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 about joining the mee ting. 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, December 6, 2022 – 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1. Recognition of the City Receiving the Government Finance Officers Association (GFOA)'S Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year Ended June 30, 2021 and the GFOA's Distinguished Budget Presentation Award for the Fiscal Year Beginning July 1, 2022
Recommended Action: That the Mayor and City Council recognize and congratulate the Finance Department for their dedicated se rvice in receiving the GFOA’s Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2021 and the GFOA's Distinguished Budget Presentation Award for the fiscal year beginning July 1, 2022.
2. Proclamation Recogn izing the Public Works Department Parks Team for the Implementation of Park Improvement Projects and Continued Maintenance Services
Recommended Action: That the City Council recognize the Public Works Department Parks Team for their efforts in implementi ng park improvements and continuing to maintain parks to ensure the continued accessibility and safety of park amenities to members of the Campbell community.
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.
3. Minutes of City Council Executive Session Meeting of November 1, 2022 Recommended Action : Approve the executive session meeting minutes of November 1, 2022.
4. Minutes of City Council Special Meeting of November 1, 2022 Recommended Action : Approve the special meeting minutes of November 1, 2022.
5. Minutes of City Council Regular Meeting of November 1, 2022 Recommended Action : Approve the regular meeting minutes of November 1, 2022.
6. Minutes of City Council Executive Session Meeting of November 15, 2022 Recommended Action : Approve the executive session meeti ng minutes of November 15, 2022.
7. Minutes of City Council Regular Meeting of November 15, 2022 Recommended Action : Approve the regular meeting minutes of November 15, 2022.
8. Approving Bills and Claims
Recommended Action: Approve the bills and clai ms in the amount of $1,094,744.11.
9. Monthly Investment Transactions Report (October 2022) Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for October 2022.
10. Community Facilities District No. 1 Report Fiscal Year (FY) 2021-22
Recommended Action: That the City Council note and file the Annual Bond Accountability Report for the City’s Community Facilities District No. 1 (“CFD”) for Fiscal Year ending June 30, 2022, as mandated by the California Government Code Sections 53411 and 50075.3.
11. Community Facilities District No. 2 Report Fiscal Year (FY) 2021-22 Recommended Action: That the City Co uncil note and file the Annual Bond Accountability Report for the City’s Community Facilities District No. 2 (“CFD”) for Fiscal Year ending June 30, 2022, as mandated by the California Government Code sections 53411 and 50075.3.
12. Approval of Tract Map N o. 10580 Including Acceptance of Public Service Easements Shown on Said Map – 1429 & 1445 Westmont Avenue (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving the Tract Map for Tract No. 10580 and accept the public service easements as shown on the map for the property located at 1429 & 1445 Westmont Avenue.
13. Approval of the Vacation of the Light and Air / Building Line, and the Future Avenue Line Within Lot 1 of Tract Map No. 89 (Portions of Hacienda Avenue – Formerly Allendale Avenue, and Burrows Road) and Directing the City Clerk to Record the Resolution (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution (1) summarily vacating the Light and Air / Building Line withi n Lot 1 of Tract Map No. 89; (2) summarily vacating the Future Avenue Line within Lot 1 of Tract Map No. 89; and (3) directing the City Clerk to record the resolution.
14. Accept Improvements for the FY 21/22 Annual Street Maintenance - Collector and Residential Street Resurfacing, Project 22-BB, and File Notice of Completion (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution accepting the improvements for the FY 21/22 Annual Street Maintenance - Collector and Residential Street Resurfacing, Project 22 -BB; directing the City Engineer to file the Notice of Completion; and authoriz ing the Finance Director to perform a budget adjustment.
15. Resolution Declaring Weeds a Public Nuisance and Scheduling a Public Hearing (Resolution/ Roll Call Vote)
Recommended Action: That the City Council adopt a resolution, declaring weeds a public nuisance, and setting January 17, 2023, as the date for a public hearing to hear protests.
16. Accept the “Energy Conservation Upgrades and Infrastructure Improvements” (ESCO) Project No. 21 -OO, and Direct Filing of Notice of Completion (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a reso lution accepting the work completed for the City’s “Energy Conservation Upgrades and Infrastructure Improvements” (ESCO) Project 21 -OO and direct the City Engineer to file the Notice of Completion.
17. Amendment to the Classification and Salary Plan – Recreation Program Coordinator and Police Officer (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt the Resolution amending the Classification and Salary Plan for Rec reation Program Coordinator and Police Officer.
18. Approve an Amendment to the Consultant Services Agreement with Maze & Associates for Payroll Operations Support and System Implementation Services and Approve a Corresponding Budget Adjustment
(Resolution/Roll Call Vote)
Recommended Action: That the City Council adop t a resolution authorizing the City Manager to approve and execute an amendment to the Consultant Services Agreement with Maze & Associates for payroll operations support and system implementation services and authorizing a corresponding budget adjustment.
19. Resolution Reviewing and Accepting the Annual Developer Fee Disclosure Information for the Environmental Services Fee, Parkland Dedication Fee, and Vehicle Impact Fee and Making Five -Year Findings for the Parkland Dedication Fee and Vehicle Impact Fee for the Fiscal Year Ended June 30, 2022 Pursuant to California Government Code (GC) Section 66001 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution c onsistent with the Mitigation Fee Act (AB -1600) to review and acc ept the annual developer fee disclosure information for the Environmental Services Fee, Parkland Dedication Fee, and Vehicle Impact Fee and make five -year findings for the Parkland Dedication Fee and Vehicle Impact Fee for the Fiscal Year ended June 30, 20 22 pursuant to California Government Code (GC) Section 66001.
20. Amendment to the Consultant Services Agreement with O'Brien Code Consulting for Plan Check Services (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution authorizing a contract amendment with O’Brien Code Consulting and dispense with the bidding requirements as specified by the Campbell Municipal Code Section 3.20.30(8).
21. Resolution Commen ding Sergeant Brian Sessi ons for Over 17 Years of Service to the City of Campbell (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution commending Sergeant Brian Sessions for his over 17 Years of Service to the City of Campbell.
NEW BUSINESS
22. Authorization for the Grant Application, Acceptance, and Execution of the Grant Funds from the State of California Budget Act o f 2021 (SB 129), for the Campbell Library Renovations Project (Project No. 23 -SS); Authorizing the Cit y Manager to Execute the Funding Agreement with the California State Library and Any Amendments Thereto; and Authorizing the Finance Director to Perform a Budget Adjustment (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Res olution authorizing the grant application, acceptance, and execution of the grant funds from the State of California Budget Act of 2021 (SB 129) for the C ampbell Library Renovations
Project (Project No. 23-SS); authorizing the City Manager to execute the Funding Agreement and Any Amendments with the State of California Library; and authorizing the Finance Director to perform a budget adjustment.
23. Approval of a Professional Services Agreement with the Gordian Group for a Facilities Inventory and Condition Assessment of City -Owned Buildings through a Cooperative Purchasing Agreement with Sourcewell and Dispensing of Bidding Requirements as Specified in Camp bell Municipal Code Section 3.20.030(6) (Resolution/Roll Call Vote)
Recommended Action: That the Cit y Council adopt a resolution (1) authorizing the City Manager to enter into a Professional Services Agreement with the Gordian Group to perform a Faciliti es Inventory and Condition Assessment of various City-owned buildings with pricing and terms as determ ined by the City’s participation in a Cooperative Services Agreement with Soucewell (a Cooperative Purchasing Firm); and (2) to dispense with bidding requ irements, as authorized in Campbell Municipal Code Section 3.20.030(6), for professional services intended to provide information for staff’s use during project development and implementation.
24. Amending Classification Plan to Adjust the Salary Range of Unrepresented Unclassified Management Police Chief Position (Resolution/Roll Call Vote) Recommended Action: That the City Council approve the Resolution that will amend the compensation for the unrepresented unclassified management Police Chief classification.
25. Resolution Amending Agreement for City Manager Services (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution amending the Second Amended Agreement for City Manager services, authorizing a one -time retro-active payment to the City Manager, and updating the City's Salary Schedule for the City Manager Classification.
26. Update to Legislative Advocacy Principles
Recommended Action: Consider Recommendation of the Legislative Subcommittee to Update the Legislative Advocacy Principles Policy
27. Response to 2022 Civil Grand Jury Report on Ballot Measure Language Recommended Action: That the City Council authorize the Mayor to submit, on behalf of the City Council, the attached letter as the City’s response to the 2022 Santa Clara County Civil Grand Jury Report, “If You Only Read the Ballot, You’re Being Duped.”
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.
UNFINISHED BUSINESS
28. Code of Conduct Policy for Boards and Commissions
Recommended Action: Consider adoption of Code of Conduct Policy for City Boards and Commissions
COUNCIL COMMITTEE REPORTS
29. Approve Appointments to Civic Improvement Commission Recommended Action: It is recommended t hat the City Council approve the recommendation of the Advisory Commissioner Appointment Interview Subcommittee regarding appointments to the Civic Improvement Commission for two four -year terms expiring August 2026; and the Historic Preservation Board for two four-year terms expiring October 2026.
30. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
ADJOURN
IMPORTANT NOTICE: Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbell, CA 95008, during normal business hours. These materials will also be available on the City website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet following the last item of the agenda, subject to staff’s ability to post the documents prior to the meeting. All documents not posted prior to the meeting will be posted the next business day.
In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the City Council Chambers. If you require accommodation, please contact the City Clerk’s Office, (408) 866-2117, at least one week in advance of the meeting.
City
Council
Report
TITLE: Recognition of the City Receiving the Government Finance Officers Association (GFOA)'S Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year Ended June 30, 2021 and the GFOA's Distinguished Budget Presentation Award for the Fiscal Year Beginning July 1, 2022
RECOMMENDED ACTION
That the Mayor and City Council recognize and congratulate the Finance Depart ment for their dedicated service in receiving the GFOA’s Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2021 and the GFOA's Distinguished Budget Presentation Award for the fiscal year beginning July 1, 2022.
BACKGROUND
The Government Finance Officers Association (GFOA) , founded in 1906, represents public finance officials throughout the United States and Canada. The association's more than 20,000 members are federal , state/provincial, and local finance officials deeply involved in planning, financing, and implementing thousands of governmental operations in each of their jurisdictions. GFOA's mission is to advance excellence in public finance.
The GFOA established t he Certificate of Achievement for Excellence in Financial Reporting Program (COA) in 1945 to encourage and assist state and local governments to go beyond the minimum requirements of generally accepted account ing principles to prepare annual comprehensive financial reports that evidence the spirit of transparency and full disclosure and then to recognize individual governments that succeed in achieving that goal. The goal of the program is not to assess the fin ancial health of participating governments, but rather to ensure that users of their financial statements have the information they need to do so themselves.
Additionally, the GFOA also established the Distinguished Budget Presentation Awards Program (Budget Awards Program) in 1984 to encourage and assist state and local governments to prepare budget documents of the very highest quality that reflect both the guidelines established by the National Advisory Council on State and Local Budgeting and the GFOA's best practices on budgeting and then to recognize individual governments that succeed in achieving that goal. Approximately 1,800 governments, Item: 1
Category: SPECIAL PRESENTATIONS
AND PROCLAMATIONS
Meeting Date: December 6, 2022
1 Packet Pg. 7
Recognition for Receiving GFOA Annual Financial Report and Budget Awards Page 2 of 3 including states, cities, counties, special districts, school districts, and more have been recognized for transparency in budgeting. To earn recognition, budget documents must meet program criteria and excel as a policy document, financial plan, operations guide, and communication tool.
DISCUSSION
GFOA has awarded the Certificate of Achievement for Excellence in Financial Reporting to City of Campbell for its annual comprehensive financial report (ACFR) for the fiscal year ended June 30, 2021. The report has been judged by an impartial panel to meet the high standards of the program, which includes demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the report. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management.
Additionally, the GFOA has also recently awarded the Distinguished Budget Presentation Award to City of Campbell for its Adopted Operating Budget for the fiscal year beginning July 1, 2022. The report has been judged by an impartial panel to meet the high standards of the program . The award represents a significant achievement by the City and reflects the commitment of the City Council and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, a public agency has to satisfy nationally recognized guidelines for effective budget presentation.
These guidelines are designed to assess how well an entity's budget serves as:
• a policy document
• a financial plan
• an operations guide
• a communications device
Budget documents must be rated "proficient" in all four categories, and in the fourteen mandatory criteria within those categories, to receive the award.
The City of Campbell has received a GFOA Certificate of Achievement for Excellence in Financial Reporting for the past 33 consecutive fiscal years and a GFOA Distinguished Budget Presentation Awa rd for the past 30 consecutive years. T his has been made possible by the dedicated service of the entire Finance Department under the leadership of the Finance Director and the Finance Manager and with the support of the City Manager and the City Council.
FISCAL IMPACT
There is no fiscal impact associated with this action.
1 Packet Pg. 8
Recognition for Receiving GFOA Annual Financial Report and Budget Awards Page 3 of 3
Prepared by:
Will Fuentes, Finance Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Annual Financial Report and Budget Awards Proclamation (12-06-22) 1 Packet Pg. 9
PROCLAMATION
OF THE MAYOR OF THE CITY OF CAMPBELL
WHEREAS, the Government Finance Officers Association (GFOA), founded in 1906, represents public finance officials throughout the United States and Canada. The association's more than 20,000 members are fe deral, state/provincial, and local finance officials deeply involved in planning, financing, and implementing thousands of governmental operations in each of their jurisdictions. GFOA's mission is to advance excellence in public finance; and
WHEREAS, the GFOA established the Certificate of Achievement for Excellence in Financial R eporting Program (COA) in 1945 to encourage and assist state and local governments to go beyond the minimum requirements of generally accepted accounting principles to prepare ann ual comprehensive financial reports that evidence the spirit of transparency and full disclosure and then to recognize individual governments that succeed in achieving that goal; and
WHEREAS, the GFOA also established the Distinguished Budget Presentation Awards Program in 1984 to encourage and assist state and local governments to prepare budget documents of the very highest quality that reflect both the guidelines established by the National Advisory Council on State and Local Budgeting and the GFOA's best practices on budgeting and then to recognize individual governments that succeed in achieving that goal; and
WHEREAS, GFOA has awarded the City of Campbell the Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2021 and the Distinguished Budget Presentation Award for the fiscal year beginning July 1, 2022; and
WHEREAS, the Certificate of Achievement for Excellence in Financial Reporting and the Distinguished Budget Presentation Award are the highest forms of recognition in the areas of governmental accountin g, financial reporting, budgeting and their attainment represents a significant accomplishment by a government and its management; and
WHEREAS, the City of Campb ell has received a Certificate of Achie vement for Excellence in Financial Reporting for the past 3 3 consecutive fiscal years and a Distingui shed Budget Award fo r the past 30 cons ecutive years and this ha s been made possibl e by the dedicated service of the entire Finance Department under the leadership of the Finance Director and the Finance Manager and with the support of the City Manager and the City Council; and
NOW, THEREFORE, I, Paul Resnikoff, Mayor of the City of Campb ell, California, do hereby recognize and congratulate the City of Campbell Finance Department for their dedicated service in receiving the GFOA ’s Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2021.
WITNESS MY HAND AND S EAL OF THE CITY OF CAMPBELL this 6th day of December 2022.
Paul Resnikoff, Mayor
City of Campbell
1.a
Packet Pg. 10
Attachment: Annual Financial Report and Budget Awards Proclamation (12-06-22) (Recognition for Receiving GFOA Annual Financial Report
City
Council
Report
TITLE: Proclamation Recognizing the Public Works Department Parks Team for the Implementation of Park Improvement Projects and Continued Maintenance Services
RECOMMENDED ACTION
That the City Council recognize the Public Works Department Parks Team for their efforts in implementing park improvements and continuing to maintain parks to ensure the continued accessibility and safety of park amen ities to members of the Campbell community.
BACKGROUND
The City of Campbell provides a number of neighborhood parks and recreational facilities throughout the community for the peaceful enjoyment of residents and visitors alike. These parks contain a v ariety of amenities and play apparatus for parks users of all ages and abilities. The City’s Public Works Department is responsible for the design, construction, and maintenance of all City parks to ensure members of the public have safe and dependable ac cess to their amenities and features. Moreover, the continued improvement and maintenance of City parks play an important role in enhancing the community’s quality of life and the City’s commitment to delivering these services in a timely and cost-effective manner.
Many of the City’s parks were constructed in the mid to late 1990’s and have required the replacement of outdated playground equipment in recent years to become compliant with current safety and ADA standards. In 2015, the Public Works Depar tment developed the ‘Parks and Maintenance Program Asset Management Plan’ which provided the framework to begin systematically improving the park system. Shortly thereafter, in Fiscal Year 2016 -17, the Citywide Playground Renovations Project was created ( in the CIP) with the goal of updating and enhancing the playability of City parks. During this same time, staff also began programming the use of the Park Dedication Fund (also in the CIP) as the primary funding source to provide the funding for staff to implement specific park improvements with goal of increasing play value and replacing outdated equipment.
DISCUSSION
The Public Works Department is committed to providing high -quality, cost -effective, design, construction, and maintenance services for all Citywide parks and recreational Item: 2
Category: SPECIAL PRESENTATIONS
AND PROCLAMATIONS
Meeting Date: December 6, 2022
2 Packet Pg. 11
Proclamation for Park Improvement Projects Page 2 of 2
amenities. While each Public Works section oversees a specific City service and/or operation, the implementation and maintenance of City parks is a Department -wide team effort, made possible by staff collaboration across t he Engineering and Maintenance Divisions. Public Work’s ability to provide functional and reliable park services is a result of the combined efforts from staff throughout these divisions and their collaboration with and support from other departments throughout the City.
Public Works staff dedicates a significant amount of time and resources towards the development of project designs, specifications, budgeting strategies for each park project, while incorporating community and stakeholder input. This a lso includes providing reports to Council, compliance with bidding procedures, and other related administrative tasks. In addition to project implementation and construction, Public Works also covers a wide range of services encompassing the subsequent maintenance of all park equipment, facilities, landscape, and recreational amenities. As a result of these combined efforts, the Public Works Parks Team has successfully implemented several park improvements completed in recent years including:
• 2017 – Jack Fischer Park Playground Improvement Project • 2018 – Campbell Community Center Play Area and Exercise Equipment • 2021 – the City’s first All-Inclusive playground at John D. Morgan Park • 2022 – Campbell Park Playground improvement Project
At this time it is appropriate to recognize the accomplishments and continued efforts of Public Works Parks Team for their efforts to improve and maintain the City’s parks and recreational amenities for the Campbell community.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Prepared by:
Carina Shattuck, Administrative Analyst I
Attachment:
a. Parks Team Proclamation
2 Packet Pg. 12
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
Brian Loventhal, City Manager
PROCLAMATION
OF THE
MAYOR OF THE CITY OF CAMPBELL
WHEREAS, the City of Campbell has several neighborhood parks located throughout the City containing a variety of amenities and play apparatus for enjoyment of park users of all ages and abilities; and
WHEREAS, the City’s Public Works Department is responsible for the design, construction, and maintenance of all City parks to ensure members of the publi c have safe and dependable access to park amenities and features; and
WHEREAS, many of the City’s parks were constructed in the mid to late 1990’s with outdated equipment replaced in recent years to become compliant with current safety standards; and
WHEREAS, in 2015, the Public Works Department developed the ‘Parks and Maintenance Program Asset Management Plan’ which developed the framework to systematically improve the park system; and
WHEREAS, in Fiscal Year 2016 -17, the Citywide Playground Renovations Project was created in the CIP with the goal to update and enhance the playability of City parks; and
WHEREAS, the Park Dedication Fund has been the primary source of funding to continue with park improvements in a timely and cost-effective manner; and
WHEREAS, in 2017, the Jack Fischer Park Improvement was completed; and
WHEREAS, in 2018, the Campbell Community Center Play Area and the Outdoor Exercise Station Renovation projects were completed; and
WHEREAS, in 2021, the first All-Inclusive playground in the City was completed at John D. Morgan Park; and
WHEREAS, in 2022, the Campbell Park Improvement project was completed.
NOW, THERE FORE, I, Paul Resnikoff , Mayor of the City of Campbell, do hereby recognize the accomplishments and continuous efforts made by the Public Works Parks Team to preserve, maintain, and improve the City’s parks to better the quality of life for members of the community.
Further, I urge all citizens to exercise appropriate use and proper treatment of the equipment and amenities available throughout the parks system to help the City maintain a clean, functional, and safe environment to be enjoyed by all.
WITNESS MY HAND AND SEAL OF THE CITY OF CAMPBELL this 6th day of December 2022.
___________________________________
Paul Resnikoff, Mayor
City of Campbell, California
2.a
Packet Pg. 13
Attachment: Parks Team Proclamation (Proclamation for Park Improvement Projects)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
CITY COUNCIL EXECUTIVE SESSION
Tuesday, November 1, 2022 - 5:15 p.m.
Ralph Doetsch Conference Room
70 N. First Street, Campbell, California
This City Council meeting was dul y 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 mee ting at Campbell City Hall, 70 N. First Street, Campbell California in t he Ralph Doetsch Conference Room.
ROLL CALL
Attendee Name Title Status
Paul Resnikoff Mayor Present
Anne Bybee Vice Mayor Present
Elizabeth 'Liz' Gibbons Councilmember Present
Susan M. Landry Councilmember Present
Sergio Lopez Councilmember Present
PUBLIC COMMENT
There was no public comment.
MOVE INTO CLOSED EXECUTIVE SESSION
A. Personnel
B. Litigation – Conference with Legal Counsel – Existing Litigation (Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9) Name of C ase: (One case: employee is seeking workers compensation for alleged job related injuries)
C. Real Property
D. Labor Negotiations
3 Packet Pg. 14
Minutes Acceptance: Minutes of Nov 1, 2022 5:15 PM (CONSENT CALENDAR) Minutes of November 1, 2022 City Council Meeting Page 2 he City Council met in Executive Session to discuss item B. City Attorney, William Seligmann; City Manager, Brian Loventhal; Human Resources Manager Jenny Li- Christensen (Remote) and Police Chief, Gary Berg were in attendance.
ADJOURN
Mayor Resnikoff adjourned the meeting at approximately 5:25 p.m.
APPROVED:
Paul Resnikoff, Mayor
ATTEST:
Andrea Sanders, City Clerk
3 Packet Pg. 15
Minutes Acceptance: Minutes of Nov 1, 2022 5:15 PM (CONSENT CALENDAR) =
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
SPECIAL JOINT MEETING OF THE CAMPBELL
CITY COUNCIL AND PLANNING COMMISSION
Tuesday, November 1, 2022 – 5:45 p.m.
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).
This meeting was recorded and can be viewed in its entirety at:
https://www.youtube.com/user/CityofCampbell.
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
Stuart Ching Commission Chair Absent
Adam Buchbinder Commission Vice Chair Present
Michael Krey Commission Member Present
Davis Fields Commission Member Present
Alan Zisser Commission Member Present
Matt Kamkar Commission Member Present
Maggie Ostrowski Commission Member Absent
PUBLIC COMMENT
There were no public comments.
UNFINISHED BUSINESS
1. Multi-Family Development and Design Standards
4 Packet Pg. 16
Minutes Acceptance: Minutes of Nov 1, 2022 5:45 PM (CONSENT CALENDAR)
Minutes of November 1, 2022 City Council Meeting Page 2 Recommended Action: Receive the report on the Multi -Family Development and Design Standards.
Community Development Director Eastwood introduced Associate Planner, Tracy Tam; Senior Planner, Stephen Rose; Opticos Design team members; Tony Perez and Stefan Pellegrini. A staff report was presented on Objective Standards; the rationale for using a Building Form Standards Code Approach and how that works; and next steps. Opticos reviewed the core concepts emphasized in the staff report.
Commissioner Krey asked how popular the form based approach is and if developers were in favor of it. He wants to avoid the cookie -cutter approach; would like more of an understanding of transit; and was sup portive of EV charging stations, bike parking on sites, and drought resistant landscaping.
Commissioner Fields expressed interest in how the initial standard are set and what is the Planning Commission and City Council’s role moving forward. He also asked for information on what the City does not support or enable for Standards in zones.
Commissioner Kamkar noted the importance of increasi ng housing and ensuring Campbell remains a place for families. He felt that less regulations from the start would be better.
Vice Chair Buchbinder stated concerns with being too strict. He used adjacency as an example with small buildings next to large b uildings and then taking units off those buildings will lead to not meeting desired densities. Regarding architectural styles he supported greater flexibility. Vice Chair Buchbinder favored large blocks with many street interfaces and preferred pedestrian interiors and no through traffic. He would like to focus on bike-ability.
Councilmember Gibbons wanted further clarification on reflecting the density bonus and envelope analysis including associated diagrams. She noted the MTC guidelines for transit oriented development should be included. She asked what happens if someone wants to build parking even though it is not re quired and how that will be included. She also stated that it should be determined how open space will be addressed.
Councilmember Lopez noted the challenges that have come from the new legislation coming into effect in the middle of the project. Addition ally, he understands wanting to avoid “super blocks” and breaking that up into smaller portions on the same parcel, and would like more in formation on what the trade -offs are in terms of cost and density as that is an important decision which could have im plications down the line meeting other goals that have been set as part of other processes.
Councilwoman Landry requested further clarif ication on definitions in regards to alleys, paseos and pedestrian/emergency access corridors. She also asked how the “super blocks” relate to a podium, multi -use, tiered sectional parameter instead of just a single floor and if the San Tomas Neighborhood area will be updated. She does not think we should be dictating architectural styles as Campbell is unique and differe nt. She 4 Packet Pg. 17
Minutes Acceptance: Minutes of Nov 1, 2022 5:45 PM (CONSENT CALENDAR)
Minutes of November 1, 2022 City Council Meeting Page 3 requested information addressing frontage types such as parkways. She noted that there needs to be a firm transit nexus between bu s stops and the intervals that they remain there.
Vice Mayor Bybee asked what other cities are using this and how suc cessful are they and what is the final process in identifying what the standards are going to be. She would like to see as many design opt ions as possible to avoid cookie -cutter appearances.
Mayor Resnikoff asked about unintended consequences and is there any discretion that we have in dealing with that. He asked if there were any discussions in differentiating one type of transit from anot her, and inquired to bus stops, their intervals and removing or adding stops. He also requested many design options to choose from.
Staff and Opticos addressed some of the questions asked by council and commissioners and next steps.
ADJOURN
Mayor Resnikoff adjourned the meeting at 7:12 p.m.
APPROVED:
ATTEST:
Paul Resnikoff, Mayor
Andrea Sanders, City Clerk
4 Packet Pg. 18
Minutes Acceptance: Minutes of Nov 1, 2022 5:45 PM (CONSENT CALENDAR)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, November 1, 2022 – 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed pu rsuant 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
Steve Saunders, Campbell resident, spoke to the soon to be termed out Councilmember Gibbons and Mayor Resnikoff noting their accomplishments while in office and thanking them for their last eight years of service.
Joe DeRosa, Campbell business owner, spoke of concerns with the resp onse received from Community Development Director Eastwood regarding the September 11, 2018 Planning Commiss ion meeting. They requested that an item be placed on a future 5 Packet Pg. 19
Minutes Acceptance: Minutes of Nov 1, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of November 1, 2022 City Council Meeting Page 2 agenda to revoke or amend the special exemptions that were provided to Lisa’s Tea Treasures.
Shantharam Mekkar, Campbell resident, representing the Hindu American Foundation, spoke of the pre vious weeks Diwali celebration and the upcoming community food drive. He thanked the Council for their continuing support.
Raja Pallela, Campbell resident invited the City Council and staff to Saturday’s Diwali Festival of Lights event at the Orchard City Banquet Hall.
COUNCIL ANNOUNCEMENTS
City Hall is open to the public for in -person services Monday through Friday, from 8:00 am to 5:00 pm. For your convenience, online services including permits, business license applications and virtual appointments are available online. Visit the c ity’s website at campbellca.gov to view information for all city departments and services available.
The City Clerk’s office is accepting applications for Boards and Commissions. To find out more about these po sitions, or to apply, please contact the City Clerk’s office at (408) 866-2117, or visit the city’s website at campbellca.gov.
Vote by mail has begun for the upcoming Nov. 8 electio n. All voters will automatically receive a vote by mail ballot. You do not need to submit a vote by mail request. Ballots will be mailed about one month before each election allowing you enough time to mark and return your ballot. Ballots returned by ma il must be postmarked on or before Election Day and must be received no later than 7 days after Election Day. Ballots that are returned in-person must be received by 8:00 pm on Election Day to any authorized drop-off location in the County of Santa Clara. For your convenience, there is a ballot box available at City Hall just below the ramp adjacent to First Street. For additional information on the upcoming elections, please visit the Santa Clara County Registrar of Voters website at sccvote.sccgov.org.
The Campbell Veterans Memorial Foundation is hosting its annual Veterans’ Day ceremony on Friday, November 11 at 9:00 am , at City Hall on the Orchard City Green.
This year’s event will include the Foundati on’s commemoration of the 50 th Anniversary of the Vietnam War. For more information, please visit campbellveteransmemorial.org.
Live music returned to the Ainsley House this fall with a series of concerts by talented musicians. The final Fall Concert wil l feature Brian Ho, who will be performing on November 13. Registration is required. For additional information, please visit campbellmuseums.com.
This holiday season the Ainsle y House and the Campbell Histor ical Museum Holiday Boutique will be open for public tours every Thursday through Sunday, from November 17 thru December 18. For more information about this and other upcoming museum events, please visit campbellmuseums.com.
CONSENT CALENDAR
5 Packet Pg. 20
Minutes Acceptance: Minutes of Nov 1, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of November 1, 2022 City Council Meeting Page 3 Mayor Resnikoff asked if anyone wished to remove an item from the Consent Calendar.
The Consent Calendar was considered as follows:
1. Minutes of City Council Executive Session Meeting of October 18, 2022 Recommended Action : Approve the executive session meeting minutes of October 18, 2022.
This action approves the executive session meeting minutes of October 18, 2022.
2. Minutes of City Council Regular Meeting of October 18, 2022 Recommended Action: Approve the regular meeting minutes of October 18, 2022.
This action approves the regular meeting minutes of October 18, 2022.
3. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $2,627,590.72.
This action approves the bills and claims in the amount of $2,627,590.72 as follows: payroll checks dated S eptember 29, 2022, in the amount of $36,522.45; bills and claims checks dated October 3, 2022, in the amount of $2,101,620.10; and bills and claims checks dated October 10, 2022, in the amount of $489,448.17.
4. Investment Report - Quarter Ending September 2022
Recommended Action: That the City Council approve the Investment Report for the quarter ending September 2022 and the report be noted and filed.
This action approves the I nvestment Report for the quarter ending September 2022.
M/S: Bybee/Landry – That the City Council approve the Consent Calendar.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Landry
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
5. Text Amendment (PLN -2022-112) to Titles 1 (General Provisions), 14 (Sewers), 17 (Fire Protection), 18 (Building Codes and Regulations), and 20 (Subdivision and Land Develo pment) of the Campbell Municipal Code to Adopt the 2022 Editions of the California Building & Fire Codes and Incorporate Electrification Reach Codes with Local Amendments (Ordinance/Roll Call Vote)
Recommended Action: That the City Council introduce an Or dinance amending Titles 1 (General Provisi ons), 14 (Sewers), 17 (Fire Protection), 18 (Building Codes and Regulations), and 20 (Subdivision and Land Development) of the 5 Packet Pg. 21
Minutes Acceptance: Minutes of Nov 1, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of November 1, 2022 City Council Meeting Page 4 Campbell Municipal Code to adopt the 2022 Editions of the California Building & Fire Codes and incorporate Electrification Reach Codes with local amendments.
This is the time and place for a public hearing to consider introduction of an Ordinance amending Titles 1 (General Provisions), 14 (Sewers), 17 (Fire Protection), 18 (Building Codes a nd Regulations), and 20 (Subdivision and L and Development) of the Campbell Municipal Code to adopt the 2022 Editions of the California Building & Fire Codes and incorporate Electrification Reach Codes with local amendments.
Community Development Director E astwood presented a staff report dated November 1, 2022. He recommended adopting the 2022 Building Codes with local amendments and noted the desk item containing information from the Santa Clara County Fire Departments reflecting minor Ordinance changes re lating to the sprinkling of ADU’s requiring refinement.
Council asked general questions related to the staff report presentation.
Mayor Resnikoff opened the public hearing and asked if anyone wished to speak.
Sean Mendelson, Campbell resident, spoke on expanding the Climate Action Plan in expanding Reach Codes to require all electric, including kitchen remodels and restaurants.
Stephanie Morris, Campbell resident, requested requiring all electric appliances for kitchen remodels and to require Level 2 E V ready charging for every new multi-family unit with access to parking.
Raja Pallela, Campbell resident, requested additional information on the extra costs for installing all electric appliances versus gas appliances and stated concerns that these costs will be passed down from the builders to potential homeowners decreasing home affordability.
Linda Hutchins -Knowles, E -Mobility and Advocacy Senior Manager at Acterra, requested adopting reach codes that provides at least one EV ready parking space for each newly built apartment or condo unit with parking and specify that builders wire each spot directly to the meter whenever feasible.
Dashiell Leeds, Conservation Organizer f or the Sierra Club Loma Prieta Chapter supported the reach codes and thanked st aff for including a hardship exemption, and encouraged city staff to direct applicants to Silicon Valley Clean Energy to receive technical assistance.
Seeing no one else wishing to speak, Mayor Resnikoff closed the public hearing.
Councilmember Gibbons stated support for the staff recommendation.
Councilmember Lopez supported the staff recommendation and provided feedback to staff to provide clear communication materials for the public detailing what qualifies as a kitchen remodel. He also spoke of the potential to remove natural gas from the relevant Code Section for kitchen remodels. 5 Packet Pg. 22
Minutes Acceptance: Minutes of Nov 1, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of November 1, 2022 City Council Meeting Page 5
Councilwoman Landry echoed Councilmember Lopez’s comments in further clarifications of what constitutes as a kitchen remodel and removing natural gas from the proposed ordinance.
Community Development Director Eastwood provided clarification that “natural gas” will be removed from the Code to be consistent.
Vice Mayor Bybee supported the staf f recommendation and is open to considering the public speaker request relating to kitchen remodels. She also expressed support for the hardship exemption.
Mayor Resnikoff supported the City goals, but noted that further public education is needed, and in formation as to what the additional costs to convert would be.
He would like to see more programs that would help people switch their appliances and transition to all electric for existing buildings.
There was councilmember consensus for staff to provid e additional information and programs to better educate the public on how best to make these transitions.
City Attorney Seligmann provided clarification that including language requiring electrification of kitchen remodels would require extensive reworking of the proposed Ordinance and staff would need to return at a future date fo r first reading, delaying adoption of the Ordinance.
Councilmember Gibbons suggested that the City could continue working towards all electric homes, remodels, kitchens as part of next year’s Climate Action Plan work item.
Mayor Resnikoff provided dire ction to develop proper education programs moving forward and a cost analysis for transitioning to all electric.
Community Development Director Eastwood stated staff will do further outreach to the community and stakeholders regarding Ordinance education and rebates available.
M/S: Gibbons/Lopez - That the City Council introduce Ordinance 229 0 amending Titles 1 (General Provisions), 14 (Sewers), 17 (Fire Protection), 18 (Building Codes and Regulations), and 20 (Subdivision and Land Development) of the Ca mpbell Municipal Code to adopt the 2022 Editions of the California Building & Fire Codes an d incorporate Electrification Reach Codes with local amendments; including the desk item; and removal of inadvertent language referring to natural gas in the second exception, number 1, in Section 18.26.060 of the Building Code; and that staff would be pro active in communicating programs and information related to electrification of new and remodeled homes. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
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Minutes Acceptance: Minutes of Nov 1, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of November 1, 2022 City Council Meeting Page 6 SECONDER: Lopez
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
City Clerk Sanders read the full title of Ordinance 2290.
M/S: Gibbons/Bybee – That the City Council waive further reading of Ordinance 2290. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Bybee
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
NEW BUSINESS
There were no new business items.
UNFINISHED BUSINESS
There were no unfinished business items.
COUNCIL COMMITTEE REPORTS
6. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Councilmember Gibbons attended meetings of the Campbell Historical Museum and Ainsley House Foun dation; the Education Subcommittee meeting; and Silicon Valley Clean Energy JPA meetings.
Councilwoman Landry attended the Campbell Chamber of Commerce Luncheon; the Education Subcommittee meeting; County Library District JPA Board of Directors meeting; Santa Clara Valley Water District: County Water Commission meeting; the Recycling and Waste Reduction Commission of Santa Clara County meeting; attended the Campbell Police Department Halloween event; and Supervisor Susan Ellenberg’s Picnic in the Park event.
Councilmember Lopez attended the Bay Area Air Quality Management District Subcommittee meeting.
Mayor Resnikoff attended the City All -Hands meeting for staff service awards, the Cupertino Pizza and Politics Joint Youth Commissions event; the West Valley Solid Waste workshop; Campbell Rotary meeting; the West Valley Mayors and Managers meeting; Supervisor Susan Ellenberg’s Picnic in the Park event; and the Downtown Campbell Business Association’s Creepy Crawly Halloween event.
ADJOURN
Mayor Resnikoff adjourned the meeting at 8:48 PM.
5 Packet Pg. 24
Minutes Acceptance: Minutes of Nov 1, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of November 1, 2022 City Council Meeting Page 7 APPROVED:
ATTEST:
Paul Resnikoff, Mayor
Andrea Sanders, City Clerk
5 Packet Pg. 25
Minutes Acceptance: Minutes of Nov 1, 2022 7:30 PM (CONSENT CALENDAR)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
CITY COUNCIL EXECUTIVE SESSION
Tuesday, November 15, 2022 - 6:00 p.m.
Ralph Doetsch Conference Room
70 N. First Street, Campbell, California
This City Council meeting was d uly 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 me eting at Campbell City Hall, 70 N. First Street, Campbell California in the Ralph Doetsch Conference Room.
ROLL CALL
Attendee Name Title Status
Paul Resnikoff Mayor Present
Anne Bybee Vice Mayor Present
Elizabeth 'Liz' Gibbons Councilmember Present
Susan M. Landry Councilmember Present
Sergio Lopez Councilmember Present
PUBLIC COMMENT
There was no public comment.
MOVE INTO CLOSED EXECUTIVE SESSION
A. Personnel
B. Litigation
C. Real Property
D. Labor Negotiations – Pursuant to G.S. Section 54957.6: Conference with Labor Negotiator – Agency Negotiator: Jenny Li -Christensen, Human Resources Manager. Employee Organization: Campbell Peace Officers Association (CPOA)
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Minutes Acceptance: Minutes of Nov 15, 2022 6:00 PM (CONSENT CALENDAR)
Minutes of November 15, 2022 City Council Meeting Page 2 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
The City Council met in Executive Session to dis cuss two items for item B. City Attorney, William Seligmann; City Manager, Brian Loventhal; Assistant City Ma nager, Angelique Gaeta, Finance Director, Will Fuentes; and Human Resources Manager, Jenny Li-Christensen were in attendance.
ADJOURN
Mayor Resnikoff adjourned the meeting at approximately 7:35 p.m.
APPROVED:
Paul Resnikoff, Mayor
ATTEST:
Andrea Sanders, City Clerk
6 Packet Pg. 27
Minutes Acceptance: Minutes of Nov 15, 2022 6:00 PM (CONSENT CALENDAR)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, November 15, 2022 – 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed p ursuant 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
The Pledge of Allegiance was led by Ian Hanaray and Molly Hanaray. Mayor Resnikoff thanked them and presented each of them a certificate of appreciation for leading the pledge.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1. Recognition for Ian Hanaray and Molly Hanaray for Lifesaving Efforts Recommended Action: The City of Campbell and the Campbell Police Department recognize Ian and Molly Hanaray for their lifesaving efforts.
Mayor Resnikoff recognized Campbell lifeguards Ian Hanaray and his sister Molly Hanaray for their quick thinking and lifesaving efforts at the Campbell Community Center when a 14 -year old collapsed, and presented them each with a proclamation.
Police Chief Berg presented Ian and Molly Hanaray plaques in recognition of their quick thinking and efforts that directly saved the life of another.
7 Packet Pg. 28
Minutes Acceptance: Minutes of Nov 15, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of November 15, 2022 City Council Meeting Page 2 Molly and Ian Hanaray thanked everyone for co ming, and were happy they were present to help Ryan until first responders were able to arrive.
The parents of Ryan spoke of the medical emergency, how the quick actions of Ian and Molly saved their son’s life and how thankful they were. They also recognized his coaches, staff, other parents and first responders who all played a part in helping their son.
COMMUNICATIONS AND PETITIONS
There are no communications and petitions.
ORAL REQUESTS
Ken Johnson, Campbell Chamber of Commerce Executive Director, spok e of upcoming Chamber events such as the 30 th Annual Community Toy Event, the December 3 Carol of Lights event, the December 8 Fundraising Mixer and Santa around town visits. He noted community members could participate by donating a new unwrapped toy or book to a fire station or any of the drop off locations.
COUNCIL ANNOUNCEMENTS
City Hall is open to the public for in -person services Monday through Friday, from 8:00 am to 5:00 pm. For your convenience, online services including permits, business license appl ications and virtual appointments are available online. Visit the city’s website at campbellca.gov to view information for all city departments and services available.
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 office at (408) 866-2117, or visit the city’s website at campbellca.gov.
Please join u s as we celebrate the reopening of Campbell Park. The Campbell Park Improvement Dedication Ceremony is scheduled for November 17 from 11am to 12:00pm. I hope to see all of you there for the official dedication and ribbon cutting ceremony for our beautiful new play area.
The Ainsley House and Museum Holiday Boutique will be open for public tours every Thursday thru Sunday, from November 17 thru December 18. For more information about this and other upcoming events, please visit campbellmuseums.com.
History Happy Hour returns at the Ainsley House on November 19 when author Brian Earl will present his new book, “Christmas Past, The Fascinating Stories Behind Our Favorite Holiday’s Traditions”. That will be on November 19 from 5 -7 pm. The cost to attend is $15 per person. To register please visit campbellmuseums.com.
The annual downtown Campbell Carol of Lights celebration will be held on December 3 from 3 pm – 7:00 pm. This is a free event and everyone is invited to attend.
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Minutes Acceptance: Minutes of Nov 15, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of November 15, 2022 City Council Meeting Page 3 City Hall offices will be closed November 24 and November 25 in observance of the Thanksgiving Day holiday and will reopen November 29.
CONSENT CALENDAR
Mayor Resnikoff asked if anyone wished to remove an item from the Consent Calendar.
Item five was pulled.
The Consent Calendar was considered as follows:
2. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $1,127,916.11.
This action approv es the bills and claims in the amount of $1,127,916.11 as follows: payroll checks dated October 13, 2022, in the amount of $66,686.0 0; bills and claims checks dated October 17, 2022, in the amount of $277,137.44; and bills and claims checks dated October 2 4, 2022, in the amount of $784,092.67.
3. Second Reading of Ordinance 2290 the Campbell Municipal Code to Adopt the 2022 Editions of the California Building and Fire Codes and Incorporate Electrification Reach Codes with Local Amendments. (Ordinance/ Roll Call Vote)
Recommended Action: That the City Council adopt Ordinance 2290 amending Titles 1 (General Provisions), 14 (Sewers), 17 ( Fire Protection), 18 (Building Codes and Regulations), and 20 (Subdivision and Land Development) of the Campbell Municipal Code to adopt the 2022 editions of the California Building & Fire Codes and incorporate Electrification Reach Code with local amendments.
Ordinance 2290 amends Titles 1 (General Provisions), 14 (Sewers), 17 (Fire Protection), 18 (Building Codes and Regulations), and 20 (Subdivision and Land Development) of the Campbell Municipal Code to adopt the 2022 editions of the California Building & Fire Codes and incorporate Electrification Reach Code with local amendments.
4. Agreement Between the County of S anta Cl ara, on Behalf of the Santa Clara County Sheriff, and the Campbell Police Department for the County to Provide CLETS Access to the Campbell Police Department. (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing the City Manager to enter into an agreement with the County of Santa Clara to provide CLETS access to the Campbell Police Department.
Resolution 12905 authorizes the City Manager to enter into an agreement with the County of Santa Clara to pro vide CL ETS access to the Campbell Police Department.
M/S: Landry/Bybee – That the City Council approve the Consent Calendar.
The motion was adopted by the following roll call vote:
7 Packet Pg. 30
Minutes Acceptance: Minutes of Nov 15, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of November 15, 2022 City Council Meeting Page 4 RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Bybee
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
ITEMS CONSIDERED SEPARATE FROM CONSENT
5. Accept Donations from the Campbell Parks and Recreation Foundation and Rotary Club of Campbell for Hyde Park Playground Renovations (Resolution/Roll Call Vote)
Recommended Action: That t he City Council adopt a resolution accepting donations from the Campbell Parks and Recreation Foundation in the amount of $7,800 and the Rotary Club of Campbell in the amount of $7,000 (combined total donation amount of $14,800), for the Hyde Park P layground Renovations and approving associated budget adjustments to recognize donation revenue and donation related expenditures.
Councilmember Gibbons spoke of the generosity of the Campbell Parks and Recreation Foundation and thanked them for their donations.
M/S: Gibbons/Landry – That the City Council adopt Resolution 12906 accepting donations from the Campbell Parks and Recreation Foundation in the amount of $7,800 and the Rotary Club of Campbell in the amount of $7,000 (combined total donation amou nt of $ 14,800), for the Hyde Park Playground Renovations and approving associated budget adjustments to recognize donation revenue and donation related expenditures. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Landry
AYES: Bybee, Gibbons, Landry, Lopez
RECUSED Resnikoff
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
6. Public Hearing to Consider the Application by TDDGUS (Applicant for Owner), for a Major Planned Development Permit Modification an d Extension of Approval (PLN -2022-13) to Allow for Revisions to the Architectural Design and Changes in Floor Area of a Previously Approved Planned Development Permit for a 6 -Lot Single-Family House Subdivision and to Extend the Approval of the Previously Approved Tentative Map , for Property Located at 1429 & 1445 Westmont Avenue in the P -D (Planned Development) Zoning District.
Recommended A ction: The Planning Commission recommends that the City Council take the following action: Adopt a Resolution , appr oving a Major Planned Development Permit Modification and Extension of Approval (PLN - 2022-13) to allow for revisions to the architectural des ign and changes in floor area of a previously approved Planned Development Permit for a 6 -lot single - 7 Packet Pg. 31
Minutes Acceptance: Minutes of Nov 15, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of November 15, 2022 City Council Meeting Page 5 family house s ubdivision and to extend the approval of the previously approved tentative map (including carrying over Public Works Conditions of Approval f rom prior entitlements, and a new Condition of Approval to supersede prior entitlements), and finding the project C ategorically Exempt under Section 15332 of the California Environmental Quality Act.
This is the time and place for a public hearing to cons ider the application by TDDGUS (Applicant for Owner) or a Major Planned Development Permit Modification and Extensi on of Approval (PLN -2022-13) to Allow for Revisions to the Architectural Design and Changes in Floor Area of a Previously Approved Planned Development Permit for a 6-Lot Single-Family House Subdivision and to Extend the Approval of the Previously Approved Tentative Map , for Property Located at 1429 & 1445 Westmont Avenue in the P -D (Planned Development) Zoning District.
Associate Planner, Tra cy Tam presented a staff report dated November 15, 2022. Ms. Tam noted the substantial architectural changes which necessitated Council approval. The applicant proposed an extension of approval for the Tentative Map to be extended by two years.
Council asked general questions related to the staff report presentation.
Mayor Resnikoff opened the public hearing and asked if anyone wished to speak.
Applicant, Kelli Eradi thanked Ms. Tam and staff for their guidance on this project. The owner wanted to put th eir signature on this project with the architecture and the floor plans to better meet the market and does not con flict with City ordinances.
Raja Pallela, Campbell resident, was supportive of the project and was pleased that ADUs were included.
Seeing no one else wishing to speak, Mayor Resnikoff closed the public hearing.
Councilmembers expressed support for the project and noted the benefit to having the ADUs.
After discussion, M/S: Gibbons/By bee – That the City Council a dopt Resolution 12907 approving a Major Planned Development Permit Modification and Extension of Approval (PLN -2022-13) to allow for revisions to the architectural design and changes in floor area of a previously approved Plann ed Development Permit for a 6 -lot single-family house subdivision and to extend the approval of the previously approved tentative map (including carrying over Public Works Conditions of Approval from prior entitlements, and a new Condition of Approval to supersede prior entitlements), and finding the project Categorically Exempt under Section 15332 of the California Environmental Quality Act. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
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Minutes Acceptance: Minutes of Nov 15, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of November 15, 2022 City Council Meeting Page 6 SECONDER: Bybee
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
NEW BUSINESS
7. Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution auth orizing the City Manager to execute an agreement setting forth terms under which the City of Campbell may accept the 2023 Selective Traffic Enforcement Program grant from the State of California - Office of Traffic Safety and approve a budget adjustment to recognize the grant revenue and corresponding grant related expenditures.
Chief Berg presented a staff report dated November 15, 2022.
Councilmembers expressed support for the grant program.
After discussion, M/S: Lopez/Landry – That the City Council a dopt Resolution 12908 authorizing the City Manager to execute an agreement setting forth terms under which the City of Campbell may accept the 2023 Selective Traffic Enfor cement Program grant from the State of California - Office of Traffic Safety and appr ove a budget adjustment to recognize the grant revenue and corresponding grant related expenditures. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Landry
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
UNFINISHED BUSINESS
8. Multi-Family Development and Design Standards and Key Considerations Related to the Mapping of Walkable and Auto -Oriented Neighborhoods, Establishment of Off-Street Parking Requirements, and t he Development of Site Development and Design Standards, to be Addressed as Part of the Update (File No.: PLN-2022-90).
Recommended Action: That the City Council receive the report and provide direction to staff on the mapping of walkable and auto -oriented neighborhoods, establishment of off -street parking requirements, and the development of site development and design standards.
Community Director Rob Eastwood, Senior Planner Stephan Rose, Associate Planner Tracy Tam and Opticos Design team presented a staff report dated November 15, 2022. In terms of Objective Standards they discussed the Walkability and Drivable Map, offsite Parking Standards., Design Standards, adjacency and context and larger sites standards.
Council asked general questions related to the staff presentation.
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Minutes Acceptance: Minutes of Nov 15, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of November 15, 2022 City Council Meeting Page 7 Mayor Resnikoff asked if anyone from the public wished to be heard.
Steve Saunders, Campbell resident, spoke about density in Campbell compared to other Santa Clara County c ities. He noted that in order to build more housing Campbell will need to build up. He stated concerns on building too high and how that would affect existing residents.
David Hopkins, Sares Regis Group, is looking at a site on Bascom that is suited for residential. He complimented staff for the depth o f thought going into this process and stated it is helpful to know what the key issues are for the community ahead of time. He noted concerns with the high amount of larger sites which will make it difficu lt for many to develop on. He requested lower parki ng standards.
Raja Pallela, Campbell resident, noted that parking requirements should be reduced as much as possible or even consider eliminating close to transit stations. He noted the lack of commercial buildings in the San Tomas Area.
Jim Sullivan, C ampbell resident, thanked staff and Opticos for their efforts and was supportive of the recommended parking standards. He noted concerns with the number of larger high density sites for developers.
Council took a 10-minute recess and reconvened at 9:48 p.m.
Community Development Director Eastwood asked the Council for feedback on if specific areas should be “walkable” or “drivable.”
There was council support for Areas 1 – 3 being walkable.
Community Development Director Eastwood asked Council if any changes to the parking table should be made and should any other parking reduction strategies be explored.
Councilmember Gibbons was supportive of the number of spaces but not eliminating guest parking. Shared parking could be a better option. She noted the importance of keeping at least one parking space near the unit. She requested that the documents from ABAG/MTC that have requirements for Transit Oriented Parking be incorporated.
Councilmember Lop ez was supported of going lower than recommended, specifically for studios and one -bedrooms he would go to 1.5 per unit, walkable studio to one-bedroom he would go to 1 per unit, walkable to two or more at 1.5.
He also encouraged going higher with parking and garages.
Councilwoman Landry stated concerns that the parking will be reduced so significantly that it will have negative impacts. Is not supportive of going lower than the recommendation. She does not want to remove the guest parking requirement.
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Minutes Acceptance: Minutes of Nov 15, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of November 15, 2022 City Council Meeting Page 8 Vice Ma yor Bybee supported staff recommendation and agrees with considerations to maintain guest parking to avoid street overflow.
Mayor Resnikoff echoed Vice Mayor Bybee’s statements, he was also not supportive of reducing the space size.
Community Deve lopment Director Eastwood asked the Council to determine if there were any areas of the City which warrant a higher level of design control.
Councilwoman Landry was not supportive of the staff recommendation to regulate all aspects of building designs. S he noted that a higher level should be considered at Camden and Highway 17 exit; Bascom and Hamilton; Bascom and Southwest Expressway; Campbell Ave. and Bascom; Campbell and San Tomas Expressway and Winchester near the Light Rail Station.
Councilmember Lopez also stated that guidelines should not be so prescriptive and more flexible. He was open to a higher level in the downtown area but needed more information on what those trade -offs would be. He noted the value in continuing to work towards connecting the downtown to other parts of the City such as the Pruneyard.
Councilmember Gibbons requested more information on the overlay of where mixed-use is and isn’t, standards about overhangs in the public right -of-way, Building Code information related to faca des, d riveways and sight lines and clarification on design standards related to height.
Vice Mayor Bybee stated there should be a higher level in the downtown area and on the gateways such as the Fry’s site and Campbell and Bascom site.
Mayor Resnikoff felt a higher level should be between downtown and the Pruneyard connection. He also felt designs should not be too prescriptive.
Councilmembers were generally supportive of the recommended approach to the adjacency design standards. They stressed the importance of having safeguards for creeks and natural habitats. Councilmember Lopez requested looking at bird - safe windows at the higher building heights.
Community Development Director Eastwood asked the Council if they agree with the recommendation regarding Larger Sites.
Councilwoman Landry was not supportive of larger site divide by private streets but was comfortable with everything else. She wo uld rather see a pedestrian walkway to divide.
Councilmember Lopez was not supportive of drivable streets to divide. In regards to art he recommended looking at other options on what could be done.
Councilmember Gibbons recommended looking at the larger sites in a different way, she noted it’s how big the buildings are focusing on the space in between them, or separating them with wide paseos or wide streets. 7 Packet Pg. 35
Minutes Acceptance: Minutes of Nov 15, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of November 15, 2022 City Council Meeting Page 9
Vice Mayor Bybee supported dividing large sites with emphasis on pedestrian paseos.
Mayor Resnikoff asked about the specific site locations and their intended uses.
9. Semi-Permanent Parklet Grant Program (Resolution / Roll Call Vote) Recommended Action: That the City Council adopt a resolution approving the adoption of the Semi -Permanent Parklet Grant Program and accompanying budget adjustments to assist business owners with the construction of Semi - Permanent Parklets, and adopt a Resolution extending the Temporary Parklet Program to March 28, 2023.
Due to the lateness of the hour a staff report was not presented. Economic Development Specialist Parks discussed next steps, future outreach and the final stage of parklets.
Mayor Resnikoff asked if anyone from the public wished to be heard.
Randy Musterer, Sushi Confidential Restaurant, noted the benefits of the parklet program to the City and its businesses. He appreciated the City funds to subsidy parklets.
Councilmembers provided general comments. Vice Mayor Bybee noted that she was supportive of the parklet program but not of the grant funding to implement the program. She referenced other business that do not have parklets available such as retail business.
M/S: Lopez/Landry - That the City Council adopt Resolution 12909 approving the adoption of the Semi -Permanent Parklet Grant Program and accompanying budget adjustments to assist business owners with the construction of Semi -Permanent Parklets, and adop t Resolution 12910 extending the Temporary Parklet Program to March 28, 2023, inclu ding the desk item. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [4 TO 1]
MOVER: Lopez
SECONDER: Landry
AYES: Resnikoff, Gibbons, Landry, Lopez
NAYS: Bybee
COUNCIL COMMITTEE REPORTS
10. Council Committee Reports
Recommended Act ion: That the City Council report on activities from their committee assignments.
Due to the lateness of the hour, Council Committee Reports were not heard.
ADJOURN
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Minutes Acceptance: Minutes of Nov 15, 2022 7:30 PM (CONSENT CALENDAR)
Minutes of November 15, 2022 City Council Meeting Page 10 Mayor Resnikoff adjourned the meeting at 11:17 p.m.
APPROVED:
ATTEST:
Paul Resnikoff, Mayor
Andrea Sanders, City Clerk
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Minutes Acceptance: Minutes of Nov 15, 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 $1,094,744.11
DISCUSSION
The bills and claims that have been audited and approved by staff for payments made as noted below:
Type Check Date Amount
Payroll October 27, 2022 $35,755.72
Bills & Claims October 31, 2022 $327,615.66
Bills & Claims November 07,2022 $366,884.24
Bills & Claims November 14,2022 $364,488.49
Total $1,094,744.11
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
Reviewed by:
Norite Vong, Finance Manager
Item: 8
Category: CONSENT CALENDAR
Meeting Date: December 6, 2022
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Approving Bills and Claims Page 2 of 2
Approved by:
Brian Loventhal, City Manager
8 Packet Pg. 39
City
Council
Report
TITLE: Monthly Investment Transactions Report (October 2022)
RECOMMENDED ACTION
That the City Council review and accept the Monthly Investment Transactions Report for October 2022.
BACKGROUND
As required by California Government Code ( GC) Section 53607, staff will submit to Council Monthly Investment Transaction Reports within 45 days of the prior month end that show a listing of investments purchased, sold, cal led, or that have reached maturity, along with any Local Agency Investment Fund ( LAIF) transfers. This is in addition to the Quarterly Investment Report, which shows a number of other items listed under Section VII.A of the City’s Investment Policy and has been historically prepared by staff and submitted to Council within 30 days from the end of the prior quarter.
DISCUSSION
This Monthly Investment Transaction Report covers October 2022. As shown in Attachment A, staff made $1.3 million in withdrawals from and deposited $1.6 million into the City’s Local Agency Investment Fund (LAIF) account to manage weekly operating cash flow . Interest for the quarter ending September was posted approximately in the amount of $237,000; a year-to-year increase of about $ 207,000 from last year’s quarter ending September . There were no changes in the investment account in October though $2.0 million in additional securities were purchased in November. Consistent with the recommended FY 2022-23 Investment Strategy approved by Council on August 1 6, 202 2, staf f continues to look for longer -term investment opportunities outside of LAIF , as interest rates continue to rise , providing a higher, yet still safe return consistent with the City’s Investment Policy. The LAIF investment rate for October equaled 1.772%, representing a 150 basis point increase from the prior October. Staff continues to look for attractive and appropriate longer -term investment opportunities throughout FY 202 3; contingent on continued positive economic interest rate trends. Please note that all investment purchases made adhere to the City’s Investment Policy.
FISCAL IMPACT
Item: 9
Category: CONSENT CALENDAR
Meeting Date: December 6, 2022
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Monthly Investment Transactions Report (October 2022) Page 2 of 2 There is no fiscal impact associated with the review and acceptance of the Monthly Investment Transactions Report.
Prepared by:
John Formale, Accountant
Reviewed by:
Will Fuentes, Finance Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Monthly Investment Activity Report-10.31.22
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CITY OF CAMPBELL
Monthly Investment Transactions Report
October 1 to October 31, 2022
Account Trans. Date October 2022
LAIF - ******137
Average Monthly Yield 1.772%
Beginning Balance 65,085,975$
Transactions
Withdrawal 10/12/2022 (350,000)
Quarterly interest 10/14/2022 236,783
Deposit 10/14/2022 750,000
Deposit 10/25/2022 800,000
Withdrawal 10/26/2022 (900,000)
Monthly Total 536,783
Ending Balance 65,622,758$
Account Trans. Date October 2022
Bank of New York (BNY) - ******818
Beginning Balance 23,999,860$
Transactions
Monthly Total -
Ending Balance 23,999,860$
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Attachment: Monthly Investment Activity Report-10.31.22 (Monthly Investment Transactions Report (October 2022))
City
Council
Report
TITLE: Community Facilities District No. 1 Report Fiscal Year (FY) 2021-22
RECOMMENDED ACTION
That the City Council note and file the Annual Bond Accountability Report for the City’s Community Facilities District No. 1 (“CFD”) for Fiscal Year ending June 30, 2022, as mandated by the California Government Code Sections 53411 and 50075.3.
BACKGROUND
Senate Bill (SB) 165 enacted by the Local Agency Special Tax Bon d Accountability Act requires the annual preparation of a report containing specific information concerning the use of the proceeds for annual special taxes for Community Facilities Districts ( CFDs).
The Act only applies to CFD bonds issued on or after Ja nuary 1, 2001, in accordance with Section 53410 of the California Government Code.
Section 53411 and 50075.3 of the California Government Code requires the Chief Financial Officer of the issuing local agency to file the annual report with its governing body. The report will be on file in the City Clerk’s Office for review by the public upon request.
The report and accompanying Attachment A will help to ensure compliance with Sections 53410, 53411 and 50075.3 of the California Government Code for Campbe ll Community Facilities District (CFD) No. 1 in FY 2021-22.
DISCUSSION
On October 2, 2012, the City Council provided its final approval for the annexation of the Cambrian 36 and Central Park neighborhoods in the City of Campbell, which concluded a process that began many years prior. Also approved at the same meeting was a resolution of intention to form a CFD under the Mello-Roos Community Facilities District Act of 1982 to provide a mechanism for the newly annexed residents to help pay for some of the costs to provide service to this area. The CFD No. 1 tax levy was approved by those in the CFD No. 1 territory on April 16, 2013 by approximately
90.35%. Appendix A of the attached Annual Report shows the boundary areas of CFD No. 1. CFD No. 1 was officially established in 2013 and provides funding for the following services. The services include all related administrative costs, expenses, and related reserves for replacement of vehicles, equipment and facilities:
Item: 10
Category: CONSENT CALENDAR
Meeting Date: December 6, 2022
10 Packet Pg. 43
Community Facilities District #1 Report FY 2021-22 Page 2 of 4
• Fire Services - suppression and prevention, rescue services and equipment, land and buildings, cost of personnel and professional contract services and services related thereto.
• Law Enforcement - public protection and equipment, land and buildings, cost of personnel and professional contract services and services related thereto. • Flood and Storm Protection – operation and maintenance of storm drainage systems, cost of personnel and professional contract services and services related thereto.
• Street Maintenance - periodic maintenance and service of streets within the District, including street sweeping, cost of personnel and professional contract services and services related thereto.
• Recreation Programs – recreation program services, operation and maintenance of museums and other cultural facili ties, cost of personnel and professional contract services and services related thereto.
The special tax shall be levied until June 2053 and began with FY 2013-14. There are two special tax rates for the district that are applied to two types of property, which shall not increase year over year per the Rate and Method of Apportionment (RMA):
• Single Family Detached Property types shall be levied a special tax at a rate of $325.00 per unit.
• Non-Residential Property types shall be levied a special tax at a r ate of $600.00 per parcel.
The total maximum annual tax levy may not exceed $450,000 for all parcels within CFD No. 1. At this time though, with 407 Single Family Detached parcels and 23 Non- Residential Parcels , the total annual tax levy is only $146, 075. If additional parcels were added to CFD No. 1 in the future, causing the total annual levy to exceed $450,000, the assessment rate per parcel would be decreased to a level necessary to equal $450,000.
FISCAL IMPACT
The FY 2021-22 special tax levy for CFD No. 1 consisted of 430 parcels for a total of $146,075. Pursuant to the CFD’s RMA, NBS (the City’s CFD No. 1 Administrator) levied all taxable parcels at 100% of their respective maximum annual special tax. As of June 30, 2022, the delinquency rate fo r FY 2021-22 was 1.76% or $2,575. NBS will continue to monitor delinquencies to help ensure timely collection of funds.
Table 1 below provides a summary of revenues and expenditures for CFD No. 1 in FY 2021-22:
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Community Facilities District #1 Report FY 2021-22 Page 3 of 4 Table 1 –CFD No. 1 Summary for FY Ended 06/30/2022
District 07/01/2021
Balance*
Collections &
Misc. Revenue**
Expenditures
***
06/30/2022
Balance
Status
CFD # 1 $4,614 $145,411 $146,651 $3,374 Ongoing
*Balance includes Accumulated Investment Income shown in City Financial Statements. **Revenue accounts for collections, delinquencies, and investment income. ***Expenditures reflect what is recorded against CFD#1 Fund in City Financial Statements.
Table 2 below provides further detail on expenditures within CFD No. 1 for the FY 2021- 22:
Table 2 –CFD No. 1 Expenditures for FY Ended 06/30/2022 Service Type Expenditures
Fire $238,743.92
Police 188,320.58
Street Maintenance 80,000.00
General Administrative Costs 14,999.99
Delinquency Management 0.00
Contribution from Other Sources**** (375,989.79
TOTAL: $146,075.00
**** Represents the City’s contribution to the FY 202 1-22 levy to provide Services at levels desired by the community without exceeding 100% of the CFD’s Maximum Special Tax. The CFD No. 1 Tax Levy does not currently cover all asso ciated service costs and the remainder are funded by other City funding sources.
All revenues and expenditures summarized above were realized in FY 202 1-22 under Fund 236 (CFD No. 1). As of the end of FY 2021-22, Fund 236 has an ending balance of $3,374 and this mainly represents accumulated investment income. Fund Balances are used for both operating and capital reserves, and may accumulate over time to cover unexpected expenses that may arise and to assist with cash flow needs. Estimated revenues and budgetary appropriations have been included in the FY 202 2-23 Adopted Budget and no adjustments are requested at this time.
Prepared by:
Will Fuentes, Finance Director
10 Packet Pg. 45
Community Facilities District #1 Report FY 2021-22 Page 4 of 4 Attachment:
a. CFD #1 Annual Report FY 2021-22
10 Packet Pg. 46
Approved by:
Brian Loventhal, City Manager
Fiscal Year 2021/22 Annual Report for:
Community Facilities District No. 1
December 2022
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22)
TABLE OF CONTENTS
District Summary ................................................................................................................... 1
1. SB 165: Local Agency Special Tax and Bond Accountability Act ........................................ 2
2. Special Tax Analysis ........................................................................................................ 3
2.1 Levy Summary ........................................................................................................... 3
2.2 Special Tax Rates ....................................................................................................... 4
2.3 Special Tax Rate Comparison .................................................................................... 4 Appendix A. District Boundary ............................................................................................... A Appendix B. Rate And Method Of Apportionment .................................................................. B Appendix C. Delinquency Summary Report ............................................................................ C Appendix D. Final Billing Detail Report .................................................................................. D
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22)
City of Campbell
Fiscal Year 2022/23 Annual Report – Community Facilities District No. 1 1
DISTRICT SUMMARY
The City of Campbell (the “City”) established the Community Facilities District No. 1 (the “District”) in 2013 to provide funding for the following services, including all related administrative costs, expenses, and related reserves for replacement of vehicles, equipment, and facilities.
Fire Services – suppression and prevention, rescue services and equipment, land and buildings, cost of personnel and professional contract services and services related thereto.
Law Enforcement – public protection and equipment, land and buildings, cost of personnel and professional contract services and services related thereto.
Flood and Storm Protection – operation and maintenance of storm drainage systems, cost of personnel and professional contract services and services related thereto.
Street Maintenance – periodic maintenance and service of streets within the District, including street sweeping, cost of personnel and professional contract services and services related thereto.
Recreation Programs – recreation program services, operation and maintenance of museums and other cultural facilities, cost of personnel and professional contract services and services related thereto.
The Special Tax may be levied through the 2052/53 Fiscal Year, beginning with the 2013/14 Fiscal Year.
There are two special tax rates for the District that are applied to two types of property, which will not increase year over year per the Rate and Method of Apportionment (RMA):
Single Family Detached Property types may be levied a Special Tax at a rate of $325.00 per unit. Non-Residential Property types may be levied a Special Tax at a rate of $600.00 per parcel.
Levy
The following table provides a summary of the Fiscal Year 2022/23 final levy amount.
Land Use Classification
Parcel
Count
FY 2022/23
Levy
Non-Residential 23 $13,800.00
Single-Family 407 132,275.00
Totals: 430 $146,075.00
Delinquencies
As of June 30, 2022, the Fiscal Year 2021/22 delinquency rate for the District is 1.76%, totaling $2,575.00.
Please refer to Appendix C for detailed information.
NBS
Adina McCargo, Administrator
Amanda Welker, Project Manager
Tim Seufert, Client Services Director
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22)
City of Campbell
Fiscal Year 2022/23 Annual Report – Community Facilities District No. 1 2
1. SB 165: LOCAL AGENCY SPECIAL TAX AND BOND
ACCOUNTABILITY ACT
Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”). This Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001, in accordance with Section 50075.1 or Section 53410 of the California Government Code.
Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Sections 50075.3 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:
1. The amount of funds collected and expended.
2. The status of any project required or authorized to be funded as identified in subdivision (a) of Sections 50075.1.”
The requirements of the Act apply to the Funds for the following:
City of Campbell
Community Facilities District No. 1
Purpose of Special Tax
The City of Campbell CFD No. 1 collects special taxes to fund services including all related administrative costs, expenses, and related reserves for replacement of vehicles, equipment, and facilities, as well as fire, law enforcement, flood and storm protection, street maintenance, and recreation program services.
The services funded by the Special Tax are ongoing on an annual basis.
Collections and Expenditures
Fund Name
Amount
Collected
Amount
Expended
06/30/2022
Balance
Special Tax Fund $144,100.00 $144,100.00 $0.00
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22)
City of Campbell
Fiscal Year 2022/23 Annual Report – Community Facilities District No. 1 3
2. SPECIAL TAX ANALYSIS
2.1 Levy Summary
A summary of the levy for Fiscal Year 2022/23 is shown in the table and chart below.
Description Amount
Fire $238,743.92
Police 188,320.58
Street Maintenance 80,000.00
Administrative Fees/Expenses (1) 14,999.99
Total Budget $522,064.49
Levy Credit (2) (375,989.49)
Total Special Tax Levy Amount: $146,075.00
Levied Parcel Count 430
(1) Includes County collection fees and installment rounding for tax roll purposes. (2) Represents the City’s contribution to the Fiscal Year 2022/23 levy to provide Services at levels desired by the community without exceeding 100% of the CFD’s Maximum Special Tax.
Fire46%Police36%Street Maintenance15%Administrative Fees/Expenses3%FISCAL YEAR 2022/23 BUDGET
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22)
City of Campbell
Fiscal Year 2022/23 Annual Report – Community Facilities District No. 1 4
2.2 Special Tax Rates
The Fiscal Year 2022/23 applied rates and special tax levy are shown in the table below.
Land Use Classification
Parcel
Count
FY 2022/23
Maximum
Tax Rate(1)
FY 2022/23
Applied
Tax Rate
Total FY 2022/23
Special Tax Levy
Non-Residential 23 $600.00 $600.00 $13,800.00
Single-Family 407 325.00 325.00 132,275.00
Totals: 430 $146,075.00
(1) The maximum special tax rate does not change as there is no annual inflator.
2.3 Special Tax Rate Comparison
The Fiscal Year 2022/23 applied tax rates compared to the prior year are shown below.
Land Use Classification
Parcel
Count
FY 2021/22
Applied
Tax Rate
FY 2022/23
Applied
Tax Rate
% Change in
Applied Tax Rate (1)
Non-Residential 23 $600.00 $600.00 0.0%
Single-Family 407 325.00 325.00 0.0%
(1) Represents the change between the current and prior year applied tax rates.
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22)
City of Campbell
Fiscal Year 2022/23 Annual Report – Community Facilities District No. 1 A APPENDIX A. DISTRICT BOUNDARY
The following pages show the Boundary Maps for Community Facilities District No. 1.
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22)
MAP OF PROPOSED BOUNDARIES
OF THE CITY OF CAMPBELL
COMMUNITY FACILITES DISTRICT NO. 1
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CAMPBELL THIS _____ DAY OF __________, 2012.
_______________
CITY CLERK
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF THE CITY OF CAMPBELL COMMUNITY FACILITIES DISTRICT NO. 1, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CAMPBELL, AT A MEETING THEREOF, HELD ON THE _____ DAY OF __________, 2012, BY ITS RESOLUTION NO._____.
_______________
CITY CLERK
FILED THIS _____ DAY OF __________, 2012, AT THE HOUR OF _____ O'CLOCK __.M., IN BOOK _____ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE _____ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA.
_____________
COUNTY RECORDER,
COUNTY OF SANTA CLARA
FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS,
REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA.
COUNTY OF SANTA CLARA
STATE OF CALIFORNIA
41228049
UNION
APRICOT
¡0 0.02 0.04 0.06 0.080.01
Miles
Legend
Parcel Within Boundary of CFD No. 1
Streets
Parcels
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22) ANNEXATION MAP NO. 1
OF THE CITY OF CAMPBELL
COMMUNITY FACILITES DISTRICT NO. 1
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CAMPBELL THIS _____ DAY OF __________, 20__.
_______________
CITY CLERK
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF ANNEXATION NO. 1 TO THE CITY OF CAMPBELL COMMUNITY FACILITIES DISTRICT NO. 1, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, WAS APPROVED BY THE
CITY COUNCIL OF THE CITY OF CAMPBELL, AT A MEETING THEREOF, HELD ON THE _____ DAY OF __________, 20__, BY ITS RESOLUTION NO._____. _______________
CITY CLERK
FILED THIS _____ DAY OF __________, 20__, AT THE HOUR OF _____ O'CLOCK __.M., IN BOOK _____ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, AT PAGE _____ IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA.
_____________
COUNTY RECORDER,
COUNTY OF SANTA CLARA
FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS,
REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA.
REFERENCE IS HEREBY MADE TO THAT CERTAIN MAP ENTITLED "MAP OF
PROPOSED BOUNDARIES OF THE CITY OF CAMPBELL COMMUNITY FACILITIES DISTRICT NO. 1" COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, FILED THE ___ DAY OF ___________, 20__, AT THE HOUR OF ____ O'CLOCK _M IN BOOK __ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE __, (DOCUMENT NO. _____________) IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, WHICH THIS ANNEXATION MAP AFFECTS.
COUNTY OF SANTA CLARA
STATE OF CALIFORNIA
BASCOM
CURTNER
CAMDEN
ERIN
M
CGLINCEY
UNION
SHAMROCK
CAMBRIAN
SALERNO
DALLAS
HW
Y-17
CENTRAL-PARK
JOSEPH
OLYMPIA
NORMANDY
SHARP
GRIFFITH
HOFFM
AN
SW
EETBRIAR
W
HITE OAKS
PARSONS
NB17 ONRM
P FR. W
B CAM
DEN
REGAS
LOIS
CAM
PBALL TECHNOLOGY PKW
Y
NORM
AN
NB17 ONRM
P FR.EB STEX
PARKDALE
ANGELO
STANFIELD
TOMASINA
SW
EETBRIAR
¡0 0.075 0.15 0.225 0.30.0375
Miles
Legend
City Streets
Parcel Lines
Annexation Boundary
Annexation Parcels
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22)
City of Campbell
Fiscal Year 2022/23 Annual Report – Community Facilities District No. 1 B APPENDIX B. RATE AND METHOD OF APPORTIONMENT
The following pages show the Rate and Method of Apportionment of the Special Tax.
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22)
CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22)
CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 1
CFD No. 1 Page 1 9/28/2012
A Special Tax shall be levied and collected in City of Campbell Community Facilities District No. 1 (the “District”) each Fiscal Year, in an amount determined by the application of the procedures described below. All of the real property in the District, unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
I. DEFINITIONS
The terms used herein shall have the following meanings:
“Acreage” or “Acre” means that acreage shown on the Assessor’s Parcel Map or in the Assessor’s Data for each Assessor’s Parcel. In the event that the Assessor’s Parcel Map or Assessor’s Data shows no acreage, the Acreage for any Assessor’s Parcel shall be determined by the District Administrator based upon the applicable condominium plan, final map or parcel map. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Act of the State of California. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of the District: the costs of computing the Annual Special Tax Requirement and the annual Special Tax and of preparing the annual Special Tax collection schedules; the costs of collecting the Special Taxes ; the costs of the City or designee in complying with the disclosure requirements of applicable federal and state securities laws and the California Government Code (including the Act), including public inquiri es regarding the Special Taxes ; the costs of the City or designee related to an appeal of the Special Tax; the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes in the District; the costs of the Cit y (including its legal counsel) related to the administration of any letter of credit or other security provided for the payment of Special Taxes, and any fees or expenses related to any such letters of credit. Administrative Expenses shall also include a mounts advanced by the City for any administrative purposes of the District and an allocable share of the salaries and an allocable portion of City overhead costs relating to the foregoing . “Annual Services Costs” means the amounts required to fund services listed on Exhibit A. “Annual Special Tax Requirement” means (A) that amount with respect to the District determined by the Council or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) the Annual Services Costs, (3) any amount required to replenish any reserve fund established in connection with the District, (4) reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year, and (B) less available funds. “Assessor’s Data” means Acreage or other Parcel information contained in the records of the County Assessor.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel number.
“City” means the City of Campbell, County of Santa Clara. “Council” means the City Council of the City, acting as the legislative body of the District. “County” means the County of Santa Clara, California.
"Developed Property" means, for each Fiscal Year, all Taxable Property, for which a building permit was issued prior to the June 1 preceding the Fiscal Year for which the Special Tax is being levied.
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22)
CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 1
CFD No. 1 Page 2 9/28/2012
“District” means the City of Campbell Community Facilities District No. 1. “District Administrator” means an official of the City, or designee or agent or consultant, responsible for determining the Annual Special Tax Requirement and providing for the levy and collection of Special Taxes each Fiscal Year.
“Exempt Property” means all property located within the boundaries of the District which is exempt from the Special Tax pursuant to Section V below.
“Finance Director” means the official of the City who is the chief financial officer or other comparable officer of the City or designee thereof.
“Fiscal Year ” means the period from July 1 st of any calendar year through June 30 th of the following calendar year.
“Maximum Special Tax Rate” means the maximum Special Tax authorized for levy in any Fiscal Year that may apply to Taxable Property as described in Section III. “Non-Residential Property” means all property other than Single Family Detached Property or Public Property.
“Parcel” means a lot or parcel with a parcel number assigned by the assessor of the County. “Proportionately” means that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax Rate authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels. “Public Property” means property within the boundaries of the District owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public or private road right -of-way has been granted to the federal government, the State of California, the Count y, the City, or any local government or other public agency.
“Single Family Detached Property” means all parcels of Developed Property with a single residential structure on a single parcel where the dwelling unit does not share a common wall with another unit. “Special Tax” means the amount levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Annual Special Tax Requirement.
“Taxable Property” means all property located within the boundaries of the District which is not exempt from the Special Tax pursuant to Section V below.
“Unit” means, for Single Family Detached Property, an individual single family residential unit..
II. DETERMINATION OF TAXABLE PARCELS
On July 1 of each Fiscal Year, the District Administrator shall determine the valid Assessor’s Parcel Numbers for the current Fiscal Year for all property within the District . If any Parcel numbers are no longer valid from the previous Fiscal Year , the District Administrator shall determine the new Parcel number or numbers that are in effect for the current Fiscal Year. To the extent a Parcel or Parcels are subdivided, consolidated or otherwise reconfigured, the Special Tax rates shall be assigned to the new Assessor’s Parcels pursuant to Section III.
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22)
CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 1
CFD No. 1 Page 3 9/28/2012
III. ANNUAL SPECIAL TAX - METHOD OF APPORTIONMENT
All property shall be subject to a Special Tax defined as follows, except as provided in Section V.
The Special Tax shall be levied each Fiscal Year by the District Administrator. The Annual Special Tax Requirement shall be apportioned to each parcel within the District by the method shown below.
First. Determine the Annual Special Tax Requirement.
Second. Levy the Special Tax on each Parcel of Taxable Property Proportionately, up to the Maximum Special Tax R ate described in Table 1 to satisfy the Annual Special Tax Requirement.
TABLE 1
MAXIMUM SPECIAL TAX RATES
Property Type Rate Per
Single Family Detached Property $325.00 Unit
Non-Residential Property 600.00 Parcel
The above rates shown in Table 1 are effective for the 2013/14 Fiscal Year and shall not increase.
IV. FORMULA FOR PREPAYMENT OF SPECIAL TAX OBLIGATIONS
The Special Tax may not be prepaid.
V. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Taxes shall be levied on Public Property, except as otherwise provided in this Section. Any property acquired by a public entity for non-public use development shall be subject to the Special Tax. Until such time as another Parcel is annexed to the District, Assessor’s Parcel No. 412 -28-049 shall be considered Taxable Property. Upon annexation of another Parcel to the District, Assessor’s Parcel No. 4 12-28-049 will no longer be subject to the Special Tax. The City expects to add additional properties to the District as a result of annexation proceedings.
VI. INTERPRETATION OF RATE AND METHOD OF APPORTIONMENT
The Council reserves the right to make mino r administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Maximum Special Tax Rates. In addition, the interpretation and application of any section of this document shall be at the Council’s discretion.
VII. MANNER AND DURATION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided tha t the City may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if needed to meet the financial obligations of the District, and may collect delinquent Special Taxes through foreclosure or other available methods.
A Special Tax shall continue to be levied and collected wit hin the District to fund the Annual Special Tax Requirement for a forty year term, beginning with the 2013/14 Fiscal Year through and including the 2052/53 Fiscal Year.
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22)
CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 1
CFD No. 1 Page 4 9/28/2012
EXHIBIT “A”
The City of Campbell Community Facilities District No. 1 will levy an Annual Special Tax for the purposes of providing funding for the following services. The services include all related administrative costs, expenses and related reserves for replacement of vehicles, equipment and facilities :
Fire Services - suppression and prevention, rescue services and equipment, land and buildings, cost of personnel and professional contract services and services related thereto .
Law Enforcement - public protection and equipment, land and buildings, cost of personnel and professional contract services and services related thereto.
Flood and Storm Protection – operation and maintenance of storm drainage systems, cost of personnel and professional contract services and services related thereto.
Street Maintenance - periodic maintenance and service of streets within the District, including street sweeping, cost of personnel and professional contract services and services related thereto.
Recreation Programs – recreation program services, operation and maintenance of museums and other cultural facilities, cost of personnel and professional contract services and services related thereto.
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22)
City of Campbell
Fiscal Year 2022/23 Annual Report – Community Facilities District No. 1 C APPENDIX C. DELINQUENCY SUMMARY REPORT
The following pages show the current Delinquency Summary Report.
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22) City of Campbell
Delinquency Summary Report
As of: 06/30/2022
Delinquent
Amount %
Billed
Installments
Paid
Installments
Delinquent
Installments
Delinquent
Installments %Due DateDistrict
Billed
Amount
Paid
Amount
Delinquent
Amount
CFD No. 1 - Community Facilities District No. 1
08/01/2013 Billing:
12/10/2013 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% 04/10/2014 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% Subtotal: $145,700.00 $145,700.00 $0.00 0.00% 856 856 0 0.00% 08/01/2014 Billing:
12/10/2014 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% 04/10/2015 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% Subtotal: $145,700.00 $145,700.00 $0.00 0.00% 856 856 0 0.00% 08/01/2015 Billing:
12/10/2015 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% 04/10/2016 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% Subtotal: $145,700.00 $145,700.00 $0.00 0.00% 856 856 0 0.00% 08/01/2016 Billing:
12/10/2016 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% 04/10/2017 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% Subtotal: $145,700.00 $145,700.00 $0.00 0.00% 856 856 0 0.00% 08/01/2017 Billing:
12/10/2017 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% 04/10/2018 $72,850.00 $72,850.00 $0.00 0.00% 428 428 0 0.00% Subtotal: $145,700.00 $145,700.00 $0.00 0.00% 856 856 0 0.00% 08/01/2018 Billing:
12/10/2018 $73,175.00 $73,175.00 $0.00 0.00% 430 430 0 0.00% 04/10/2019 $73,175.00 $73,175.00 $0.00 0.00% 430 430 0 0.00% Subtotal: $146,350.00 $146,350.00 $0.00 0.00% 860 860 0 0.00% 08/01/2019 Billing:
12/10/2019 $73,175.00 $73,175.00 $0.00 0.00% 430 430 0 0.00% 04/10/2020 $73,175.00 $73,175.00 $0.00 0.00% 430 430 0 0.00% Subtotal: $146,350.00 $146,350.00 $0.00 0.00% 860 860 0 0.00%
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22) City of Campbell
Delinquency Summary Report
As of: 06/30/2022
Delinquent
Amount %
Billed
Installments
Paid
Installments
Delinquent
Installments
Delinquent
Installments %Due DateDistrict
Billed
Amount
Paid
Amount
Delinquent
Amount
CFD No. 1 - Community Facilities District No. 1
08/01/2020 Billing:
12/10/2020 $73,175.00 $73,175.00 $0.00 0.00% 430 430 0 0.00% 04/10/2021 $73,175.00 $72,850.00 $325.00 0.44% 430 428 2 0.47% Subtotal: $146,350.00 $146,025.00 $325.00 0.22% 860 858 2 0.23% 08/01/2021 Billing:
12/10/2021 $73,175.00 $73,012.50 $162.50 0.22% 430 429 1 0.23% 04/10/2022 $73,175.00 $70,762.50 $2,412.50 3.30% 430 416 14 3.26% Subtotal: $146,350.00 $143,775.00 $2,575.00 1.76% 860 845 15 1.74% CFD No. 1 Total: $1,313,900.00 $1,311,000.00 $2,900.00 0.22% 7,720 7,703 17 0.22% Agency Grand Total: $1,313,900.00 $1,311,000.00 $2,900.00 0.22% 7,720 7,703 17 0.22%
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22)
City of Campbell
Fiscal Year 2022/23 Annual Report – Community Facilities District No. 1 D APPENDIX D. FINAL BILLING DETAIL REPORT
The following pages show the Final Billing Detail Report for Fiscal Year 2022/23.
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2022/23
Assessor's Parcel
Number Property Address Land Use Classification Fiscal Year 2022/23 Levy 412-24-015 Non-Residential Property $600.00
412-24-016 780 UNION AVE Single Family Detached Prop 325.00 412-24-017 760 UNION AVE Single Family Detached Prop 325.00 412-24-018 740 UNION AVE Single Family Detached Prop 325.00 412-24-019 720 UNION AVE Single Family Detached Prop 325.00 412-37-001 725 UNION AVE Single Family Detached Prop 325.00 412-37-003 761 UNION AVE Single Family Detached Prop 325.00 412-37-005 785 UNION AVE Single Family Detached Prop 325.00 412-37-006 805 CAMBRIAN DR Single Family Detached Prop 325.00 412-37-007 803 CAMBRIAN DR Single Family Detached Prop 325.00 412-37-008 787 CAMBRIAN DR Single Family Detached Prop 325.00 412-37-010 743 BRIARWOOD WAY Single Family Detached Prop 325.00 412-37-011 751 BRIARWOOD WAY Single Family Detached Prop 325.00 412-37-012 755 BRIARWOOD WAY Single Family Detached Prop 325.00 412-37-013 741 CAMBRIAN DR Single Family Detached Prop 325.00 412-37-014 715 CAMBRIAN DR Single Family Detached Prop 325.00 412-37-015 699 CAMBRIAN DR Single Family Detached Prop 325.00 412-37-016 679 CAMBRIAN DR Single Family Detached Prop 325.00 412-37-019 621 CAMBRIAN DR Single Family Detached Prop 325.00 412-37-020 603 CAMBRIAN DR Single Family Detached Prop 325.00 412-37-021 2542 SWEETBRIAR DR Single Family Detached Prop 325.00 412-37-022 2230 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-023 2228 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-024 2226 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-025 2224 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-026 2222 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-027 2220 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-028 2218 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-029 2216 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-030 2214 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-031 2212 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-032 2210 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-033 2208 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-034 2206 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-035 2204 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-036 2202 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-037 2198 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-038 2196 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-039 2194 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-056 2217 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-057 2221 CENTRAL PARK DR Single Family Detached Prop 325.00 Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2022/23
Assessor's Parcel
Number Property Address Land Use Classification Fiscal Year 2022/23 Levy 412-37-064 2227 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-065 2229 CENTRAL PARK DR Single Family Detached Prop 325.00 412-37-069 641 CAMBRIAN DR Single Family Detached Prop 325.00 412-37-070 661 CAMBRIAN DR Single Family Detached Prop 325.00 412-37-071 773 UNION AVE Single Family Detached Prop 325.00 412-37-073 741 UNION AVE Single Family Detached Prop 325.00 412-37-074 738 BRIARWOOD WAY Single Family Detached Prop 325.00 412-37-075 736 BRIARWOOD WAY Single Family Detached Prop 325.00 412-37-076 734 BRIARWOOD WAY Single Family Detached Prop 325.00 412-38-001 2293 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-002 2285 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-003 2281 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-004 2275 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-005 2271 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-006 2267 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-007 2261 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-008 2255 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-009 2585 OAK PARK LN Single Family Detached Prop 325.00 412-38-010 2575 OAK PARK LN Single Family Detached Prop 325.00 412-38-011 2567 OAK PARK LN Single Family Detached Prop 325.00 412-38-012 2555 OAK PARK LN Single Family Detached Prop 325.00 412-38-013 2545 OAK PARK LN Single Family Detached Prop 325.00 412-38-014 2535 OAK PARK LN Single Family Detached Prop 325.00 412-38-015 2264 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-016 2268 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-017 2274 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-018 2276 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-019 2278 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-020 2280 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-021 2282 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-022 2284 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-023 2286 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-024 2288 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-025 2590 OAK PARK LN Single Family Detached Prop 325.00 412-38-026 2594 OAK PARK LN Single Family Detached Prop 325.00 412-38-027 2598 OAK PARK LN Single Family Detached Prop 325.00 412-38-028 2250 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-029 2254 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-030 2258 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-031 2262 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-032 2268 HIGHLAND PARK LN Single Family Detached Prop 325.00 Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2022/23
Assessor's Parcel
Number Property Address Land Use Classification Fiscal Year 2022/23 Levy 412-38-033 2272 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-034 2276 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-035 2282 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-036 2286 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-037 2290 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-038 2294 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-039 2298 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-040 2302 HIGHLAND PARK LN Single Family Detached Prop 325.00 412-38-041 2303 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-042 2301 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-043 2297 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-044 2293 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-045 2291 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-046 2287 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-047 2285 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-048 2281 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-049 2279 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-050 2275 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-051 2273 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-052 2269 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-053 2265 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-054 2263 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-055 2261 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-056 2257 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-057 2253 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-058 2249 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-059 2245 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-060 2540 OAK PARK LN Single Family Detached Prop 325.00 412-38-061 2550 OAK PARK LN Single Family Detached Prop 325.00 412-38-062 2560 OAK PARK LN Single Family Detached Prop 325.00 412-38-063 2570 OAK PARK LN Single Family Detached Prop 325.00 412-38-067 2233 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-068 2237 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-075 2243 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-076 2244 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-077 2242 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-078 2240 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-079 2238 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-080 2236 CENTRAL PARK DR Single Family Detached Prop 325.00 412-38-081 2541 SWEETBRIAR DR Single Family Detached Prop 325.00 412-38-082 577 CAMBRIAN DR Single Family Detached Prop 325.00 Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2022/23
Assessor's Parcel
Number Property Address Land Use Classification Fiscal Year 2022/23 Levy 412-38-083 565 CAMBRIAN DR Single Family Detached Prop 325.00 412-38-084 551 CAMBRIAN DR Single Family Detached Prop 325.00 412-38-085 535 CAMBRIAN DR Single Family Detached Prop 325.00 412-38-086 521 CAMBRIAN DR Single Family Detached Prop 325.00 412-39-001 520 CAMBRIAN DR Single Family Detached Prop 325.00 412-39-002 865 STONEHURST WAY Single Family Detached Prop 325.00 412-39-003 881 STONEHURST WAY Single Family Detached Prop 325.00 412-39-004 893 STONEHURST WAY Single Family Detached Prop 325.00 412-39-005 905 STONEHURST WAY Single Family Detached Prop 325.00 412-39-006 501 DALLAS DR Single Family Detached Prop 325.00 412-39-007 481 DALLAS DR Single Family Detached Prop 325.00 412-39-008 463 DALLAS DR Single Family Detached Prop 325.00 412-39-009 449 DALLAS DR Single Family Detached Prop 325.00 412-39-010 431 DALLAS DR Single Family Detached Prop 325.00 412-39-011 425 DALLAS DR Single Family Detached Prop 325.00 412-39-012 415 DALLAS DR Single Family Detached Prop 325.00 412-39-013 401 DALLAS DR Single Family Detached Prop 325.00 412-39-014 385 DALLAS DR Single Family Detached Prop 325.00 412-39-015 367 DALLAS DR Single Family Detached Prop 325.00 412-39-016 351 DALLAS DR Single Family Detached Prop 325.00 412-39-017 341 DALLAS DR Single Family Detached Prop 325.00 412-39-018 329 DALLAS DR Single Family Detached Prop 325.00 412-39-019 321 DALLAS DR Single Family Detached Prop 325.00 412-39-020 311 DALLAS DR Single Family Detached Prop 325.00 412-39-021 299 DALLAS DR Single Family Detached Prop 325.00 412-39-022 291 DALLAS DR Single Family Detached Prop 325.00 412-39-023 281 DALLAS DR Single Family Detached Prop 325.00 412-39-024 271 DALLAS DR Single Family Detached Prop 325.00 412-39-027 251 CURTNER AVE Single Family Detached Prop 325.00 412-39-028 280 DALLAS DR Single Family Detached Prop 325.00 412-39-029 300 DALLAS DR Single Family Detached Prop 325.00 412-39-030 320 DALLAS DR Single Family Detached Prop 325.00 412-39-031 348 DALLAS DR Single Family Detached Prop 325.00 412-39-032 933 NORIN CT Single Family Detached Prop 325.00 412-39-033 945 NORIN CT Single Family Detached Prop 325.00 412-39-034 955 NORIN CT Single Family Detached Prop 325.00 412-39-035 965 NORIN CT Single Family Detached Prop 325.00 412-39-036 966 NORIN CT Single Family Detached Prop 325.00 412-39-037 956 NORIN CT Single Family Detached Prop 325.00 412-39-038 946 NORIN CT Single Family Detached Prop 325.00 412-39-039 400 DALLAS DR Single Family Detached Prop 325.00 Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2022/23
Assessor's Parcel
Number Property Address Land Use Classification Fiscal Year 2022/23 Levy 412-39-040 426 DALLAS DR Single Family Detached Prop 325.00 412-39-041 945 SALERNO DR Single Family Detached Prop 325.00 412-39-042 955 SALERNO DR Single Family Detached Prop 325.00 412-39-043 967 SALERNO DR Single Family Detached Prop 325.00 412-39-044 985 SALERNO DR Single Family Detached Prop 325.00 412-39-045 417 CURTNER AVE Single Family Detached Prop 325.00 412-39-046 405 CURTNER AVE Single Family Detached Prop 325.00 412-39-047 391 CURTNER AVE Single Family Detached Prop 325.00 412-39-048 375 CURTNER AVE Single Family Detached Prop 325.00 412-39-049 363 CURTNER AVE Single Family Detached Prop 325.00 412-39-050 349 CURTNER AVE Single Family Detached Prop 325.00 412-39-051 333 CURTNER AVE Single Family Detached Prop 325.00 412-39-052 260 DALLAS DR Single Family Detached Prop 325.00 412-39-053 261 DALLAS DR Single Family Detached Prop 325.00 412-39-054 281 CURTNER AVE Single Family Detached Prop 325.00 412-40-006 986 SALERNO DR Single Family Detached Prop 325.00 412-40-007 968 SALERNO DR Single Family Detached Prop 325.00 412-40-008 956 SALERNO DR Single Family Detached Prop 325.00 412-40-009 946 SALERNO DR Single Family Detached Prop 325.00 412-40-010 462 DALLAS DR Single Family Detached Prop 325.00 412-40-011 480 DALLAS DR Single Family Detached Prop 325.00 412-40-012 492 DALLAS DR Single Family Detached Prop 325.00 412-40-013 504 DALLAS DR Single Family Detached Prop 325.00 412-40-014 935 STONEHURST WAY Single Family Detached Prop 325.00 412-40-015 945 STONEHURST WAY Single Family Detached Prop 325.00 412-40-016 955 STONEHURST WAY Single Family Detached Prop 325.00 412-40-017 970 STONEHURST WAY Single Family Detached Prop 325.00 412-40-018 960 STONEHURST WAY Single Family Detached Prop 325.00 412-40-019 950 STONEHURST WAY Single Family Detached Prop 325.00 412-40-020 940 STONEHURST WAY Single Family Detached Prop 325.00 412-40-021 922 STONEHURST WAY Single Family Detached Prop 325.00 412-40-022 910 STONEHURST WAY Single Family Detached Prop 325.00 412-40-023 894 STONEHURST WAY Single Family Detached Prop 325.00 412-40-024 882 STONEHURST WAY Single Family Detached Prop 325.00 412-40-025 866 STONEHURST WAY Single Family Detached Prop 325.00 412-40-026 854 STONEHURST WAY Single Family Detached Prop 325.00 412-40-027 556 CAMBRIAN DR Single Family Detached Prop 325.00 412-40-028 835 SWEETBRIAR DR Single Family Detached Prop 325.00 412-40-029 851 SWEETBRIAR DR Single Family Detached Prop 325.00 412-40-030 863 SWEETBRIAR DR Single Family Detached Prop 325.00 412-40-031 879 SWEETBRIAR DR Single Family Detached Prop 325.00 Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2022/23
Assessor's Parcel
Number Property Address Land Use Classification Fiscal Year 2022/23 Levy 412-40-032 891 SWEETBRIAR DR Single Family Detached Prop 325.00 412-40-033 905 SWEETBRIAR DR Single Family Detached Prop 325.00 412-40-034 923 SWEETBRIAR DR Single Family Detached Prop 325.00 412-40-035 939 SWEETBRIAR DR Single Family Detached Prop 325.00 412-41-001 940 SWEETBRIAR DR Single Family Detached Prop 325.00 412-41-002 920 SWEETBRIAR DR Single Family Detached Prop 325.00 412-41-003 906 SWEETBRIAR DR Single Family Detached Prop 325.00 412-41-004 894 SWEETBRIAR DR Single Family Detached Prop 325.00 412-41-005 880 SWEETBRIAR DR Single Family Detached Prop 325.00 412-41-006 868 SWEETBRIAR DR Single Family Detached Prop 325.00 412-41-007 854 SWEETBRIAR DR Single Family Detached Prop 325.00 412-41-008 600 CAMBRIAN DR Single Family Detached Prop 325.00 412-41-009 626 CAMBRIAN DR Single Family Detached Prop 325.00 412-41-010 831 SYDNOR DR Single Family Detached Prop 325.00 412-41-011 857 SYDNOR DR Single Family Detached Prop 325.00 412-41-012 873 SYDNOR DR Single Family Detached Prop 325.00 412-41-013 880 SYDNOR DR Single Family Detached Prop 325.00 412-41-014 870 SYDNOR DR Single Family Detached Prop 325.00 412-41-015 856 SYDNOR DR Single Family Detached Prop 325.00 412-41-016 832 SYDNOR DR Single Family Detached Prop 325.00 412-41-017 680 CAMBRIAN DR Single Family Detached Prop 325.00 412-41-018 700 CAMBRIAN DR Single Family Detached Prop 325.00 412-41-019 716 CAMBRIAN DR Single Family Detached Prop 325.00 412-41-020 736 CAMBRIAN DR Single Family Detached Prop 325.00 412-41-021 815 BRIARWOOD WAY Single Family Detached Prop 325.00 412-41-022 853 BRIARWOOD WAY Single Family Detached Prop 325.00 412-41-023 865 BRIARWOOD WAY Single Family Detached Prop 325.00 412-41-024 867 BRIARWOOD WAY Single Family Detached Prop 325.00 412-41-025 866 BRIARWOOD WAY Single Family Detached Prop 325.00 412-41-026 864 BRIARWOOD WAY Single Family Detached Prop 325.00 412-41-027 854 BRIARWOOD WAY Single Family Detached Prop 325.00 412-41-028 832 BRIARWOOD WAY Single Family Detached Prop 325.00 412-41-029 786 CAMBRIAN DR Single Family Detached Prop 325.00 412-41-030 802 CAMBRIAN DR Single Family Detached Prop 325.00 412-41-031 816 CAMBRIAN DR Single Family Detached Prop 325.00 412-41-032 820 CAMBRIAN DR Single Family Detached Prop 325.00 412-41-033 2623 S BASCOM AVE Non-Residential Property 600.00 412-41-034 2633 S BASCOM AVE Non-Residential Property 600.00 412-41-036 815 UNION AVE Non-Residential Property 600.00 412-41-037 831 UNION AVE Non-Residential Property 600.00 412-41-038 835 UNION AVE Non-Residential Property 600.00 Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2022/23
Assessor's Parcel
Number Property Address Land Use Classification Fiscal Year 2022/23 Levy 412-41-039 2615 S BASCOM AVE Non-Residential Property 600.00 412-41-040 2623 S BASCOM AVE Non-Residential Property 600.00 412-41-041 2623 S BASCOM AVE Non-Residential Property 600.00 412-41-042 2633 S BASCOM AVE Non-Residential Property 600.00 412-42-008 950 SWEETBRIAR DR Single Family Detached Prop 325.00 414-01-002 1013 SHAMROCK DR Single Family Detached Prop 325.00 414-01-003 1025 SHAMROCK DR Single Family Detached Prop 325.00 414-01-004 1035 SHAMROCK DR Single Family Detached Prop 325.00 414-01-005 1047 SHAMROCK DR Single Family Detached Prop 325.00 414-01-006 1057 SHAMROCK DR Single Family Detached Prop 325.00 414-01-007 1061 SHAMROCK DR Single Family Detached Prop 325.00 414-01-008 1071 SHAMROCK DR Single Family Detached Prop 325.00 414-01-009 1081 SHAMROCK DR Single Family Detached Prop 325.00 414-01-010 1101 SHAMROCK DR Single Family Detached Prop 325.00 414-01-011 1113 SHAMROCK DR Single Family Detached Prop 325.00 414-01-012 1125 SHAMROCK DR Single Family Detached Prop 325.00 414-01-013 1131 SHAMROCK DR Single Family Detached Prop 325.00 414-01-014 1137 SHAMROCK DR Single Family Detached Prop 325.00 414-01-015 1145 SHAMROCK DR Single Family Detached Prop 325.00 414-01-016 1155 SHAMROCK DR Single Family Detached Prop 325.00 414-01-017 1169 SHAMROCK DR Single Family Detached Prop 325.00 414-01-018 1173 SHAMROCK DR Single Family Detached Prop 325.00 414-01-019 1181 SHAMROCK DR Single Family Detached Prop 325.00 414-01-020 1191 SHAMROCK DR Single Family Detached Prop 325.00 414-01-021 1211 SHAMROCK DR Single Family Detached Prop 325.00 414-01-022 1223 SHAMROCK DR Single Family Detached Prop 325.00 414-01-023 1235 SHAMROCK DR Single Family Detached Prop 325.00 414-01-024 1370 CAMDEN AVE Non-Residential Property 600.00 414-01-025 1360 CAMDEN AVE Non-Residential Property 600.00 414-01-026 1350 CAMDEN AVE Non-Residential Property 600.00 414-01-027 1330 CAMDEN AVE Non-Residential Property 600.00 414-01-028 1300 CAMDEN AVE Non-Residential Property 600.00 414-01-037 306 CURTNER AVE Single Family Detached Prop 325.00 414-01-038 320 CURTNER AVE Single Family Detached Prop 325.00 414-01-041 1055 ERIN WAY Single Family Detached Prop 325.00 414-01-042 1067 ERIN WAY Single Family Detached Prop 325.00 414-01-043 1079 ERIN WAY Single Family Detached Prop 325.00 414-01-044 1091 ERIN WAY Single Family Detached Prop 325.00 414-01-045 1101 ERIN WAY Single Family Detached Prop 325.00 414-01-046 1113 ERIN WAY Single Family Detached Prop 325.00 414-01-047 1123 ERIN WAY Single Family Detached Prop 325.00 Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2022/23
Assessor's Parcel
Number Property Address Land Use Classification Fiscal Year 2022/23 Levy 414-01-048 1133 ERIN WAY Single Family Detached Prop 325.00 414-01-049 1141 ERIN WAY Single Family Detached Prop 325.00 414-01-050 1153 ERIN WAY Single Family Detached Prop 325.00 414-01-051 1179 ERIN WAY Single Family Detached Prop 325.00 414-01-052 1236 SHAMROCK DR Single Family Detached Prop 325.00 414-01-053 1206 SHAMROCK DR Single Family Detached Prop 325.00 414-01-054 1176 SHAMROCK DR Single Family Detached Prop 325.00 414-01-055 1162 SHAMROCK DR Single Family Detached Prop 325.00 414-01-056 1150 SHAMROCK DR Single Family Detached Prop 325.00 414-01-057 1128 SHAMROCK DR Single Family Detached Prop 325.00 414-01-058 1114 SHAMROCK DR Single Family Detached Prop 325.00 414-01-059 1102 SHAMROCK DR Single Family Detached Prop 325.00 414-01-060 1082 SHAMROCK DR Single Family Detached Prop 325.00 414-01-061 1070 SHAMROCK DR Single Family Detached Prop 325.00 414-01-062 1060 SHAMROCK DR Single Family Detached Prop 325.00 414-01-063 1058 SHAMROCK DR Single Family Detached Prop 325.00 414-01-064 1048 SHAMROCK DR Single Family Detached Prop 325.00 414-01-065 1034 SHAMROCK DR Single Family Detached Prop 325.00 414-01-066 1012 SHAMROCK DR Single Family Detached Prop 325.00 414-01-067 1035 ERIN WAY Single Family Detached Prop 325.00 414-01-068 1047 ERIN WAY Single Family Detached Prop 325.00 414-02-001 364 CURTNER AVE Single Family Detached Prop 325.00 414-02-002 378 CURTNER AVE Single Family Detached Prop 325.00 414-02-003 1015 NORMANDY DR Single Family Detached Prop 325.00 414-02-004 1031 NORMANDY DR Single Family Detached Prop 325.00 414-02-005 1045 NORMANDY DR Single Family Detached Prop 325.00 414-02-006 1055 NORMANDY DR Single Family Detached Prop 325.00 414-02-007 1067 NORMANDY DR Single Family Detached Prop 325.00 414-02-008 1081 NORMANDY DR Single Family Detached Prop 325.00 414-02-009 1093 NORMANDY DR Single Family Detached Prop 325.00 414-02-010 1107 NORMANDY DR Single Family Detached Prop 325.00 414-02-011 1123 NORMANDY DR Single Family Detached Prop 325.00 414-02-012 1135 NORMANDY DR Single Family Detached Prop 325.00 414-02-013 1151 NORMANDY DR Single Family Detached Prop 325.00 414-02-014 1161 NORMANDY DR Single Family Detached Prop 325.00 414-02-015 1185 NORMANDY DR Single Family Detached Prop 325.00 414-02-016 1197 NORMANDY DR Single Family Detached Prop 325.00 414-02-017 1205 NORMANDY DR Single Family Detached Prop 325.00 414-02-018 1206 ERIN WAY Single Family Detached Prop 325.00 414-02-019 1200 ERIN WAY Single Family Detached Prop 325.00 414-02-020 1190 ERIN WAY Single Family Detached Prop 325.00 Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2022/23
Assessor's Parcel
Number Property Address Land Use Classification Fiscal Year 2022/23 Levy 414-02-021 1176 ERIN WAY Single Family Detached Prop 325.00 414-02-022 1162 ERIN WAY Single Family Detached Prop 325.00 414-02-023 1156 ERIN WAY Single Family Detached Prop 325.00 414-02-024 1142 ERIN WAY Single Family Detached Prop 325.00 414-02-025 1132 ERIN WAY Single Family Detached Prop 325.00 414-02-026 1122 ERIN WAY Single Family Detached Prop 325.00 414-02-027 1108 ERIN WAY Single Family Detached Prop 325.00 414-02-028 1094 ERIN WAY Single Family Detached Prop 325.00 414-02-029 1080 ERIN WAY Single Family Detached Prop 325.00 414-02-030 1068 ERIN WAY Single Family Detached Prop 325.00 414-02-031 1056 ERIN WAY Single Family Detached Prop 325.00 414-02-032 1046 ERIN WAY Single Family Detached Prop 325.00 414-02-033 1034 ERIN WAY Single Family Detached Prop 325.00 414-02-034 1022 ERIN WAY Single Family Detached Prop 325.00 414-02-035 418 CURTNER AVE Single Family Detached Prop 325.00 414-02-036 428 CURTNER AVE Single Family Detached Prop 325.00 414-02-037 1017 SALERNO DR Single Family Detached Prop 325.00 414-02-038 1033 SALERNO DR Single Family Detached Prop 325.00 414-02-039 1045 SALERNO DR Single Family Detached Prop 325.00 414-02-040 1057 SALERNO DR Single Family Detached Prop 325.00 414-02-041 1067 SALERNO DR Single Family Detached Prop 325.00 414-02-042 1089 SALERNO DR Single Family Detached Prop 325.00 414-02-043 1101 SALERNO DR Single Family Detached Prop 325.00 414-02-044 1115 SALERNO DR Single Family Detached Prop 325.00 414-02-045 1131 SALERNO DR Single Family Detached Prop 325.00 414-02-046 1145 SALERNO DR Single Family Detached Prop 325.00 414-02-047 1159 SALERNO DR Single Family Detached Prop 325.00 414-02-048 1173 SALERNO DR Single Family Detached Prop 325.00 414-02-049 1187 SALERNO DR Single Family Detached Prop 325.00 414-02-050 1201 SALERNO DR Single Family Detached Prop 325.00 414-02-051 425 SHAMROCK DR Single Family Detached Prop 325.00 414-02-052 415 SHAMROCK DR Single Family Detached Prop 325.00 414-02-053 1200 NORMANDY DR Single Family Detached Prop 325.00 414-02-054 1184 NORMANDY DR Single Family Detached Prop 325.00 414-02-055 1170 NORMANDY DR Single Family Detached Prop 325.00 414-02-056 1166 NORMANDY DR Single Family Detached Prop 325.00 414-02-057 1144 NORMANDY DR Single Family Detached Prop 325.00 414-02-058 1130 NORMANDY DR Single Family Detached Prop 325.00 414-02-059 1116 NORMANDY DR Single Family Detached Prop 325.00 414-02-060 1100 NORMANDY DR Single Family Detached Prop 325.00 414-02-061 1088 NORMANDY DR Single Family Detached Prop 325.00 Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2022/23
Assessor's Parcel
Number Property Address Land Use Classification Fiscal Year 2022/23 Levy 414-02-062 1068 NORMANDY DR Single Family Detached Prop 325.00 414-02-063 1056 NORMANDY DR Single Family Detached Prop 325.00 414-02-064 1046 NORMANDY DR Single Family Detached Prop 325.00 414-02-065 1032 NORMANDY DR Single Family Detached Prop 325.00 414-02-066 1016 NORMANDY DR Single Family Detached Prop 325.00 414-04-001 1546 CAMDEN AVE Non-Residential Property 600.00 414-04-002 1536 CAMDEN AVE Non-Residential Property 600.00 414-04-003 1524 CAMDEN AVE Non-Residential Property 600.00 414-04-004 1510 CAMDEN AVE Non-Residential Property 600.00 414-04-005 1500 CAMDEN AVE Single Family Detached Prop 325.00 414-04-007 1476 CAMDEN AVE Single Family Detached Prop 325.00 414-04-008 1450 CAMDEN AVE Non-Residential Property 600.00 414-04-009 1402 CAMDEN AVE Non-Residential Property 600.00 414-04-010 1260 ERIN WAY Non-Residential Property 600.00 414-04-011 334 SHAMROCK DR Single Family Detached Prop 325.00 414-04-012 354 SHAMROCK DR Single Family Detached Prop 325.00 414-04-013 364 SHAMROCK DR Single Family Detached Prop 325.00 414-04-014 1273 OLYMPIA AVE Single Family Detached Prop 325.00 414-04-015 1291 OLYMPIA AVE Single Family Detached Prop 325.00 414-04-016 1301 OLYMPIA AVE Single Family Detached Prop 325.00 414-04-017 1315 OLYMPIA AVE Single Family Detached Prop 325.00 414-04-018 1327 OLYMPIA AVE Single Family Detached Prop 325.00 414-04-019 1339 OLYMPIA AVE Single Family Detached Prop 325.00 414-04-020 1351 OLYMPIA AVE Single Family Detached Prop 325.00 414-04-021 1361 OLYMPIA AVE Single Family Detached Prop 325.00 414-04-022 1373 OLYMPIA AVE Single Family Detached Prop 325.00 414-04-023 1374 OLYMPIA AVE Single Family Detached Prop 325.00 414-04-024 1352 OLYMPIA AVE Single Family Detached Prop 325.00 414-04-025 1430 LOIS WAY Single Family Detached Prop 325.00 414-04-026 1420 LOIS WAY Single Family Detached Prop 325.00 414-04-027 1421 LOIS WAY Single Family Detached Prop 325.00 414-04-028 1431 LOIS WAY Single Family Detached Prop 325.00 414-04-029 1326 OLYMPIA AVE Single Family Detached Prop 325.00 414-04-030 1310 OLYMPIA AVE Single Family Detached Prop 325.00 414-04-031 1284 OLYMPIA AVE Single Family Detached Prop 325.00 414-04-032 388 SHAMROCK DR Single Family Detached Prop 325.00 414-04-033 396 SHAMROCK DR Single Family Detached Prop 325.00 414-04-034 404 SHAMROCK DR Single Family Detached Prop 325.00 414-04-035 414 SHAMROCK DR Single Family Detached Prop 325.00 414-04-036 422 SHAMROCK DR Single Family Detached Prop 325.00 414-04-037 430 SHAMROCK DR Single Family Detached Prop 325.00 Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22) City of Campbell
Community Facilities District No. 1
Final Billing Detail Report for Fiscal Year 2022/23
Assessor's Parcel
Number Property Address Land Use Classification Fiscal Year 2022/23 Levy 414-04-038 440 SHAMROCK DR Single Family Detached Prop 325.00 414-04-039 450 SHAMROCK DR Single Family Detached Prop 325.00 414-04-040 462 SHAMROCK DR Single Family Detached Prop 325.00 414-04-041 1490 CAMDEN AVE Non-Residential Property 600.00 414-05-037 1206 SALERNO DR Single Family Detached Prop 325.00 414-05-038 1188 SALERNO DR Single Family Detached Prop 325.00 414-05-039 1174 SALERNO DR Single Family Detached Prop 325.00 414-05-040 1162 SALERNO DR Single Family Detached Prop 325.00 414-05-041 1150 SALERNO DR Single Family Detached Prop 325.00 414-05-042 1136 SALERNO DR Single Family Detached Prop 325.00 414-05-043 1122 SALERNO DR Single Family Detached Prop 325.00 414-05-044 1108 SALERNO DR Single Family Detached Prop 325.00 414-05-045 1092 SALERNO DR Single Family Detached Prop 325.00 414-05-046 1080 SALERNO DR Single Family Detached Prop 325.00 414-05-047 1066 SALERNO DR Single Family Detached Prop 325.00 414-05-048 1058 SALERNO DR Single Family Detached Prop 325.00 414-05-049 1046 SALERNO DR Single Family Detached Prop 325.00 414-05-050 1034 SALERNO DR Single Family Detached Prop 325.00 414-05-051 460 CURTNER AVE Single Family Detached Prop 325.00 414-05-052 470 CURTNER AVE Single Family Detached Prop 325.00 $146,075.00430 Accounts
$146,075.00430 Total Accounts
Slight variances may occur due to rounding
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Attachment: CFD #1 Annual Report FY 2021-22 (Community Facilities District #1 Report FY 2021-22) City
Council
Report
TITLE: Community Facilities District No. 2 Report Fiscal Year (FY) 2021-22
RECOMMENDED ACTION
That the City Council note and file the Annual Bond Accountability Report for the City’s Community Facilities District No. 2 (“CFD”) for Fiscal Year ending June 30, 2022, as mandated by the California Government Code sections 53411 and 50075.3.
BACKGROUND
Senate Bill (SB) 165 enacted the Local Agency Special Tax Bond A ccountability Act requires the annual preparation of a report containing specific information concerning the use of the proceeds for annual special taxes for Community Facilities Districts ( CFDs).
The Act only applies to CFD bonds issued on or after January 1, 2001 in accordance with Section 53410 of the California Government Code.
Section 53411 and 50075.3 of the California Government Code requires the Chief Financial Officer of the issuing local agency to file the annual report with its governing body. The report will be on file with the City Clerk for review by the public upon request.
The report and accompanying Attachment A will help to ensure compliance with Sections 53410, 53411 and 50075.3 of the California Government Code for Campbell Community Facilities District (CFD) No. 2 in FY 2021-22.
DISCUSSION
On November 19, 2013, the City Council approved the formation of CFD No. 2 under the Mello-Roos Community Facilities District Act of 1982 to provide administration and funding for the inspection , operation, maintenance, and monitoring of low impact development (LID) stormwater treatment facilities proposed for installation with a new D.R. Horton Bay, Inc. subdivision and public street located at 1181 Abbott Avenue.
Appendix A of Attachment A shows the boundary areas of CFD No. 2.
Pursuant to the 2013 City Council actions referenced, the CFD was formed and Tax Zone 1 was created. Since that time, there have been two additional annexations and the creation of two additional tax zones. In 2015, Ta x Zone 2 was created, and parcels annexed into the CFD. Then in 2017, Tax Zone 3 was created, and parcels annexed into the CFD. These tax zones had the following rates for FY 2021-22:
Item: 11
Category: CONSENT CALENDAR
Meeting Date: December 6, 2022
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Community Facilities District #2 Report FY 2021-22 Page 2 of 3 • Tax Zone 1: $1,914.48
• Tax Zone 2: $2,002.26
• Tax Zone 3: $2,019.44
In FY 2021-22, 25 parcels were levied for a total of $49,386.74. All was paid by the property owners in full . $493.87 (1%) was deducted by the County to place the special assessments on the tax roll; leaving a remaining balance of $48,892.87 paid to the City.
The special tax may be levied in perpetuity if services continue to be provided.
FISCAL IMPACT
The following provides a summary of revenues and expenditures for CFD No. 2 in FY 2021-22:
Table 1 –CFD No. 2 Summary for FY Ended 06/30/2022
District 07/01/2021
Balance
Collections &
Misc. Revenue
Expenditures 06/30/2022
Balance
Status
CFD #2 $170,416.40 $45,399.31 $34,320.39* $181,495.32 Ongoing *Less capital contribution of ($11,078.92)
All revenues and expenditures summarized above were realized in FY 2021-22 under Fund 237 (CFD No. 2). As of the end of FY 2020-21, Fund 237 had an ending balance of $181,495.32. Fund Balances are used for both operating and capital reserves, and may accumulate over time to cover unexpected expenses that may arise and to assist with cash flow needs. Estimated revenues and budgetary appropriations have been included in the FY 2022-23 Adopted Budget and no adjustments are requested at this time.
Prepared by:
Will Fuentes, Finance Director
Approved by:
Brian Loventhal, City Manager
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Community Facilities District #2 Report FY 2021-22 Page 3 of 3 Attachment:
a. Campbell CFD 2 FY 2021-22 Annual Report (Including Maps and Appendix) 11 Packet Pg. 79
Community Facilities District No. 2
(Public Services)
Fiscal Year 2021-22
Annual Report
October 6, 2022
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Attachment: Campbell CFD 2 FY 2021-22 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2021-22) City of Campbell– Community Facilities District No. 2 (Public Services) Fiscal Year 2021-22 Annual Report
i
TABLE OF CONTENTS
Page No.
Background ........................................................................................................... 1
Boundaries of the CFD ......................................................................................... 1
Authorized Services .............................................................................................. 2
Revenues and Expenditures ................................................................................. 3
Annual Special Tax Rates and Levy ..................................................................... 4
Appendix A – Boundary Map ............................................................................ A-1
Appendix B – Special Tax Roll .......................................................................... B-1
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Attachment: Campbell CFD 2 FY 2021-22 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2021-22) City of Campbell– Community Facilities District No. 2 (Public Services) Fiscal Year 2021-22 Annual Report
1 Background
On October 15, 2013, the Campbell City Council adopted a “Resolution of the City Council of the City of Campbell Intending to Establish a Community Facilities District” (the “Resolution of Intention”), stating its intention to form the City of Campbell (the “City”) Community Facilities District No. 2 (Public Services) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, Sections 53311 et. seq., California Government Code (the “Act”) to finance certain municipal services (the “Services”) by levying special taxes (the “Special Taxes”) in the CFD.
On November 19, 2013, the Campbell City Council held a public hearing, adopted the “Resolution of the City Council of the City of Campbell Forming a Community Facilities District” (the “Resolution of Formation”), adopted the “Resolution of the City Council of the City of Campbell Calling Special Landowner Election for a Community Facilities District” (“Resolution Calling Election”), conducted an election where ballots returned were canvassed, and adopted the “Resolution of the City Council of the City of Campbell Declaring Results of the Special Landowner Election and Directing the Recording of the Notice of Special Tax Lien” (“Resolution Declaring Results”).
Pursuant to the 2013 City Council actions referenced, the CFD was formed and Tax Zone 1 was created. Since that time, there have been two additional annexations and the creation of two additional tax zones. In 2015, Tax Zone 2 was created, and parcels annexed into the CFD.
Then in 2017, Tax Zone 3 was created, and parcels annexed into the CFD.
The CFD levies an annual special tax on properties in the CFD to pay for the authorized services.
The special tax may be levied in perpetuity if services continue to be provided.
This annual report provides the boundaries of the CFD, the authorized services that the special taxes may pay for, the Fiscal Year 202 1-22 revenues and expenditures, Fiscal Year 202 1-22 annual special tax rates and levy amount, and the Fiscal Year 2021-22 special tax roll.
Boundaries of the CFD
The City Council of the City also declared in the Resolution of Intention its intent to form a future annexation area (the “Future Annexation Area”) for the CFD. Parcels within the Future Annexation area may be annexed to the CFD only with the unanimous approval of the owner or owners of each parcel(s) that are to be annexed. The boundary map showing the boundaries of each tax zone within the CFD and the Future Annexation Area of the CFD is in Appendix A.
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Attachment: Campbell CFD 2 FY 2021-22 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2021-22) City of Campbell– Community Facilities District No. 2 (Public Services) Fiscal Year 2021-22 Annual Report
2 Authorized Services
The CFD is authorized to finance in whole or in part, the following maintenance services (“services” shall have the meaning given to that term in the Act), including but not limited to:
• Annual operation, maintenance, and serving, including repair and replacement of the storm water treatment facilities, including, but not limited to, low impact development storm water treatment facilities, bio- retention basins and associated facilities which service the properties located within the boundaries of the CFD. The annual operation, maintenance and servicing of the low impact development storm water treatment facilities, bio -retention basins and associated facilities may also include, but are not limited to field inspections, record keeping, cost of permits and regulatory fees, environmental mitigation and/or monitoring, annual reporting, vegetation management, removal of silt, sediment, trash and debris from the treatment areas, bio-retention basins and City catch basins, and any other associat ed services which are needed to operate, maintain and service, including repair and replacement, of the storm water treatment facilities.
• Costs associated with the setting, levy, and collection of the special taxes.
• Contingency costs, including a contingency and/or reserve for operating and capital reserves, as required by the City.
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Attachment: Campbell CFD 2 FY 2021-22 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2021-22) City of Campbell– Community Facilities District No. 2 (Public Services) Fiscal Year 2021-22 Annual Report
3 Revenues and Expenditures
The Fiscal Year 2021-22 beginning and ending fund balances, the revenues, and the expenditures for the CFD are in the table below.
Description FY 2021-22 Total
Revenues
Special Taxes $47,984.12
Investment Earnings ($2,618.81)
Other $34.00
Total Revenues $45,399.31
Expenses
Operating Transfers $12,000.00
Utilities $3,526.19
Professional & Special Services $995.00
Other Contractual Services $17,799.20
Total Expenses $34,320.39
Fund Balance Contribution $11,078.92
Fund Balance Information1
Beginning Balance $170,416.40
E
nding Balance $181,495.32
1Fund Balances are used for both operating and capital reserves, and may accumulate to cover unexpected expenses that may arise and to assist with cashflow.
CFD No. 2 (Public Services)
FY 2021-22 Revenues and Expenditures
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Attachment: Campbell CFD 2 FY 2021-22 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2021-22) City of Campbell– Community Facilities District No. 2 (Public Services) Fiscal Year 2021-22 Annual Report
4 Annual Special Tax Rates and Levy
The table below shows the Fiscal Year 20 21-22 maximum annual special tax rates and the applied annual special tax rates that were levied for each tax zone.
In Fiscal Year 2021-22, twenty-five (25) parcels were levied for a total of $49,386.74. A copy of the special tax amount levied for each parcel within the CFD is in Appendix B.
Tax Zone
Maximum Annual
Special Tax Rate
Applied Annual
Special tax Rate
1 $2,449.74 $1, 914.48
2 $2,436.05 $2,002.26
3 $2,184.23 $2,019.44
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Attachment: Campbell CFD 2 FY 2021-22 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2021-22) City of Campbell– Community Facilities District No. 2 (Public Services) Fiscal Year 2021-22 Annual Report
A-1
APPENDIX A
BOUNDARY MAP
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Attachment: Campbell CFD 2 FY 2021-22 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2021-22) City of Campbell
Community Facilities District No. 2
(Public Services)
Boundary Map
¯
2,000 0 2,000 4,0001,000
Feet
Sheet 1 of 4
Legend
CFD No. 2 District Boundary
CFD No. 2 Future Annexation Area,
City of Campbell Boundary
Parcel Lines
Tax Zone 2
(see Sheet 3)
Tax Zone 1
(see Sheet 2)
Tax Zone 3
(see Sheet 4)
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Attachment: Campbell CFD 2 FY 2021-22 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2021-22) City of Campbell
Community Facilities District No. 2
(Public Services)
Boundary Map
¯
80 0 80 16040
Feet
Sheet 2 of 4
HACIENDA AVE
ABBOTT AVE
1 2
3 4
5 6
7 8
9 10
Tax Zone 1
ARCHER W
Y
LAURENCE HILL CT
Legend
CFD No. 2 District Boundary
Reference Number
Parcel Lines
1 Reference
Number
Assessor
Parcel
Number
1 403-15-087
2 403-15-088
3 403-15-089
4 403-15-090
5 403-15-091
6 403-15-092
7 403-15-093
8 403-15-094
9 403-15-095
10 403-15-096
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Attachment: Campbell CFD 2 FY 2021-22 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2021-22) City of Campbell
Community Facilities District No. 2
(Public Services)
Boundary Map
¯
50 0 50 10025
Feet
Sheet 3 of 4
WESTMONT AVE
JASM
INE CT
Tax Zone 2
Legend
CFD No. 2 District Boundary
Reference Number
Parcel Lines
1 9
87 6
5 4
3 2
1 Reference
Number
Assessor
Parcel
Number
1 403-10-128
2 403-10-129
3 403-10-130
4 403-10-131
5 403-10-132
6 403-10-133
7 403-10-134
8 403-10-135
9 403-10-136
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Attachment: Campbell CFD 2 FY 2021-22 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2021-22) City of Campbell
Community Facilities District No. 2
(Public Services)
Boundary Map
¯
130 0 130 26065
Feet
Sheet 4 of 4
W HACIENDA AVE
ABBOTT AVE
Tax Zone 3
1 2
7 3
4 56
Legend
CFD No. 2 District Boundary
Reference Number
Parcel Lines
1 Reference
Number
Assessor
Parcel
Number
1 403-15-098
2 403-15-099
3 403-15-100
4 403-15-101
5 403-15-102
6 403-15-103
7 403-15-104
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Attachment: Campbell CFD 2 FY 2021-22 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2021-22) City of Campbell– Community Facilities District No. 2 (Public Services) Fiscal Year 2021-22 Annual Report
B-1
APPENDIX B
SPECIAL TAX ROLL
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Attachment: Campbell CFD 2 FY 2021-22 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2021-22)
CITY OF CAMPBELL
COMMUNITY FACILITIES DISTRICT NO. 2
FISCAL YEAR 2021-22
FINAL SPECIAL TAX ROLL
Assessor
Parcel Number Property Owner Tax Zone
Special
Tax Amount
403-15-087 CHANG LU AND LI HONG MING Tax Zone 1 $1,914.48 403-15-088 HSIAO SAMUEL AND CHEUNG CINDY Tax Zone 1 $1,914.48 403-15-089 SWAMINATHAN SHANMUGA S AND DHANDAPANI USHAR Tax Zone 1 $1,914.48 403-15-090 HUANG LAWRENCE AND WEY JACLYN TRUSTEE Tax Zone 1 $1,914.48 403-15-091 WALKER JOSEPH B AND ELIANA Tax Zone 1 $1,914.48 403-15-092 ANGUELOV ATANAS I AND GODEVA ANTOANETA A TR Tax Zone 1 $1,914.48 403-15-093 YEN JENNIFER AND TON DUONG Tax Zone 1 $1,914.48 403-15-094 TUAN CHANG N AND CHENG PAMELA L TRUSTEE Tax Zone 1 $1,914.48 403-15-095 HO JASON CHIEN-YING AND YEN DEANNA FU-FENG Tax Zone 1 $1,914.48 403-10-128 CHUANG MARK AND CINDY TRUSTEE Tax Zone 2 $2,002.26 403-10-129 OKAMOTO YUJI AND JIANG XUN Tax Zone 2 $2,002.26 403-10-130 MUN JERRY SUNG CHOL AND SEONG YEON Tax Zone 2 $2,002.26 403-10-131 ALDRICH LANCE P TRUSTEE & ET AL Tax Zone 2 $2,002.26 403-10-132 ZEN KEVIN AND KIM ALYN Tax Zone 2 $2,002.26
403-10-133 TEDJASAPUTRA ARYA P AND SUTANTO ELISSA Tax Zone 2 $2,002.26 403-10-134 LEI WEI AND YANG MEI Tax Zone 2 $2,002.26
403-10-135 ISCHANOV MAHMUD AND OKSANA Tax Zone 2 $2,002.26 403-10-136 CONRAN BRENT AND JOAN Tax Zone 2 $2,002.26
403-15-098 NGUYEN OANH THI TU Tax Zone 3 $2,019.44
403-15-099 MYHRE GRAHAM AND JANELLE Tax Zone 3 $2,019.44 403-15-100 MURRAY DANIEL CRAIG TRUSTEE Tax Zone 3 $2,019.44 403-15-101 DESHPANDE RUSHIKESH S AND NANDEDKAR GAYATRI Tax Zone 3 $2,019.44 403-15-102 BYE JONATHAN R AND ANASTASIA K Tax Zone 3 $2,019.44 403-15-103 ABBOTT OAKS LLC Tax Zone 3 $2,019.44
403-15-104 FOCHTMAN JEFFREY D AND CRUZ SANGMEE A Tax Zone 3 $2,019.44 Total: $49,386.74
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Attachment: Campbell CFD 2 FY 2021-22 Annual Report (Including Maps and Appendix) (Community Facilities District #2 Report FY 2021-22) City
Council
Report
TITLE: Approval of Tract Map No. 10580 Including Acceptance of Public Service Easements Shown on Said Map – 1429 & 1445 Westmont Avenue (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution approving the Tract Map for Tract No. 10580 and accept the public service easements as shown on the map for the property located at 1429 & 1445 Westmont Avenue.
BACKGROUND
On June 18, 2019, the City Council adopted Resolution No. 12463, conditionally approving a Tentative Subdivision Map (PLN2018 -236) to create six (6) private lots and one (1) common lot to accommodate six (6) new single family homes and a private street on the properties located at 1429 & 1445 Westmont Avenue.
On September 28, 2020, Governor Newsom signed AB 1561 (Garcia/Greyson), extending approved Tentative Maps for 18 months due to the Covid-19 pandemic.
On October 18, 2022, City Council adopted Resolution No. 12901, vac ating the excess right-of-way along the frontage of 1445 Westmont Avenue. The resolution and associated quitclaim deed were recorded on October 28, 2022.
On November 15, 2022, City Council adopted Resolution No. 12 907, conditionally approving the Major P lanned Development Permit Modification and extending the Tentative Map for this project.
DISCUSSION
The Tract Map incorporates the small piece of excess right -of-way recently vacated by City Council and dedicates public service easements necessary to acc ommodate the approved use of the property. Staff has reviewed the map and found it in compliance with the approved Tentative Subdivision Map, the Subdivision Map Act, and Title 20 of the Campbell Municipal Code. The attached resolution has been prepared f or Council’s consideration for approval of the Tract Map, and acceptance of the public service easements offered on said map.
Item: 12
Category: CONSENT CALENDAR
Meeting Date: December 6, 2022
12 Packet Pg. 93
Approval of Tract Map No. 10580 Page 2 of 2
While the Tentative Map would have expired on August 1, 2021, 24 months after its approval by City Council (calculated based on the associated Zoning change), previously mentioned State legislation (AB 1561) provided an automatic 18 -month extension to the Tentative Map’s expiration date, keeping the Tentative Map current and valid.
FISCAL IMPACT
In addition to the entitlement app lication and Tract Map review fees already paid, and permits fees required for building permit and off -site improvement review, the developer will contribute approximately $77,000 in Park Impact Fees. No budget adjustment to FY 2023 revenue estimates is be ing requested at this time, but all revenues will be examined and evaluated during the mid-year update process.
ALTERNATIVES
Determine that the Tract Map is not consistent with the Tentative Map or applicable codes, and do not approve the Tract Map with the proposed dedications.
Prepared by:
Roger Storz, Senior Civil Engineer
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Westmont Ave Tract Map 10580
12 Packet Pg. 94
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE TRACT MAP FOR TRACT NO. 10580 AND ACCEPTING THE
PUBLIC SERVICE EASEMENTS OFFERED FOR DEDICATION FOR THE PROPERTY LOCATED AT 1429 & 1445 WESTMONT AVENUE
WHEREAS, On June 18 , 20 19, th e City Council adopted Resolution No. 12463, approving a Tentative Subdivision Map (PLN2018-236) for the property located at 1429 & 1445 Westmont Avenue;
WHEREAS, on September 28, 2020, Governor Newsom si gned AB 1561 , extending approved Tentative Maps for 18 months due to the Covid-19 pandemic; and
WHEREAS, public service easements are necessary to acc ommodate the approved use of the property and have been offered for dedication on the Tract Map; and
WHEREAS, the Tract Map ha s been prepared, reviewed by staff, and found to be in compliance with the Tentative Map, the Subdivision Map Act and Titl e 20 of the Campbell Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Cou ncil of the City of Campbell that Tract Map 10 580 is hereby approved and th e public service easements offered for dedication as shown on said map are here by accepted in conformity with the terms for which they are offered.
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 (Approval of Tract Map No. 10580)
12.b
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Attachment: Westmont Ave Tract Map 10580 (Approval of Tract Map No. 10580)
12.b
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Attachment: Westmont Ave Tract Map 10580 (Approval of Tract Map No. 10580)
12.b
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Attachment: Westmont Ave Tract Map 10580 (Approval of Tract Map No. 10580)
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Attachment: Westmont Ave Tract Map 10580 (Approval of Tract Map No. 10580) City
Council
Report
TITLE: Approval of the Vacation of the Light and Air / Building Line, and the Future Avenue Line Within Lot 1 of Tract Map No. 89 (Portions of Hacienda Avenue – Formerly Allendale Avenue, and Burrows Road) and Directing the City Clerk to Record the Resolution
(Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution (1) summarily vacating the Light and Air / Building Line within Lot 1 of Tract Map No. 89; (2) summarily vacating the Future Avenue Line within Lot 1 of Tract Map No. 89; and (3) directing the City Clerk to record the resolution.
BACKGROUND
On May 29 th, 1939, the Board of Supervisors of the County of Santa Clara (County) approved Tract Map No. 89 which created a 9 -lot subdivision as shown in Attachment B. As was common at the time, the County required the subdivider to dedicate a Light and Air / Building Line (Building Setback Line) along the street frontage of the lots requiring that any structures constructed be set back 25 feet from the adjacent public street. Tract Map No. 89 also included a Future Avenue Line along the Hacienda Avenue (formerly Allendale Avenue) frontage to reserve an additional 15 feet of future right-of-way for the then planned ultimate width of Hacienda Avenue.
On October 11 th, 2022, the Community Development Director approved a Tentative Parcel Map (PLN-2022-24) to subdivide the property at 1265 Burrows Road into two (2) parcels for residential uses. As part of the review of that application, it was determined that these existing easements created by Tract Map No. 89 were no longer required and the application was conditioned to apply for the Vacation of these easements.
DISCUSSION
At the time of approval of Tract Map No. 89, it was anticipated that Hacienda Avenue would eventually be widened to a width of 115 feet to accommodate four lanes of traffic. With Tract Map No. 89, the County accepted a 40 -foot half street right -of-way dedication, but also included a reservation of an additional 15 feet to be dedicated with future developments called out as a Future Avenue Line on said Tract Map. As Item: 13
Category: CONSENT CALENDAR
Meeting Date: December 6, 2022
13 Packet Pg. 100
Vacation - 1265 Burrows Rd Page 2 of 3
Hacienda Avenue is no longer planned to be a four -lane roadway, this additional right- of-way is no longer required, and can be vacated.
The Building Setback Line previously required by the County is no longer appropriate and represents an outdated standard in conflict with the front and side setbacks required by the City of Campbell’s Zoning Ordinance. In this case, the combination of the current Building Setback Line and the Future Avenue Line is effectively creating a 40-foot setback requirement (15 -foot Future Avenue setback plus 25 -foot Building Setback Line).
Staff recommends that both the Future Aven ue Line and the Building Setback Line be vacated and that building setbacks be determined solely through the requirements of the City’s Zoning Code.
Upon recordation of the resolution approving this vacation, the property will become unencumbered by these easements.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ALTERNATIVES
1. Do not approve the vacation of the Building Setback Line and continue to work around the conflicts between these easements and the City’s Zoning Code.
2. Do not ap prove the vacation of the Future Avenue Line and require future structures to be constructed outside this area.
Prepared by:
Roger Storz, Senior Civil Engineer
Reviewed by:
Todd Capurso, Director of Public Works
13 Packet Pg. 101
Approved by:
Brian Loventhal, City Manager
Vacation - 1265 Burrows Rd Page 3 of 3
Attachment:
a. Resolution
b. Tract Map 89
13 Packet Pg. 102
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
VACATING THE LIGHT AND AIR / BUILDING LINE AND FUTURE AVENUE LINE EASEMENTS WITHIN LOT 1 OF TRACT MAP NO. 89 (PORTIONS OF HACIENDA AVENUE – FORMERLY ALLENDALE AVENUE, AND BURROWS ROAD), AND
DIRECTING THE CITY CLERK TO RECORD THE RESOLUTION
WHEREAS, easements for light and air, and future right-of-way widening were recorded on May 29th, 1939 on Tract Map No. 89 (portions of Hacienda Avenue – Formerly Allendale Avenue , and Burrows Road ) in Book 3 of Maps at Page 59 of Official Records, Santa Clara County; and
WHEREAS, the easement for Light and Air / Building Line is no longer required as it has been superseded by the setback requirements of the City of Campbell Zoning Code; and
WHEREAS, the easement for the Future Avenue Line is no longer required as Hacienda Avenue will no longer be widened to th e width originally envisioned at the time Tract Map No. 89 was approved; and
WHEREAS, it is the desire of the City o f Camp bell to remo ve th ese outdated encumbrances (Light and Air / Building Line and Future Avenue Line) from the property commonly known as 1265 Burrows Road, Campbell, California 95008; and WHEREAS, the easement vacation is to be made pursuant to Chapter 4, S ummary Vacation, of Part 3 of Division 9 of the California Street and Highway Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council o f the City of Campbell does hereby vacate the Light and Air / Building Line and Future Avenue Line easements within Lot 1 of Tract No. 89 recorded in Book 3 of Maps at Page 59 of Official Records, Santa Clara County, and directs the City Clerk to record this resolution.
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
13.a
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Attachment: Resolution (Vacation - 1265 Burrows Rd)
13.b
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Attachment: Tract Map 89 (Vacation - 1265 Burrows Rd)
City
Council
Report
TITLE: Accept Improvements for the FY 21/22 Annual Street Maintenance - Collector and Residential Street Resurfacing, Project 22 -BB, and File Notice of Completion (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution accepting the improvements for the FY 21/22 Annual Street Maintenance - Collector and Residential Street Resurfacing, Project 22 - BB; directing the City Engineer to f ile the Notice of Completion; and authorizing the Finance Director to perform a budget adjustment.
BACKGROUND
On February 1, 2022, City Council adopted Resolution No. 12799 authorizing the advertisement of bids, awarding the contract, and signing of a co nstruction contract for the Project (Project 22 -BB). Additionally, the resolution authorized the City Manager to negotiate and enter into a cost share agreement with the Town of Los Gatos in the amount of $335,000 for resurfacing three streets with shared jurisdiction between Campbell and Los Gatos.
On March 9, 2022, the City received and opened bids from G. Bortolotto & Company, Inc. of San Carlos, CA, O’Grady Paving, Inc. of Mountain View, CA, and Granite Rock Company of San Jose, CA. All three bids w ere determined to be responsible and responsive. On March 17, 2022, the City awarded the construction contract in the amount of $2,441,656.08, to the lowest of the three bidders, G. Bortolotto & Company, Inc. The construction contract was fully executed on April 11, 2022.
DISCUSSION
In September of 2022, the Project 22 -BB was completed in accordance with the plans and specifications, and it accomplished the following:
• Constructed 23 ADA compliant accessibility ramps;
• Resurfaced a total of 3.9 centerlin e miles of collector and residential streets with either rubber cape seal or slurry seal and overlayed 0.96 centerline miles with hot mix asphalt concrete;
• Resurfaced three streets (W. Parr Avenue, Capri Drive and Division Street) where Campbell and Los Gatos share joint jurisdiction;
Item: 14
Category: CONSENT CALENDAR
Meeting Date: December 6, 2022
14 Packet Pg. 105
Accept Improvements for Project 22-BB Page 2 of 5
• Crack sealed 40 segments of residential streets;
• Performed preventive maintenance treatments (including digouts and crack sealing) on 1.1 centerline miles of S. Bascom Avenue;
• Repaired high severity pavement failure areas at v arious locations along Hamilton Avenue;
• Removed a total of 5 trees and planted 10 new trees;
• Added sharrows on W. Parr Avenue between Pollard Road and Winchester Boulevard; and
• Set 8 surveying monuments followed by filing Corner Records with the Santa Clara County Recorder’s Office for those monuments.
With the completion of the Project 22 -BB, the useful life of the streets resurfaced with hot mix asphalt concrete overlay, rubber cape sealed, and slurry sealed streets were extended by 20 plus,10 plus, and 5 to 7 years, respectively.
Partial Withholding of Retention
Per the Code of Civil Procedure of the State of California, the City is withholding a retention equal to 5% of the construction contract to be released 35 days after filing of the Notice of Completion. For the Project 22 -BB, $5,070.50 will be withheld after the retention release.
During the term of the contract, three subcontractors had labor compliance issues. On October 12, 2022, the Notice of Withholding of Contract Payments was sen t in accordance with Labor Code sections 1742 and 1771.6 to the prime contractor and all impacted subcontractors advising that an estimated maximum wage restitutions to workers (from the subcontractors) and penalties due to the City equal to $5,070.50 will be held back when the retention is released. The date of delivery of the notice marked the beginning of a 60 -day period in which the subcontractors could make wage restitutions to their workers or file an appeal with the City. If at the end of the 60 -day period, the subcontractor(s) fails to make wage restitutions, the City will distribute the wages owed in accordance with information on the certified payrolls followed by a letter to the California Department of Industrial Relations stating wage distribution information.
The attached resolution has been prepared to accept the improvements and to direct the City Engineer to file the Notice of Completion with the Santa Clara County Recorder’s Office.
FISCAL IMPACT
The Project was completed on time and under budget as outlined below:
SOURCE OF FUNDS
Budget Actual
14 Packet Pg. 106
Accept Improvements for Project 22-BB Page 3 of 5
Capital Improvement Program Reserve (CIPR) $423,000 $423,000 Vehicle Impact Fee (Building and Garbage) $1,018,714 $1,018,714 FY 22 Vehicle Registration Fees (VRF) $255,980 $255,980 FY 22 Measure B $1,030,515 $1,030,515
FY 22 SB1 $812,370 $850,950
CalRecycle Grant $49,308 $49,308
Los Gatos Cost Share Agreement $335,000 $201,850
Utility Reimbursement $143,476 $79,005
TOTAL $4,068,363 $3,909,322
14 Packet Pg. 107
Accept Improvements for Project 22-BB Page 4 of 5
USE OF FUNDS
Budget Actual
Design $203,000 $203,000
Construction Engineering $245,000 $242,000
Construction Contract $3,521,000 $2,526,109
TOTAL $3,969,000 $2,971,109
Total Project Savings: $938,213
The actuals in the Source of Funds reflect final amounts fro m internal City and external funding sources. The Use of Funds is lower than the budget amount due to a favorable low bid for the construction contract. Therefore, the overall balance remaining from Project 22-BB is $938,213.
Staff recommends the fund tr ansfer of the Project balance to the Annual Street Maintenance – FY23 (Hamilton Avenue), Project 23 -BB. The Project is being scoped to resurface the 2.82 -mile Hamilton Avenue corridor from western to eastern city limits and will be presented under a sepa rate report to the Council to approve plans and specifications, tentatively in FY25.
The attached budget adjustment has been prepared to transfer the fund balance of $938,213 from Project 22-BB to Project 23-BB.
ALTERNATIVES
Do not accept improvements and budget adjustment and direct staff accordingly. As the Project involves significant external funding, it was completed in accordance with those funding requirements. Therefore, any changes will have impacts on meeting the funding agreements.
Prepared by:
Amy Olay, City Engineer
Reviewed by:
14 Packet Pg. 108
Todd Capurso, Director of Public Works
Accept Improvements for Project 22-BB Page 5 of 5
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution - Project Acceptance - 22-BB
b. Notice of Completion
c. Budget Adjustment Form
14 Packet Pg. 109
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF T HE C ITY OF CAMPBELL ACCEPTING IMPRO VEMENTS FOR THE FI SCAL YEAR 21/22 ANNUAL STR EET MAINTENANCE – COLLECTOR AND RESIDENTIAL STR EET RESURFACIN G, PROJECT 22-BB, DIRECTING THE CITY ENGINEER TO FILE THE NOTICE OF
COMPLETION, AUTHORIZING THE FINANCE DIRECTOR TO PERFORM A
BUDGET ADJUSTMENT
WHEREAS, on February 1, 2022, City Council adopt ed Re solution No. 12799 authorizing the advertisement of bids, awarding the contract, an d sign ing of a construction contract for the Project; and
WHEREAS, on March 17, 2022, a construction contract in the amount of $2,441,656.08 was awarded to G. Bortolotto & Company, Inc., of San Carlos, California; and WHEREAS, in September of 20 22, G. Bortolotto & Company, In c. com pleted t he installation of various improv ements in acc ordance wit h the Project p lans and specifications for the Project 22-BB; and
WHEREAS, due to labor compliance issues involving three subcontractors, the Notice of Withholding of Contract Payments was sent on October 12, 2022, in accordance with Labor Code sections 1742 and 1771.6 to the prime contra ctor and all impacted subcontractors advising that an estimated maximum wage restitutions to workers (from the subcontractors) and penalties due to the City equal to $5,070.50 will be held back when the retention is released; and
WHEREAS, approximately $938,213 of pavement maintenance funds remains unspent in the Project budget; and
WHEREAS, staff recomme nds the fund transfer of the Project balance to the Annual Street Mai ntenance – FY23 (Hamilton Avenue ), Project 2 3-BB for resurfacing the corridor from western to eastern city limits; and
WHEREAS, a budget adjustment has been prepared to transfer the re maining Project budget to the An nual Street Maintenance – Hamilton Avenue Street Resurfacing, Project 23-BB.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campb ell hereby accepts the imp rovements constructed by G. Bort olotto & Company, Inc. for the Fiscal Year 21/2 2 Annual Street Maintenance – Collector and Resid ential Street Resurfacing, Project 22 -BB, directs the City Engineer to file the Notice of Completion, and authorizes the Finance Director to perform a budget adjustment.
PASSED AND ADOPTED this_______ of 2022, by the f ollowing ro ll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
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Attachment: Resolution - Project Acceptance - 22-BB (Accept Improvements for Project 22-BB)
ABSENT: Councilmembers:
APPROVED:
Paul Resnikoff, Mayor
ATTEST:
Andrea Sanders, City Clerk
14.a
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Attachment: Resolution - Project Acceptance - 22-BB (Accept Improvements for Project 22-BB) Revised 1/23/17
Recording Requested by
and when recorded, mail to:
City of Campbell
City Clerk’s Office
70 North First Street, City Hall – Upper Level
Campbell, CA 95008
(408) 866-2150
CITY OF CAMPBELL
NOTICE OF COMPLETION AND ACCEPTANCE
OF PUBLIC WORKS CONTRACT
(C.C.C. 3093)
This document is for the benefit of the City of Campbell. Request for the Recordation without fee is made in accordance with Section 6103 of the Government Code of the State of California.
Contractor’s Name: G. Bortolotto & Company, Inc. Contract Date:4/11/2022 Surety: Everest Reinsurance Company Final Contract
Amount: $2,526,109.01
Job Title: FY 21/22 Annual Street Maintenance – Collector and Residential Street Resurfacing, Project 22-BB Location: Various collector and residential streets in the City of Campbell, California.
Scope of Work: Included the following: Resurfacing of various street segments as follows, overlayed of 0.96 centerline miles of residential streets with hot mix asphalt concrete; installed either a rubber cape seal or slurry seal over 3.9 centerline mil es of collector and residential streets; crack sealed 40 segments of residential streets; applied preventive maintenance treatments (including digouts and crack sealing) on 1.1 centerline miles of S. Bascom Avenue; repaired high severity pavement failure ar eas at various locations along Hamilton Avenue; and installed other incidental work such as ADA curb ramps.
Owner: City of Campbell, City Hall, 70 North Street, Upper Level, Campbell, CA 95008 This work was accepted by me on 9/14/2022, on behalf of the City of Campbell. I certify under penalty of perjury that the foregoing is true and correct. (C.C.P. 2015.5)
Executed on __________________,
at Campbell, California
Amy Olay, City Engineer
Department of Public Works
City of Campbell
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Attachment: Notice of Completion (Accept Improvements for Project 22-BB) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.
December 6, 2022 BA-12
Budget to be Reduced
Fund/Program Account Number Description Amount
EXPENDITURES
435.22BB 7883 (159,041)
435.22BB 7883 (938,218)
REVENUES
435.535 4921 (64,471)
435.535 4921 (133,150)
Budget to be Increased
Fund/Program Account Number Description Amount
EXPENDITURES
204.990 9999 38,580
435.23BB 7883 938,218
REVENUES
204.760 4518 38,580
435.990 6999 38,580
REASON FOR REQUEST - BE SPECIFIC:
City Manager
Public Works
Will Fuentes Todd Capurso Brian Loventhal
To amend the overall budget of 22-BB:
1. T
o reflect a decrease in project budget by $159,041 as a result of an increase to SB1 revenue and a decrease in cost share and utility reimbursement.
2. T
o transfer remaining project balance of $938,218 from 22-BB to 23-BB 22-BB Annual Street Maintenance
Annual Street Maintenance
Capital Transfer Out
Finance Director Public Works Director
Capital Transfer In
Transfer from 22-BB
Transfer to 23-BB
SB1 Revenue
Utility Reimbursement
Los Gatos Cost Share
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Attachment: Budget Adjustment Form (Accept Improvements for Project 22-BB) City
Council
Report
TITLE: Resolution Declaring Weeds a Public Nuisance and Scheduling a Public Hearing (Resolution/ Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution, declaring weeds a public nuisance, and setting January 17, 2023, as the date for a public hearing to hear protests.
DISCUSSION
Chapter 17.54 of the Campbell Municipal Code governs the abatement of hazardous vegetation (weeds) on private prop erty and/or adjoining rights -of-way. The Chapter requires that upon a declaration of the City Council that weeds constitute a public nuisance, owners of properties determined to contain hazardous vegetation be notified that it is their responsibility to re move the vegetation "without delay." The notice further advises that unless the weeds are voluntarily removed, the removal will be performed through the Santa Clara County Agricultural Commissioner’s Office, the cost of which will be placed as a lien on th e property tax roll. Property owners may protest this determination at a set public hearing.
The attached resolution declares weeds to be a public nuisance and sets a public hearing date of January 17, 2023 . The Commissioner’s Office will provide a list of properties having hazardous vegetation prior to this meeting. Property owners will be notified that they may attend this meeting to protest the inclusion of their property on the List of Hazardous Vegetation.
FISCAL IMPACT
There is no fiscal impact to th e City. All associated costs to remove hazardous vegetation will be borne by property owners.
ALTERNATIVES
1. Take no action.
Prepared by:
Randy Sweet, Code Enforcement Officer
Item: 15
Category: CONSENT CALENDAR
Meeting Date: December 6, 2022
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Resolution Declaring Weeds a Public Nuisance and Scheduling a Public Hearing Page 2 of 2
Reviewed by:
Rob Eastwood, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
b. 2023 CAMPBELL Commencment report - weeds
15 Packet Pg. 115
RESOLUTION NO.______
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL DE CLARING WEEDS A PUBLIC
NUISANCE AND SCHEDULING A PUBLIC HEARING
WHEREAS, the growth of weeds and indigenous grasses accumulate annually upon private property, including that property located in the public right -of-way, streets, alleys and sidewalks in the City of Campbell; and
WHEREAS, weeds and indigenous grasses may attain such large growth as to become, when dry, a fire hazard to adjacent improved property;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell, California, hereby declares that all weeds growing upon any private property or in any right of way, street or alley, as defined in Sections 17.54.010 and 17.54.020 of the Campbell Municipal Code, constitutes a public nuisance, which nuisance must be abated by the destruction or removal thereof. The Agricultural Commissioner is hereby ordered to give notice of the passage of this resolution stating that, unless such nuisance is abated without delay by the destruction or removal of such weeds, the work of abating such nuisance will be done by the City authorities; and the expense thereof assessed upon the lots and lands from which, and/or in the front of which, such weeds shall have been destroyed or removed.
All property owners having any objections to the proposed destruction or removal of such weeds are hereby notified to attend a meeting of the City Council to be held in the Council Chambers of City Hall, 70 N. First Street, Campbell, California, on Tuesday, January 17, 2023, at 7:30 p.m., when and where their objections will be heard and given due consideration.
PASSED AND ADOPTED this Xth day of XXXXX, 2022, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:______________________________
Paul Resnikoff, Mayor
ATTEST:______________________________
Andrea Sanders, City Clerk
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Attachment: Resolution (Resolution Declaring Weeds a Public Nuisance and Scheduling a Public Hearing)
EXHIBIT A
APN Owner Address Zip Code
95 S HAMILTON AV 279-27-096 101 SANTA CRUZ AV S LOS GATOS CA 95030-6701 465 W CAMPBELL AV 305-24-021 465 CAMPBELL AV W CAMPBELL CA 95008-1910 230 EL CAMINITO AV 305-34-020 6074 RIDING CT SAN JOSE CA 95124 336 CALIFORNIA ST 305-34-046 19308 BROOKVIEW DR SARATOGA CA 95070-3305 301 BUDD AV 305-35-018 20242 ALMADEN RD SAN JOSE CA 95120 665 GINDEN DR 403-08-072 665 GINDEN DR CAMPBELL CA 95008-4426 599 INWOOD DR 403-08-088 599 INWOOD DR CAMPBELL CA 95008-4407 1445 WESTMONT AV 403-10-116 97 BOSTON AV SAN JOSE CA 95128-1911 1429 WESTMONT AV 403-10-117 97 BOSTON AV SAN JOSE CA 95128 1009 SAN TOMAS AQUINO RD 403-10-124 236 LAS MIRADAS DR LOS GATOS CA 95032-7687 1660 WESTMONT AV 403-13-014 'PO BOX 834 CAMPBELL CA 95009-0834 1320 HACIENDA AV 403-16-102 1320 HACIENDA AV CAMPBELL CA 95008-6324 586 VIRGINIA AV 404-23-037 586 VIRGINIA AV CAMPBELL CA 95008-4606 684 BUDDLAWN WY 404-24-029 684 BUDDLAWN WY CAMPBELL CA 95008-3914 751 BUDD AV 404-24-041 751 BUDD AV CAMPBELL CA 95008-4612 725 KENNETH AV 404-26-014 725 KENNETH AV CAMPBELL CA 95008-4603 738 SOBRATO DR 404-26-016 738 SOBRATO DR CAMPBELL CA 95008-4622 952 W KENNETH AV 404-30-023 787 SUNNY OAKS AV W CAMPBELL CA 95008 936 KENNETH AV 404-30-024 936 KENNETH AV CAMPBELL CA 95008-5332 888 SOBRATO DR 404-30-064 1051 AUDREY AV CAMPBELL CA 95008-6402 850 CONNIE DR 404-32-023 850 CONNIE DR CAMPBELL CA 95008-4514 772 MARILYN DR 404-32-045 772 MARILYN DR CAMPBELL CA 95008-6012 747 MARILYN DR 404-33-002 747 MARILYN DR CAMPBELL CA 95008-6011 759 MARILYN DR 404-33-003 759 MARILYN DR CAMPBELL CA 95008-6011 791 MARILYN DR 404-33-011 791 MARILYN DR CAMPBELL CA 95008-6013 815 MARILYN DR 404-33-013 815 MARILYN DR CAMPBELL CA 95008-6013 944 VIRGINIA AV 404-33-038 302 LAUREL AV MENLO PARK CA 94025 587 VIRGINIA AV 406-01-006 587 VIRGINIA AV CAMPBELL CA 95008-4605 625 VIRGINIA AV 406-01-009 625 VIRGINIA AV CAMPBELL CA 95008-4605 881 VIRGINIA AV 406-04-068 3913 LUX CT SAN JOSE CA 95136-1954 955 LINDA DR 406-05-017 955 LINDA DR CAMPBELL CA 95008-4505 965 LINDA DR 406-05-018 965 LINDA DR CAMPBELL CA 95008-4505 978 LINDA DR 406-05-037 4156 LAFAYETTE PL CULVER CITY CA 90232-2818 891 CONNIE DR 406-05-045 891 CONNIE DR CAMPBELL CA 95008-4501 1039 CONNIE DR 406-05-058 1039 CONNIE DR CAMPBELL CA 95008-4501 930 S SAN TOMAS AQUINO RD 406-06-006 930 SAN TOMAS AQUINO RD S CAMPBELL CA 95008-4422 939 BUCKNAM AV 406-07-011 939 BUCKNAM AV CAMPBELL CA 95008-5906 1046 LOVELL AV 406-07-016 1046 LOVELL AV CAMPBELL CA 95008-5916 952 LOVELL AV 406-07-024 1630 ALISON AV MOUNTAIN VIEW CA 94040-3016 870 W SUNNYOAKS AV 406-12-047 870 SUNNYOAKS AV W CAMPBELL CA 95008-6046 864 W SUNNYOAKS AV 406-12-048 864 SUNNYOAKS AV W CAMPBELL CA 95008-6046 1190 STEINWAY AV 406-16-008 1190 STEINWAY AV CAMPBELL CA 95008-6329 1109 STEINWAY AV 406-17-001 1109 STEINWAY AV CAMPBELL CA 95008-6332 1017 STEINWAY AV 406-17-035 1017 STEINWAY AV CAMPBELL CA 95008-6424 1052 STEINWAY AV 406-17-042 1052 STEINWAY AV CAMPBELL CA 95008-6425 1018 STEINWAY AV 406-17-047 1018 STEINWAY AV CAMPBELL CA 95008-6425 700 HACIENDA AV 406-19-036 965 LAUREL GLEN DR PALO ALTO CA 94304-1323 1270 THERESA AV 406-19-054 1270 THERESA AV CAMPBELL CA 95008-6833 1429 THERESA AV 406-23-027 1429 THERESA AV CAMPBELL CA 95008-6834 1495 THERESA AV 406-23-031 3142 IMPALA DR A SAN JOSE CA 95117 1001 AUDREY AV 406-24-002 1001 AUDREY AV CAMPBELL CA 95008-6402 1032 AUDREY AV 406-24-027 1032 AUDREY AV CAMPBELL CA 95008-6403 1451 VALE AV 406-24-028 1451 VALE AV CAMPBELL CA 95008-6412 1247 E POLLARD RD 406-25-014 295 HOLLOW WY E DINUBA CA 93618-3906 1500 CAMDEN AV 414-04-005 3426 KATHLEEN ST SAN JOSE CA 95124-2135 1506 WHITE OAKS RD 414-36-012 1873 HUXLEY CT SAN JOSE CA 95125-5927 1490 WHITE OAKS AV 414-36-015 1873 HUXLEY CT SAN JOSE CA 95125-5927 1766 WHITE OAKS RD 414-40-011 19542 CHARDONNAY CT SARATOGA CA 95070-4460 2023 WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF CAMPBELL
Situs City/State
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Attachment: 2023 CAMPBELL Commencment report - weeds (Resolution Declaring Weeds a Public Nuisance and Scheduling a Public Hearing)
City
Council
Report
TITLE: Accept the “Energy Conservation Upgrades and Infrastructure Improvements” (ESCO) Project No. 21-OO, and Direct Filing of Notice of Completion (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution accepting the work completed for the City’s “Energy Conservation Upgrades and Infrastructure Improvements” (ESCO) Project 21 - OO and direct the City Engineer to file the Notice of Completion.
BACKGROUND
In October 2016, Council authorized staff to issue a Request for Qualifications (RFQ) for an Energy Efficiency Investment Grade Audit for all City facilities. In May 2017, staff issued the RFQ to Energy Services Companies (ESCO’s ) interested in performing an Energy Efficiency Investment Grade Audit and working with the City as its preferred energy services partner. ESCO firms specialize in conducting facility assessments with the goal of identifying projects and solutions that im prove infrastructure, conserve energy, reduce energy costs, and decrease operations and maintenance costs. By the end of the RFQ submittal deadline, staff had received a total of seven responses from interested ESCO firms. Staff completed a thorough eva luation of all seven applications received and ultimately selected Syserco Energy Solutions (Syserco) as the most qualified and best fit to assist the City with identifying, developing, and implementing energy-saving improvements.
In December 2018, Syserc o began an Investment Grade Energy Audit (IGA) to identify efficiency upgrades and infrastructure improvements that would create sufficient energy savings that could then be used to fund their replacement and/or rehabilitation. At the conclusion of their 10-month audit, Syserco identified and recommended the following six upgrades/improvements:
1. Energy Management System upgrades at City Hall and the Community Center;
2. HVAC Unit Replacements at City Hall and the Community Center;
3. HVAC Unit Refurbishments at City Hall and the Community Center;
4. Interior/Exterior LED Lighting Efficiency Upgrades at City Hall, the Community Center, 2 nd St Parking Garage, Corp Yard, Campbell Museum, Ainsley House and various park sites;
5. Duct work sealing at City Hall; and
Item: 16
Category: CONSENT CALENDAR
Meeting Date: December 6, 2022
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6. LED Lighting Retrofit Upgrades of remaining non-LED City-owned streetlights.
Syserco also researched and identified two funding mechanisms that would best match with the recommended list of improvements. The first source was the PG&E On -Bill Financing (OBF) prog ram, which the City has participated in several times before to implement other energy savings projects. The second source was the California Energy Commission’s (CEC) “Energy Conservation Assistance Act” that provided low -interest (1%) loans to governmen t agencies for implementation of energy -saving projects.
Moreover, Syserco would assist the City with the application and enrollment process involved with both programs. In turn, Syserco’s compensation would be directly linked to the cost savings achieve d via its recommended infrastructure improvements and leverage of funding from other agencies.
As such, the identified energy conservation and infrastructure improvements were estimated to cost a total of $4,065,049 and would be paid for through a combi nation of funding sources: the PG&E On -Bill Financing Program, the California Energy Commission’s “Energy Conservation Assistant Act” (ECAA) 1% Energy Efficiency Loan Program, and City funds to cover the remaining balance (see table below):
Proposed Energy Services Proposal Funding
PG&E On-Bill Financing
$2,416,797 of the total p roject cost would be paid for through the PG&E On -Bill Financing Program, with funding to be received by the City after project completion.
PG&E provides the funding amount in total at the time of project completion - as a loan.
The City would then captu re the energy savings associated with each project element and use those savings to cover the project loan costs over the agreed period. All savings and loan payments are completed through the traditional PG&E billing process.
For a period of 10 years, P G&E will be reimbursed using the funding generated by energy savings attributed to the project.
California Energy Commission Financing
$1,638,168 would be funded by the California Energy Commission’s “Energy Conservation Assistant Act” (ECAA) 1% Energy Efficiency Loan program, with funds received by the City at project commencement. Like PG&E’s On -Bill Financing program, the annual debt obligation will be offset with real -time energy savings that result from the equipment installed for the project. Ov er time, this loan will be paid by using the energy savings generated with those projects funded by the CEC loan.
Source of Funding Amount
Proposed FY 21 CIPR Funding $10,084
PG&E On-Bill Financing $2,416,797
CEC 1% Energy Efficiency Loan $1,638,168
Total Project Cost $4,065,049
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City Funding
Approximately $10,084 of City funds would be required to cover the balance of the project costs. The City’s costs would be s upported by General Fund reserves and programmed into the subsequent CIP proposed for FY 2020-21.
Based on the project elements and funding sources described above, staff complied a project proposal that was presented to City Council in February 2020.
On February 18, 2020, the City Council adopted the following resolutions: 1) Resolution No. 12556 – authorization the City Manager to enter into an Energy Services contract with Syserco Energy Solutions to provide turnkey services for the proposed “Energy Conservation Upgrades and Infrastructure Improvements” (ESCO) project in an amount not to exceed $4,065,049; and 2) Resolution No. 12557 – approval of the application for funding through the California Energy Commission’s Energy Efficiency Loan program and authorizing the City Manager to accept a loan up to $1,638,168.
DISCUSSION
Following Council’s approval in February 2020, and subsequent execution of the formal Energy Services contract, Syserco prepared and submitted the City’s application for the CEC’s “Energy Conservation Assistance Act” loan program. Within a month, the CEC notified the City of its acceptance into the loan program. At the same time, Syserco also enrolled the City into PG&E’s On -Bill Financing (OBF) program. As existing PG&E customers, the City’s participation in the program was effective immediately upon enrollment, with PG&E to incorporate the associated energy savings into the City’s monthly billing cycles when upgrades were completed and in use.
In May 2020, staff began wor king on the proposed FY21 CIP to ensure that the ESCO project was added to the group of CIP projects included for budget adoption. This was a time-sensitive requirement as the contract could not be executed nor could work could begin until the budget was officially adopted. In June 2020, the Council proceeded with the formal adoption of the CIP FY21, thereby officially funding the project and allowing work to commence.
By the end of 2020, work was fully underway on the six project elements that were identified in the ESCO project. As the work progressed, staff coordinated with Syserco to accommodate the scheduling and mobilization of each upgrade/improvement to the various HVAC and LED lighting systems located at City Hall, the Community Center, and Co rporation Yard - as well as City -owned/operated structures, streetlights, and various park sites. Throughout the implementation of the improvements, Syserco utilized their own internal workforce to perform most of the HVAC upgrades at City Hall and the Community Center and enlisted the services of sub -contractors to perform any project labor that was outside of their company’s area of expertise. 16 Packet Pg. 120
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Syserco also managed the coordination efforts with PG&E to ensure that the real -time energy savings accrued t hrough the related upgrades would be incorporated into the City’s monthly billing cycle. This included verifying and tracking PG&E’s adjustment of the City’s billing cycles upon completion of equipment installation and applying those energy savings toward the City’s use of funds provided by the On-Bill financing program for its initial replacement.
In late 2021, Syserco discovered that some of the HVAC equipment’s variable speed replacement motors were no longer available for some of the intended units at the Community Center, while the HVAC upgrades at City Hall were experiencing similar equipment-related issues. Syserco and City staff considered several alternatives that could also be used to capture energy savings. As a result, staff authorized a chang e order in the amount of $112,611 for the newly identified equipment and the associated labor costs. Since the HVAC upgrades were funded through PG&E’s On -Bill Financing program, the change order was submitted for their review and subsequently approved.
The HVAC improvements at the Community Center and City Hall were completed in May 2022. The change in the scope of work was also calculated to result in additional savings of $122,695 over the life of the loan, resulting in a net savings of $10,084 to th e City – as compared to the original proposal.
By June 2022, all six system upgrades of the ESCO project were complete and in use throughout the City’s facilities and structures; including PG&E’s implementation of the energy rates generated by the new equ ipment. However, at that point, staff still had to complete a reconciliation of the project’s LED streetlight conversions to ensure proper billing rates with PG&E. This reconciliation would allow PG&E to bill the proper rate for each location and by the wattage of each fixture. This would also ensure that the City would be credited with the appropriate amount of energy and financial savings. To facilitate the process, the City staff assisted with the collection of reconciliation data for Syserco’s submi ttal to PG&E. In October 2022, Syserco submitted the complete reconciliation of the LED streetlight conversion to PG&E, thus concluding the ESCO project and permitting staff to proceed with its closeout.
FISCAL IMPACT
Although the project required a ch ange order in the amount of $112,611 for the HVAC - related equipment issues, the change in scope resulted in the project qualifying for additional funding through the PG&E On -Bill Financing program – in the amount of $122,695. As such, a budget adjustment was approved by Council on October 18, 2022, reflecting the budgetary changes to the ESCO project. These changes are summarized in the table below:
Energy Services Funding
Source of Funding Proposed Final
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While the City’s change order increased PG&E’s loan amount to $2,539,492, the change in scope and additional funding (including th e projected cost savings) provided sufficient funding to cover both the change order ($112,611) and the City’s initial project contribution ($10,084). As such, the $10,084 of City funding would essentially be ‘re - absorbed’ into the total loan amount secur ed through PG&E’s On -Bill Financing program, resulting in a net zero ($0) cost to the City for any out -of-pocket expenses upon the project’s completion.
ALTERNATIVES
1. Do not accept the improvements at this time and direct staff to take alternative action
Prepared by:
Carina Shattuck, Administrative Analyst I
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
FY 21 CIPR Funding $10,084 $0
PG&E On-Bill Financing $2,416,797 $2,539,492
CEC 1% Energy Efficiency Loan $1,638,168 $1,638,168
Total Project Cost $4,065,049 $4,177,660
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Accept the Energy Conservation Upgrades and Infrastructure Improvements Page 6 of 6 b. Notice of Completion
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RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ACCEPTING THE “ENERGY CONSERVATION UPGRADES AND
INFRASTRUCTURE IMPROVEMENTS FOR PROJECT NO. 21-OO AND DIRECTING
THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION
WHEREAS, in October 2016, the City Council authorized staff to iss ue a Request for Qualifications (RFQ) for an Energy I nvestment Grade Audit of all City -owned facilities; and
WHEREAS, staff issued the RFQ in May 2017 to identify an Energy Services Company (ESCO) interested in performing such an audit and working with the City as its preferred energy services partner; and
WHEREAS, staff selected Syserco Energy Solutions as the preferred service provide; and
WHEREAS, Syserco performed the Investment Grade Audit and identified the following areas as requiring upgrades and/or improvements:
1. Energy Management System upgrades at City Hall and the Community Center;
2. HVAC Unit Replacements at City Hall and the Community Center;
3. HVAC Unit Refurbishments at City Hall and the Community Center;
4. Interior/Exterior LED Lighting Efficie ncy Upgrad es at City Hall , the Community Center, 2nd Street Parking Garage, Corporate Yard, Campbell Museum, Ainsley House and various park sites;
5. Duct work sealing at City Hall; and
6. LED Lighting Retrofit Upgrades o f remaining non -LED City -owned street lights; and
WHEREAS, the cost of the project was originally estimated at $4,065,049; and
WHEREAS, Syserco and City staff identified two pri mary external fu nding sources:
PG&E On -Bill Financing and a loan fr om the California Energy Commission as resources for the project; and
WHEREAS, in February 2020 , the City Council a uthorized the City Manager to enter into an Energy Services contr act with Syserco Energy Solu tions to provide turnkey services for the proposed “Energy Conservation Upgrades and Inf rastructure Improvements” (ESCO) project in an amount not to exceed $4,065, 049; and approved the application for funding t hrough the Ca lifornia Energy C ommission’s Energy Efficiency Loan p rogram, authorizing the Cit y Manager to accept a loan up to $1,638,168; and
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Attachment: Resolution (Accept the Energy Conservation Upgrades and Infrastructure Improvements)
WHEREAS, staff approved a change order in the amount of $112,611 which resulted in additional funding to the project in the amount of $122,611 through the PG&E On-Bill Financing program; and
WHEREAS, in O ctober 20 20, the City Council authorized a budget adjustment recognizing the increase in costs, the increase in funding from PG&E, and a reduction in City funds required to complete the project.
NOW, THEREFORE, BE IT RESOLVED that the City Counci l of th e City of Campbell hereby accepts the improvements constructed by Syserco Energy Solutions for the Energy Conservation Upgrades and Infrastructure Improvement Project No. 21-OO and directs the City Engineer to file the Notice of Completion.
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 (Accept the Energy Conservation Upgrades and Infrastructure Improvements) Revised 1/23/17
Recording Requested by
and when recorded, mail to:
City of Campbell
City Clerk’s Office
70 North First Street, City Hall – Upper Level
Campbell, CA 95008
(408) 866-2150
CITY OF CAMPBELL
NOTICE OF COMPLETION AND ACCEPTANCE
OF PUBLIC WORKS CONTRACT
(C.C.C. 3093)
This document is for the benefit of the City of Campbell. Request for the Recordation without fee is made in accordance with Section 6103 of the Government Code of the State of California.
Contractor’s Name: Syserco Energy Solutions, Inc. Contract Date:6/19/2020 Surety: National Fire Insurance Co. of Hartford
Final Contract
Amount: $4,177,660.00
Job Title: Energy Conservation and Infrastructure Improvements – Project No. 21-OO Location: Various locations in the City of Campbell, California.
Scope of Work: Perform Energy Efficient Investment Grade Audit and identity efficiency upgrades and infrastructure improvements for energy savings including but not limited to energy management system upgrades for various City buildings and LED lighting retrofit upgrades of non-LED City owned streetlights.
Owner: City of Campbell, City Hall, 70 North Street, Upper Level, Campbell, CA 95008
This work was accepted by me on 12/6/2022, on behalf of the City of Campbell. I certify under penalty of perjury that the foregoing is true and correct. (C.C.P. 2015.5)
Executed on __________________,
at Campbell, California
Amy Olay, City Engineer
Department of Public Works
City of Campbell
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Attachment: Notice of Completion (Accept the Energy Conservation Upgrades and Infrastructure Improvements)
City
Council
Report
TITLE: Amendment to the Classification and Salary Plan – Recreation Program Coordinator and Police Officer (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt the Resolution amending the Classification and Salary Plan for Recreation Program Coordinator and Police Officer.
DISCUSSION
As recruitments become necessary, Human Resources continues to revise and update job descriptions as approp riate, spe cifically related to Americans with Disability Act (ADA), Equal Opportunity Employment (EOE) language, updated duties, employment standards, certifications, and new legislation. T wo job classification updates are recommended in this report pert aining to the Recreation and Community Services Department and Police Department.
RECREATION AND COMMUNITY SERVICES DEPARTMENT:
1. Update the Job Specifications for Recreation Program Coordinator
A recruitment for Recreation Program Coordinator will take place in early January 2023. In preparation for this recruitment the job specification was reviewed, and it is recommended to revise the job description since the last amendment in 1997. Updates to the job specification reflect the industry standard certification requirements and additional typical duties of encompassing coordination of Campbell Community Center rentals, field allocations and the Youth Commission. Additionally, language for ADA and EOE declaimers were included.
POLICE DEPARTMENT:
2. Update the Job Specification for Police Officer
Recently legislation went into effect impacting the job specifications of a Police Officer. The provisions of Senate Bill 2 and Assembly Bill 89 are required by law to be included in the job specifications. The last amendment for this job Item: 17
Category: CONSENT CALENDAR
Meeting Date: December 6, 2022
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Amendment to the Classification and Salary Plan Page 2 of 2 description was in December 2002. It is required by legislation that certification and employment criteria be updated to align with the l aw and applicants must hold a current and valid Basic certificate from the Commission o n Peace Officer Standards Training (POST), except for provisional employment for up to 24 months of individuals awaiting certification and that the minimum age for Peace Officers be added to the job specifications . Additionally, language for Americans with Disabilities Act (ADA) and Equal Employment Opportunity (EOE) declaimers were included.
FISCAL IMPACT
There are no fiscal impact s as the salary levels of the two positions above are not proposed to be adjusted.
ALTERNATIVES
1. Do not amend the Classification and Salary Plan by modifying the attached class specifications.
Prepared by:
Jenny Le, HR Manager
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Recreation Program Coordinator_ Redlined
c. Recreation Program Coordinator_Clean Version
d. Police Officer Redlined
e. Police Officer_Clean Version
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RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
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, Sectio n 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 P rogram Coordinator and Police Officer.
PASSED AND ADOPTED this 6th day of December 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 (Amendment to the Classification and Salary Plan) Recreation Program Coordinator
file:///S|/HR/JobDescriptions/RecProgCoord.htm[1/15/2014 9:08:39 AM]
CITY OF CAMPBELL Updated: December 6, 2022
RECREATION PROGRAM COORDINATOR
DEFINITION
Under supervision, to plan and organize a variety of services, programs and activities related to an assigned division s (Youth, Teens, Community Center, Senior Services, or Sports, Aquatics, and or Fitness) of the Recreation and Community Services Department; and to do related work as required.
TYPICAL DUTIES
Plan, schedule, implement and evaluate a variety of division programs which may include special interest classes, recreation programs, special events, trips and excursions, holiday events, aquatics programs, Community Center rentals, field allocations, fitness activities, sports leagues Youth Commission and summer camps; may recruit, select, train, supervise and evaluate temporary part time and seasonal personnel; schedules use of facilities and assists with registration; works with other agencies and community groups to develop programs; develops public information and publicity material and other related informational materials; prepares written reports and maintains records; may supervise use of departmental equipment and facilities; and performs other related duties as required.
EMPLOYMENT STANDARDS
Education and Experience: Education and Graduation from an accredited college or university with major work.
Experience i : inn recreation/leisure services or closely related field. Responsible experience related to the assigned program area is desirable. (Experience closely related to assigned program area may be substituted on a year for year basis for up to two years of the required education. A minimum of 60 semester units towards a recreation/leisure services or closely related degree would still be required.)
Knowledge of: Basic recreation programming principles; effective organizational and leadership techniques; good interpersonal and public relations skills.
Ability to: Organize and conduct recreational activities; work with a variety of community groups and the general public; determine program needs and demands; speak and write effectively; work with a minimum of supervision; prepare and maintain records and reports.
Possession of: Valid California Driver's License.
License or Certificate: Sports, Aquatics, and Fitness position: Proof of the following four certifications is required by no later than the end of the six- month probationary period:
- Certification in CPR, AED, and First Aid
1- -Ellis & Associates National Pool & Waterpark Lifeguard Training nstructor Certification.
2- -Level I American Swim Coaches Association Certification.
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Attachment: Recreation Program Coordinator_ Redlined (Amendment to the Classification and Salary Plan) Recreation Program Coordinator
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3- -CPR, AED and First Aid Certification.
4- -Aerobics Certification--Options are:
a) AFAA Primary Certification; or b) ACE Certification; or c) Pipeline Aerobics Certification; or d) DeAnza College Aerobics Certification.
When assigned to the aquatics division proof of the following certification is required no later than the end of the six-month probationary period or six months after assignment:
Certification in Red Cross Lifeguard Certification
Special Requirements: Typical duties require the following physical abilities and work environment:
General office environment, attend meetings at various sites within and away from the City, and have the availability to work off-hour shirts and events as required; sit and/or stand for long periods of time, repetitive keyboarding; reach, squat, lift, and carry up to 40 pounds; mobility to lead groups in activities; ability to work outdoors in a variety of weather and temperature conditions; vision to read printed materials and a computer screen hearing and speech to communicate in person and over telephone and/or computer.
In compliance with the American with Disabilities Act, the City of Campbell will provide reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the Human Resources Division.
The City of Campbell is an Equal Opportunity Employer
Est. ’85
Rev. ’91,’97, ‘22
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Attachment: Recreation Program Coordinator_ Redlined (Amendment to the Classification and Salary Plan) Recreation Program Coordinator
file:///S|/HR/JobDescriptions/RecProgCoord.htm[1/15/2014 9:08:39 AM]
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Attachment: Recreation Program Coordinator_ Redlined (Amendment to the Classification and Salary Plan) Recreation Program Coordinator
CITY OF CAMPBELL Updated: December 6, 2022
RECREATION PROGRAM COORDINATOR
DEFINITION
Under supervision, to plan and organize a variety of services, programs and activities related to assigned divisions (Youth, Teens, Community Center, Senior Services, S p o r t s, Aquatics, and or Fitness) of the Recreation and Community Services Department; and to do related work as required.
TYPICAL DUTIES
Plan, schedule, implement and evaluate a variety of division programs which may include special interest classes, recreation programs, special events, trips and excursions, holiday events, aquatics programs, Community Center rentals, field allocations, fitness activities, sports leagues Youth Commission and summer camps; may recruit, select, train, supervise and evaluate temporary part time and seasonal personnel; schedules use of facilities and assists with registration; works with other agencies and community groups to develop programs; develops public information and publicity material and other related informational materials; prepares written reports and maintains records; may supervise use of departmental equipment and facilities; and performs other related duties as required.
EMPLOYMENT STANDARDS
Education and Experience: Education and Graduation from an accredited college or university with major work. Experience i n recreation/leisure services or closely related field.
Responsible experience related to the assigned program area is desirable. (Experience closely related to assigned program area may be substituted on a year for year basis for up to two years of the required education. A minimum of 60 semester units towards a recreation/leisure services or closely related degree would still be required.)
Knowledge of: Basic recreation programming principles; effective organizational and leadership techniques; good interpersonal and public relations skills.
Ability to: Organize and conduct recreational activities; work with a variety of community groups and the general public; determine program needs and demands; speak and write effectively; work with a minimum of supervision; prepare and maintain records and reports.
Possession of: Valid California Driver's License.
License or Certificate: Proof of the following certification is required no later than the end of the six- month probationary period:
Certification in CPR, AED, and First Aid
When assigned to the aquatics division proof of the following certification is required no later than the end of the six-month probationary period or six months after assignment:
Certification in Red Cross Lifeguard
Special Requirements: Typical duties require the following physical abilities and work environment:
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Attachment: Recreation Program Coordinator_Clean Version (Amendment to the Classification and Salary Plan) Recreation Program Coordinator
General office environment, attend meetings at various sites within and away from the City, and have the availability to work off-hour shirts and events as required; sit and/or stand for long periods of time, repetitive keyboarding; reach, squat, lift, and carry up to 40 pounds; mobility to lead groups in activities; ability to work outdoors in a variety of weather and temperature conditions; vision to read printed materials and a computer screen hearing and speech to communicate in person and over telephone and/or computer.
In compliance with the American with Disabilities Act, the City of Campbell will provide reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the Human Resources Division.
The City of Campbell is an Equal Opportunity Employer
Est. ’85
Rev. ’91,’97, ‘22
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Attachment: Recreation Program Coordinator_Clean Version (Amendment to the Classification and Salary Plan) CITY OF CAMPBELL Updated: December 6, 2022
POLICE OFFICER
DEFINITION
Under supervision, to perform law enforcement and crime prevention work; to control traffic flow, and enforce State and local traffic regulations, to perform investigative work; to participate in and provide support and assistance to special department crime prevention and enforcement programs; to perform a variety of technical law enforcement tasks, and to do other work as required.
TYPICAL DUTIES
Enforces Federal, State and Municipal laws and ordinances; performs patrol duties in cars, on motorcycles or bicycles, and on foot as required; enforces State and local traffic laws to regulate traffic, and investigates accidents; answers calls for service and the protection of life and property; makes arrests as required and testifies in court; performs crime prevention duties and community relations activities; collect, preserve, and present evidence using scientific identification techniques, interview victims, complainants, and witnesses, serve warrants and subpoenas within the department and with outside agencies; provide functional guidance to clerical staff involved in warrant processing; keep up-to-date on laws and procedures required for processing warrants; Transport prisoners; retrieve and request information involving arrests and subpoenas; submit reports on complaints and perform other work related to the processing of misdemeanor and felony complaints; interfaces with all City departments to insure the utmost service to the citizens of Campbell; prepares reports; services and maintains departmental equipment; may relieve or assist Records or Communications personnel; administer first aid as necessary. .
EMPLOYMENT STANDARDS
Education & Experience: Completion of 60 semester units or 90 quarter units from an accredited college or university. (college units must be completed at time of application) Completion of a POST approved basic academy. No experience required.
Ability to: Learn laws of arrest and pertinent local, State and Federal laws and reasonably interpret the technical
concepts of law; use and care for firearms; remember
names, faces, numbers, incidents, and places, and judge situations and persons accurately; work on own initiative without exacting supervision; learn to operate special
equipment such as motorcycles and bicycles;
communicate utilizing standard police radio broadcasting procedures; follow oral and written instructions; prepare complete and accurate reports; establish and maintain
effective public relations, and work cooperatively with Formatted: Left
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Attachment: Police Officer Redlined [Revision 1] (Amendment to the Classification and Salary Plan) others;. maintain impartiality, transparency, and make
accurate observations; demonstrate leadership and
control in volatile, rapidly changing environment, function effectively under stress; eExercise good judgment; read and comprehend legal documents, law enforcement
manuals, and court decisions; read standard street and
highway maps; follow instructions; function effectively under stress; project authority; observe accurately;
perform repeated strenuous physical exertion; write
reports and correspondence; communicate effectively
orally; communicate with all types of people; and meet
State of California POST medical and physical standards for law enforcement personnel.
Possession of: Valid California Driver's License
POST Academy Graduation CertificateMust hold a
current and valid Basic certificate from POST, except for provisional employment for up to 24 months of
individuals awaiting certification.
Certification in CPR, AED, and First Aid Card & CPR
Certificate
Other Requirements: Must be at least 21 years of age per Peace Officer Standards and Training (P.O.S.T) and AB-89 Peace
Officers: Minimum Qualifications
Supplemental Information: In compliance with the American with Disabilities Act, the City of Campbell will provide reasonable accommodation
to qualified individuals with disabilities and encourages both prospective and current employees to discuss
potential accommodations with the Human Resources
Division.
The City of Campbell is an Equal Opportunity Employer
Rev. ’68,’74,’88, ’02, ’2212/2022
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Attachment: Police Officer Redlined [Revision 1] (Amendment to the Classification and Salary Plan) CITY OF CAMPBELL Updated: December 6, 2022
POLICE OFFICER
DEFINITION
Under supervision, to perform law enforcement and crime prevention work; to control traffic flow, and enforce State and local traffic regulations, to perform investigative work; to participate in and provide support and assistance to special department crime prevention and enforcement programs; to perform a variety of technical law enforcement tasks, and to do other work as required.
TYPICAL DUTIES
Enforces Federal, State and Municipal laws and ordinances; performs patrol duties in cars, on motorcycles or bicycles, and on foot as required; enforces State and local traffic laws to regulate traffic, and investigates accidents; answers calls for service and the protection of life and property; makes arrests as required and testifies in court; performs crime prevention duties and community relations activities; collect, preserve, and present evidence using scientific identification techniques, interview victims, complainants, and witnesses, serve warrants and subpoenas within the department and with outside agencies; provide functional guidance to clerical staff involved in warrant processing; keep up-to-date on laws and procedures required for processing warrants; Transport prisoners; retrieve and request information involving arrests and subpoenas; submit reports on complaints and perform other work related to the processing of misdemeanor and felony complaints; interfaces with all City departments to insure the utmost service to the citizens of Campbell; prepares reports; services and maintains departmental equipment; may relieve or assist Records or Communications personnel; administer first aid as necessary.
EMPLOYMENT STANDARDS
Education & Experience: Completion of 60 semester units or 90 quarter units from an accredited college or university. (college units must be completed at time of application) Completion of a POST
approved basic academy. No experience required.
Ability to: Learn laws of arrest and pertinent local, State and Federal laws and reasonably interpret the technical
concepts of law; use and care for firearms; remember
names, faces, numbers, incidents, and places, and judge situations and persons accurately; work on own initiative without exacting supervision; learn to operate special
equipment such as motorcycles and bicycles;
communicate utilizing standard police radio broadcasting procedures; follow oral and written instructions; prepare complete and accurate reports; establish and maintain
effective public relations, and work cooperatively with others; maintain impartiality, transparency, and make
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Attachment: Police Officer_Clean Version [Revision 1] (Amendment to the Classification and Salary Plan) accurate observations; demonstrate leadership and
control in volatile, rapidly changing environment, function effectively under stress; exercise good judgment; read and comprehend legal documents, law enforcement
manuals, and court decisions; read standard street and
highway maps; follow instructions; function effectively under stress; project authority; observe accurately;
perform repeated strenuous physical exertion; write
reports and correspondence; communicate effectively
orally; communicate with all types of people; and meet
State of California POST medical and physical standards for law enforcement personnel.
Possession of: Valid California Driver's License
Must hold a current and valid Basic certificate from
POST, except for provisional employment for up to 24
months of individuals awaiting certification.
Certification in CPR, AED, and First Aid
Other Requirements: Must be at least 21 years of age per Peace Officer Standards and Training (P.O.S.T) and AB-89 Peace
Officers: Minimum Qualifications
Supplemental Information: In compliance with the American with Disabilities Act, the City of Campbell will provide reasonable accommodation
to qualified individuals with disabilities and encourages both prospective and current employees to discuss
potential accommodations with the Human Resources
Division.
The City of Campbell is an Equal Opportunity Employer
Rev. ’68,’74,’88, ’02, ’22
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Attachment: Police Officer_Clean Version [Revision 1] (Amendment to the Classification and Salary Plan)
City
Council
Report
TITLE: Approve an Amendment to the Consultant Services Agreement with Maze & Associates for Payroll Operations Support and System Implementation Services and Appr ove a Corresponding Budget Adjustment (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution authorizing the City Manager to approve and execute an amendment to the Consultant Services Agreement with Maze & Associates for payroll operations support and system implementation services and authorizing a corresponding budget adjustment.
BACKGROUND
On September 20, 2022, the City Council adopted Resolution 12892, which authorized the City Manager to enter into a three-year licensing agreement for the implementation and use of the NEOGOV Human Resources Information System (HRIS) and Payroll platform. Additionally, Resolution 12892 also authorized a FY 2023 budget adjustment to account for estimated outside support costs of $75,000 that would be needed to ensure that day -to-day HR and Payroll functions were still performed timely without interruption while internal staff dedicate d a significant portion of their workdays to implementation efforts. Staff estimated 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. As a result, the City subsequently entered i nto a one-year agreement with Maze & Associates on September 21, 2022 for payroll operations support and system implementation services in an amount not to exceed $49,999. This agreement is shown as Attachment C. As City Council may recall, Maze & Associates is a highly respected audit and accounting services firm that previously provided exceptional payroll operations support and other accounting services to the City in early 2019 due to several vacancies within the Finance Department at that time. And fortunately, Maze & Associates recently hired a highly qualified payroll professional with over 10 years experience; having worked for several public agencies and private companies.
DISCUSSION
The original intent of the agreement with Maze & Associates w as to provide limited two to three days per week operational support in payroll while internal staff dedicated a Item: 18
Category: CONSENT CALENDAR
Meeting Date: December 6, 2022
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significant portion of their workdays to new system implementation efforts.
Unfortunately, the City’s one and only Payroll Accounting Technician resigned from the City to take a promotional opportunity closer to home effective November 11, 2022.
Thus, the Finance Department was required to pivot and is instead having the contractual employee from Maze & Associates provide operational support five days per week until the Payroll Accounting Technician position can be permanently filled.
The recruitment for Payroll Accounting Technician opened on November 23 and closes on December 30 , 2022 . External and internal panel interviews will be schedule d for January 2023. And i f all goes well and qualified candidates apply , it is anticipated that the position will be fill ed permanently by mid -February 2023; at which time the contractual employee from Maze & Associates will shift their focus to training the new employee and then implementing the NEOGOV system through end of June 2023. The contractual employee also has systems implementation experience and is using their time performing day -to-day payroll duties to learn and assess current processes and determine where improvements could be incorporated into the new NEOGOV system.
However, in order to fully provide these services through June 30, 2022, the agreement with Maze & Associates will need to be increased from $49,999 to $195,000; thereby requiring approval by the City Council. For reference, the contractual employee from Maze & Associates has a rate of $150 per hour plus mileage from Maze & Associates ’ Walnut Creek offices . The latter is not charged every day since the contractual employee also works 3 days per week remotely. While this is more than the City was intending to spend with Maze & Associates, it is unfortunately necessary due to the current vacancy in payroll and the continued need of outside support to implement the NEOGOV system. Nevertheless, there will also be salary savings of approximately $23,000 in FY 2023 due to an estimated three (3) month vacancy in the Payroll Accounting Technician position; offset by accrued leave cash outs of the former incumbent. Thus, in addition to the proposed contractual amendment with Maze & Associates ( Attachment B), staff is also requesting a FY 2023 budget adjustment of $97,000 (Attachment D); to be supported by a transfer from the City’s ARPA Fund (#221) to the City’s General Fund (#101). This is consistent with previous Council approval of Resolution 12892, which also shifted monies from the ARPA Fund to the General Fund to support the use of outside payroll support during the NEOGOV implementation. In addition to shifting funds from the ARPA Fund, the proposed budget adjustment also shifts the $23,000 in estimated salary savings to contractual services.
FISCAL IMPACT
In FY 2023, the City has the following costs budgeted for payroll staffing and system implementation support services:
• Salary and Benefits: $140,966
• Contractual Services: $75,000
TOTAL: $215,966
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Additionally, the City currently has a contractual agreement with Maze & Associates to provide payroll operations support and system implementation services in an amount not to exceed $49,999.
Through resolution (Attachment A), staff is requesting that the agreement with Maze & Associates be amended to $195,000 to account for necessary services through June 30, 2022; an increase of approximately $145,000. $25,000 of this wi ll be supported by the remaining Contractual Services budget and $23,000 will be supported by estimated salary savings in the Payroll Accounting Technician position; thereby requiring a budget adjustment of $97,000 to be supported by a transfer from the City’s ARPA Fund (#221) to the City’s General Fund (#101). The ARPA Fund has sufficient balance to support this recommended action.
ALTERNATIVES
1. Do not approve the request for contract amendment and budget adjustment, but instead direct staff to look at other options to cover daily payroll operations.
2. Provide staff with other direction.
Prepared by:
Will Fuentes, Finance Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Exhibit 1 - Amendment #1 (Maze & Associates Payroll Support 12-06-22) c. Exhibit 2 - Original Executed Agreement (Maze & Associates 09-21-22) d. Exhibit 3 - Budget Adjustment Form
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE AN
AMENDMENT TO THE CONSU LTANT SERVICES AGREEMENT WITH MAZE & ASSOCIATES FOR PAYROLL OPERATIONS SUP PORT AND SYSTEM
IMPPLEMENTATION SERVIC ES AND AUTHORIZING A CORRESPO NDING
BUDGET ADJUSTMENT
WHEREAS, on September 20, 2022, the City Council adopted Resolution 12892, which authorized the City Manager to enter into three -year licensing agreement for the implementation and use of the N EOGOV Human Resources Information System (HRIS) and Payroll platform; and
WHEREAS, Resolution 12892 also authorized a FY 2023 budget adjustment to account for estimated outside support costs of $75,000 that would be needed to ensure that day -to-day HR and Payroll functions were still performed timely without interruption while internal staff dedicated a significant portion of their workdays to implementation efforts; and
WHEREAS, the City subsequently entered into a one-year agreement with Maze & Associ ates on September 21, 2022 for payrol l operations support and system implementation services in an amount not to exceed $49,999; and
WHEREAS, The City’s one and only Payroll Accounting Technician resigned from the City to take a promotional opportunity c loser to home effective November 11, 2022; and
WHEREAS, the City now has the need to amend it is agreement with Maze & Associates by approximately $145,000 and b ring it up to $195,000 tot al to prov ide additional payroll operational support due to this va cancy and to provide further payroll system implementation services during FY 2023.
WHEREAS, to cover these additional costs in FY 2023, staff recommends utilizing a remaining budget balance of $25,000 for contractual services, shifting $97,000 from the City’s American Rescue Plan Act (ARPA) Fund (#221) to the General Fund (#101), and shifting $23,000 in salary savings to th e Fin ance Department’s contractual services account; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby authorize the City Manager to approve and execute an amendment to the Consultant Services Agreement with Maze & Associates for payroll operations support and system implementation services (shown as Exhibit 1 and incorporated by reference) and authorizes a corresponding budget adjustment (shown as Exhibit 3 and incorporated by reference).
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Attachment: Resolution (Contract Amendment for Maze & Associates) PASSED AND ADOPTED this 6th day of December, 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 (Contract Amendment for Maze & Associates)
AMENDMENT TO CONTRACT SERVICES AGREEMENT
AMENDMENT #1
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2140
This Amendment to Contract Services Agreement (hereinafter “A mendment”) amends the Consultant Services Agreement (hereinafter “Agreement”) to provide Accounting Services for payroll operations support and system implementation for the City of Campbell originally entered into on the 21st day of September 2022, by and between the City of Campbell (a Municipal Corporation, hereinafter referred to as “City”) and Maze & Associates (a California Corporation, hereinafter referred to as “Consultant”).
As provided for under the terms of this Amendment, the City and Consultant agree to amend the following provisions of the Agreement as follows:
• Compensation. The compensation under Section 3.1 has a maximum contract obligation amount of $49,999. I ncluded as Exhibit 2 is the Consultant Services Agreement ; in which the maximum contract obligation amount s hall be repealed and replaced with a $ 195,000 maximum contract obligation.
All other terms and conditions as set forth in the Agreement shall remain in effect.
Signature Warranty:
The undersigned are authorized to represent and enter into this Amendment on behalf of the Consultant.
This Amendment to the Consultant Services Agreement shall become effective upon its execution by the City, in witness whereof, the parties have executed this Amendment the day and year first written above.
CONTRACTOR CITY OF CAMPBELL
By: By:
Name: Katherine Yuen Krisch, CPA Name: Brian Loventhal
Title: Partner Title: City Manager
Date: Date:
Attachments:
Exhibit 2– OCC – Consultant Service Agreement
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Attachment: Exhibit 1 - Amendment #1 (Maze & Associates Payroll Support 12-06-22) (Contract Amendment for Maze & Associates)
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Attachment: Exhibit 2 - Original Executed Agreement (Maze & Associates 09-21-22) (Contract Amendment for Maze & Associates)
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Attachment: Exhibit 2 - Original Executed Agreement (Maze & Associates 09-21-22) (Contract Amendment for Maze & Associates)
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Attachment: Exhibit 2 - Original Executed Agreement (Maze & Associates 09-21-22) (Contract Amendment for Maze & Associates)
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Attachment: Exhibit 2 - Original Executed Agreement (Maze & Associates 09-21-22) (Contract Amendment for Maze & Associates) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.
December 6, 2022 BA-14
Budget to be Reduced
Fund/Program Account Number Description Amount
EXPENDITURES
101.535 7001 Personnel - Regular 23,000
Budget to be Increased
Fund/Program Account Number Description Amount
REVENUES
101.980 6899 Transfer In 97,000
EXPENDITURES
221.980 9899 Transfers Out 97,000$
101.535 7432 Other Contractual Services 120,000
REASON FOR REQUEST - BE SPECIFIC:
Finance Director City Manager
Finance Department
Will Fuentes Brian Loventhal
To transfer $97,000 from the American Rescue Plan Act (ARPA) Fund to the General Fund to further support day-to-day payroll functions due to a staffing vacancy. Requests also shifts salary savings to contractual service costs. 535 - Accounting
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Attachment: Exhibit 3 - Budget Adjustment Form (Contract Amendment for Maze & Associates)
City
Council
Report
TITLE: Resolution Reviewing and Accepting the Annual Developer Fee Disclosure Information for the Environmental Services Fee, Parkland Dedication Fee, and Vehicle Impact Fee and Making Five -Year Findings for the Parkland Dedication Fee and Vehicle Impact Fee for the Fiscal Year Ended June 30, 2022 Pursuant to California Government Code (GC) Section 66001 (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the Cit y Council adopt a resolution consistent with the Mitigation Fee Act (AB - 1600) to review and accept the annual developer fee disclosure information for the Environmental Services Fee, Parkland Dedication Fee, and Vehicle Impact Fee and make five-year findings for the Parkland Dedication Fee and Vehicle Impact Fee for the Fiscal Year ended June 30, 2022 pursuant to California Government Code (GC) Section 66001.
BACKGROUND
California Government Code Section 66000 et seq. (“Mitigation Fee Act”) requires local agencies to provide an accounting of fees charged for development projects. Effective January 1, 1989, AB -1600 required new accounting guidelines for the imposition and use of such fees. Effective January 1, 1997, SB -1693 further amended and expanded the provisions of the Code with respect to the accounting and reporting requirements.
The City has two basic accounting and reporting responsibilities under the Government Code. Section 66001(d) requires that, five years after collecting a development fee subject to this Code section and every five years thereafter, the local agency shall make findings with respect to any portion of the fee remaining unexpended, whether committed or uncommitted. If the required findings are not made, the unexpended funds shall be refunded to the current property owners.
These five-year findings must:
1. Identify the purpose of the fee;
2. Demonstrate a reasonable relationship between the fee and the purpose for which it was charged;
3. Identify all sources and amounts of funding antic ipated to complete financing of incomplete improvements; and
4. Designate the approximate dates on which these funding sources can be Item: 19
Category: CONSENT CALENDAR
Meeting Date: December 6, 2022
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Annual Status Report on Project Development Fees (AB-1600) Page 2 of 4 expected to be deposited into the appropriate account or fund.
When sufficient funds have been collected to complete financi ng on incomplete public improvements, the local agency has 180 days to identify an approximate date by which the construction of the public improvement will begin or else is required to refund the unexpended fees, including accrued interest, to the current owner of lots or units of the development project.
For the Fiscal Year ended June 30, 2022 (FY 2022), the City needs to make five -year findings for the remaining unexpended fee proceeds for the Parkland Dedication Fee and the Vehicle Impact Fee. Five -year findings are not required under the Government Code for the Environmental Services Fee. The second requirement set forth under Government Code Section 66006(b)(1) provides that each local agency is required on an annual basis, for each separate account, to make available to the public the following information:
1. Brief description of the type of fee in the account;
2. The amount of the fee;
3. The account’s beginning and ending balance;
4. The amount of fees collected and the interest earned;
5. A description of the improvements on which the funds were expended and the amount expended on each improvement including the percentage of the improvement funded with development fees;
6. An approximate date by which the construction of a public improvement will begin if the loca l agency determines that sufficient funds have been collected to complete financing on the incomplete improvement;
7. A description of each inter-fund transfer or loan made from the account;
8. The amount of any refunds made pursuant to Code Section 66001.
The City deposits impact fees subject to the above disclosure in the Environmental Services Fund (209), the Parkland Dedication Fund (295), and the Vehicle Impact Fund (202) to track these development related fees. Interest income is allocated to each fund based on their respective monthly cash balances. Expenditures from these funds were in the form of capital improvement projects to either renovate existing facilities or maintain the existing level of service, consistent with the General Plan and approved Capital Improvement Plan, due to increased demand related to development projects.
DISCUSSION
Annual reports, which are shown as Exhibits to the resolution accompanying this staff report (Attachment A) , summarize the FY 2022 fund activity for the Environmen tal Services Fee (Exhibit 1) , the Parkland Dedication Fee (Exhibit 2) , and the Vehicle Impact Fee (Exhibit 3) . The reports show the amount of fees collected in FY 2022, interest income, a brief description of the projects funded, the percentage of the projects funded by the development fees, and the beginning and ending balance of the funds.
Table 1 below shows the beginning fund balance, revenues received, expenditures, and 19 Packet Pg. 175
Annual Status Report on Project Development Fees (AB-1600) Page 3 of 4 ending fund balance for each impact fee for FY 2022. The plan to expend the availab le ending fund balances for the various fees is outlined in the attached reports.
Table 1 – Fund Balance Summary
FY 2022 Environmental
Services (209)*
Parkland
Dedication (295)
Vehicle Impact
(202)
Beg. Fund Balance $323,089 $4,501,326 $548,279
Revenues 20,602 552,587 259,117
Expenditures 674 (1,749,192) (467,530)
End. Fund Balance $343,017 $3,304,721 $339,866
* Annual reporting for the Environmental Services Fee is subject to Government Code Section 66013, however those reporting requirements are s ubstantially similar to the annual reporting requirements under Government code section 66006 and are referred to collectively here for convenience.
Additional reports, which are also shown as Exhibits to the resolution accompanying this staff report (Attachment A) , include Five -Year Findings Reports for the Parkland Dedication Fee (Exhibit 4) and the Vehicle Impact Fee (Exhibit 5) . These reports identify the purpose of each fee, demonstrate the reasonable relationship between the fee and the purpose for which the fee was charged, identify the sources and amounts of funding anticipated to complete financing of improvements and designate approximate dates on which these funding sources can be expected. Again, five -year findings are not required under the G overnment Code for the Environmental Services Fee and have not been provided.
FISCAL IMPACT
There is no fiscal impact for reviewing and accepting this report and approving the resolution and related exhibits. The preparation of this report and resolution is an annual recurring process that is included within current City services and whose time and costs have been built into the FY 2023 Operating Budget.
Prepared by:
Will Fuentes, Finance Director
Approved by:
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Brian Loventhal, City Manager
Annual Status Report on Project Development Fees (AB-1600) Page 4 of 4 Attachment:
a. Resolution AB-1600 FY 2022
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RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL REVIEWING AND ACCEPTING ANNUAL DEVELOPMENT
FEE DISCLOSURE INFORMATION FOR THE ENVIRONMENTAL SERVICES FEE,
PARKLAND DEDICATION FEE, AND VEHICLE IMPACT FEE AND MAKING FIVE-
YEAR FINDINGS FOR THE PARKLAND DEDICATION FEE AND VEHICLE IMPACT FEE FOR THE FISCAL YEAR ENDED JUNE 30, 2022 PURSUANT TO CALIFORNIA GOVERNMENT CODE (GC) SECTION 66001
WHEREAS, the Mitigation Fee Act, Government Code Section 66000 et seq., authorizes the City of Campbell (“City”) to impose, collect, and expend mitigation fees to offset the impacts of development within the City; and
WHEREAS, pursuant to its authority under the Mitigation Fee Act (Government Code §§ 66000 et seq.) the City Council established, adopted, and imposed an Environmental Services Fee , a Parkland Dedication Fee, and a Vehicle Impact Fee (collectively, the “Fees”); and
WHEREAS, the City has deposited all Fees in separate non -commingled funds (“Funds”) established for such a purpose; and
WHEREAS, the City has made available to the public within one hundred eighty (180) days following the last day of the fiscal year the annual accounting information (“Annual Report”) required by the Mitigation Fee Act related to each of the Fees and Five Year Reports with respect to the Parkland Dedication Fee and Vehicle Impact Fee; and
WHEREAS, the City has mailed notice at least fifteen (15) days prior to this meeting to all interested parties who have requested notice of any meeting relative to the City’s imposition of the Fees and has held a duly noticed, regularly scheduled public meeting at which oral and written testimony was received regarding the Annual Reports and the Five Year Reports not less than fifteen (15) days af ter the City made this information publicly available.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Campbell hereby finds and determines as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. In accordance with Government Code Section 66006(b), the City Council has reviewed and approves the Annual Reports for each of the Fees, which are attached to this Resolution as Exhibits 1-3, and are also placed on file with the City Clerk. The Council, based upon the information contained in the Annual Report and the remaining need for the unexpended funds, finds as follows:
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Attachment: Resolution AB-1600 FY 2022 (Annual Status Report on Project Development Fees (AB-1600)) Resolution - Development Impact Fees (AB-1600)
a. That each of the Annual Reports describe the types of Fees contained in each Funds, including the amount of the fees, the beginning and ending balance of the Funds, as well as the amount of fees collected, and the interest earned thereon.
b. That each of the Annual Reports identifies each public improvement on which the Fees were expended, the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the Fees.
c. That there were interfund transfers or loans made from the Funds, as noted.
d. That sufficient funds have not been collected to complete the financing of any incomplete public improvement, and that there were no refunds or allocations made of the Fees.
3. In accordance with Government Code Section 66001(d), the City Council has reviewed the F ive-Year Report for the Parkland Dedication Fee which is attached to this Resolution as Exhibit 4 and also on file with the City Clerk. The City Council finds, based on the information in the Five-Year Report, as follows:
a. Pursuant to Government Code Subsection 66001(d)(1)(A), the Five - Year Report identifies, by reference to City of Campbell Parks and Recreation Quimby Act Fee Update dated December 9, 2019 and the City’s Capital Improvement Program 2022-2026, the purpose to which all unexpended fees, whether committed or uncommitted, contained in the Parkland Dedication Fund will be put; and
b. Pursuant to Government Code Subsection 66001(d)(1)(B), the Five - Year Report demonstrates , by reference to the City of Campbell Parks and Recreation Qui mby Act Fe e Update dated December 9, 2019 , a reasonable relationship between the unexpended fees contained in the Parkland Dedication Fund and the purposes to which such fees will be put; and
c. Pursuant to Government Code Subsection 66001(d)(1)(C), the Five-Year Report identifies all sources and amounts of funding anticipated to complete financing of incomplete improvements or projects; and
d. Pursuant to Government Code Subsection 66001(d)(1)(D), the Five-Year Report identifies that the approximate dates upon which the funding for such incomplete improvements or projects will be deposited in the Parkland Dedication Fund account are unknown; and
e. There remain unexpended funds from the Parkland Dedication Fee
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Attachment: Resolution AB-1600 FY 2022 (Annual Status Report on Project Development Fees (AB-1600)) Resolution - Development Impact Fees (AB-1600)
which are still necessary to complete the purposes for which they were collected.
4. In accordance with Government Code Section 66001(d), the City Council has reviewed the Five-Year Report for the Vehicle Impact Fee which is attached to this Resolution as Exhibit 5 and also on file with the City Clerk. The City Council finds, based on the information in the Five-Year Report, as follows:
a. Pursuant to Government Code Subsection 66001(d)(1)(A), the Five Year Report identifies, by reference to the City of Campbell Road Maintenance Fees Analysis, dated June 2007 , the purpose to which all unexpended fees, whether committed or uncommitted, contained in the Vehicle Impact Fund will be put; and
b. Pursuant to Government Code Subsection 66001(d)(1)(B), the Five - Year Report demonstrates, by reference to the City of Camp bell Road Maintenance Fees Analysis, dated June 2007, a reasonable relationship between the unexpended fees contained in the Vehicle Impact Fund and the purposes to which such fees will be put; and
c. Pursuant to Government Code Subsection 66001(d)(1)(C), th e Five - Year Report identifies all sources and amounts of funding anticipated to complete financing of incomplete improvements or projects; and
d. Pursuant to Government Code Subsection 66001(d)(1)(D), the Five - Year Report identifies that the approximate dates upon which the funding for such incomplete improvements or projects will be deposited in the Vehicle Impact Fund account are unknown; and
e. There remain unexpended funds from the Vehicle Impact Fee which are still necessary to complete the purposes for which they were collected.
5. Pursuant to these findings, and at this time, there shall not be a refund of any unexpended Fees.
PASSED and ADOPTED this ______ day of __________, ________, by the following roll call vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
APPROVED:
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Attachment: Resolution AB-1600 FY 2022 (Annual Status Report on Project Development Fees (AB-1600)) Resolution - Development Impact Fees (AB-1600)
______________________________
Paul Resnikoff, Mayor
ATTEST:
______________________________
Andrea Sanders, City Clerk
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Attachment: Resolution AB-1600 FY 2022 (Annual Status Report on Project Development Fees (AB-1600)) Resolution - Development Impact Fees (AB-1600)
Exhibit 1
City of Campbell
Annual Report of Development Fees and Expenditures for the Fiscal Year ended June 30, 2022
Environmental Services Fee
Description:
Fees paid by developers to design, install and improve storm drains for new storm drain projects throughout the City.
Fee:
The amount of the fee as of June 30, 2022:
Area Covered Type of Use Fee
Citywide R‐1 Land Use $2,120 per acre
Multi‐Family Residential Land Use $2,385 per acre
All Other Land Use $2,650 per acre
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Attachment: Resolution AB-1600 FY 2022 (Annual Status Report on Project Development Fees (AB-1600)) Resolution - Development Impact Fees (AB-1600)
Exhibit 1 - continued
Environmental Services Fund (209)
Statement of Revenues, Expenditures, and Changes in Fund Balances for Fiscal Year (FY) 2022
Fees collected and interest earned:
Revenues
Storm drain fees $24,900
Investment income
Unrealized Gains/Losses
1,185
(5,483)
Total Revenues 20,602
Fee expended on public improvement:
Expenditures
19HH – Misc Storm Drainage Improvements
Total Expenditures
674
674
Excess/(deficiency) of revenues over/(under) expenditures 19,928
Beginning and ending balance:
Fund balance, beginning of year 323,089
Fund balance, end of year $343,017
CIP# and Title Project Description % of the project
funded with
development fees
Construction
Commencement
Date
19HH – Misc
Storm
Drainage
Improvements
Provides minor
draining improvments
to streets to increase
safety and decrease
pavement
deterioration.
100% 2020
Inter-fund transfer or loan made description:
None. However, transferred funds to Capital Improvement Fund (435) to actually expend funds on projects listed.
Refunds made from surplus fees and amount of any allocations made:
None.
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Attachment: Resolution AB-1600 FY 2022 (Annual Status Report on Project Development Fees (AB-1600)) Resolution - Development Impact Fees (AB-1600)
Exhibit 2
City of Campbell
Annual Report of Development Fees and Expenditures for the Fiscal Year ended June 30, 2022
Parkland Dedication Fee
Description:
Fees paid by developers in accordance with the Quimby Act and utilized for acquisition, development and improvements to community and neighborhood parks in accordance with the Open Space Element.
Fee:
The amount of the fee as of June 30, 2022:
Area Covered Type of Use Fee
Citywide Single‐family $24,902 per unit
Multi‐family $17669 per unit
Secondary / Accessory Dwelling Unit
(750sf or Larger)
$7,905 per unit
Junior Accessory Dwelling Unit $0 per unit
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Attachment: Resolution AB-1600 FY 2022 (Annual Status Report on Project Development Fees (AB-1600)) Resolution - Development Impact Fees (AB-1600)
Exhibit 2 - continued
Parkland Dedication Fund (295)
Statement of Revenues, Expenditures, and Changes in Fund Balances for Fiscal Year (FY) 2022
Fees collected and interest earned:
Revenues
Park dedication fees $628,296
Investment income
Unrealized Gains/Losses
20,240
(95,949)
Total Revenues 552,587
Fee expended on public improvement:
Expenditures
17DD – Campbell Park Improvements 1,297,147
18PP – JDM Improvements-Budd 364,826
21KK – Campbell Park Bike Pathway
21PP – Community Center Track Resurfacing
22KK – Campbell Park Cantilever PED Bridge
30,721
8,702
47,796
Total Expenditures 1,749,192
Excess/(deficiency) of revenues over/(under) expenditures (1,196,605)
Beginning and ending balance:
Fund balance, beginning of year 4,501,326
Fund balance, end of year $3,304,721
CIP# and Title Project Description % of the project
funded with
development fees
Construction
Commencement
Date
17DD –
Campbell Park
Improvements
Enhanced and
expanded amenities
at Campbell Park.
92% 2017
18PP – JDM
Improvements-
Budd
Enhance and expand
amenities located on
the south end of John
D. Morgan Park, near
Budd Avenue
52% 2018
21KK –
Campbell Park
Bike Pathway
Construct a bicycle
pathway at Campbell
Park between East
Campbell Ave and the
Los Gatos Creek Trail
100% 2021
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CIP# and Title Project Description % of the project
funded with
development fees
Construction
Commencement
Date
21PP –
Community
Center Track
Resurfacing
Remove existing and
resurface running
track located at
Community Center
2% 2022
22KK –
Campbell Park
Cantilever PED
Bridge
Repair pedestrian
bridge at Campbell
Park
100% 2022
Inter-fund transfer or loan made description:
None. However, transferred funds to Capital Improvement Fund (435) to actually expend funds on projects listed.
Refunds made from surplus fees and amount of any allocations made:
None.
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Attachment: Resolution AB-1600 FY 2022 (Annual Status Report on Project Development Fees (AB-1600)) Resolution - Development Impact Fees (AB-1600)
Exhibit 3
City of Campbell
Annual Report of Development Fees and Expenditures for the Fiscal Year ended June 30, 2022
Vehicle Impact Fee
Description:
Fees paid by developers to fund the cost of street replacement and maintenance due to the cumulative impact of construction and other commercial vehicles at development sites.
Fee:
The amount of the fee as of June 30, 2022:
Area Covered Fee
Citywide 0.32% of building permit valuation
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Attachment: Resolution AB-1600 FY 2022 (Annual Status Report on Project Development Fees (AB-1600)) Resolution - Development Impact Fees (AB-1600)
Exhibit 3 - continued
Vehicle Impact Fund (202)
Statement of Revenues, Expenditures, and Changes in Fund Balances for Fiscal Year (FY) 2022
Fees collected and interest earned:
Revenues
Vehicle impact fees $269,268
Investment income
Unrealized Gains/Losses
2,618
(12,769)
Total Revenues 259,117
Fee expended on public improvement:
Expenditures
21BB – Annual Street Maintenance
21SS – Camden Avenue Resurfacing
22BB – Annual Street Maintenance
267,643
45,155
154,732
Total Expenditures 467,530
Excess/(deficiency) of revenues over/(under) expenditures (208,413)
Beginning and ending balance:
Fund balance, beginning of year 548,279
Fund balance, end of year $339,866
CIP# and Title Project Description % of the project
funded with
development
fees
Construction
Commencement
Date
21BB – Annual
Street
Maintenance
Resurface collector
and residential
streets
9% 2018
21SS – Camden
Ave Resurfacing
Resurface pavement
on Camden Ave
south of Winchester
Blvd.
39% 2021
22BB – Annual
Street
Maintenance
Resurface collector
and residential
streets
7% 2022
Inter-fund transfer or loan made description:
None. However, transferred funds to Capital Improvement Fund (435) to actually expend funds on projects listed.
Refunds made from surplus fees and amount of any allocations made:
None.
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Attachment: Resolution AB-1600 FY 2022 (Annual Status Report on Project Development Fees (AB-1600)) Resolution - Development Impact Fees (AB-1600)
Exhibit 4
Five-Year Report of City of Campbell Parkland Dedication Fee for the Fiscal Year ended June 30, 2022
Summary: This Five -Year Report provides information and findings on unexpended funds in the Parkland Dedication Fee account as of June 30, 202 2 pursuant to Government Code section 66001(d).
Fund Information : The Parkland Dedication Fund (295) currently contains Three Million Three Hundred Four Thousand Seven Hundred Twenty-One Dollars ($3,304,721) in unexpended Parkland Dedication Fees for acquisition, development and improvements to community and neighborhood parks in accordance with the Open Space Element (“Unexpended Fee”).
Pursuant to Government Code section 66001(d)(1):
A. Purpose. The Unexpended Parkland Dedication Fees will be used to fund acquisition, development and improvements to community and neighborhood parks in accordance with the Open Space Eleme nt as identified in the City of Campbell Parks and Recreation Qui mby Act Fee Update dated December 9, 2019 and the City’s Capital Improvement Program 202 2-2026. The projects include:
a. 17DD – Campbell Park Improvements
b. 18PP – JDM Improvements-Budd
c. 20AA – Auxiliary Gym Upgrades
d. 20PP – JDM Improvements-Budd
e. 21KK – Campbell Park Bicycle Pathway
f. 21PP – Campbell Community Center Track Resurfacing
g. 23DD – JDM Park Parking Lots
h. 24DD – JDM Restrooms Improvement - Budd
i. 24EE – JDM Rincon Recreational Building Assessment
j. 25AA – JDM Improvements – Rincon
B. Relationship between the fee and the purpose for which it is charged.
There exists a reasonable relationship between the Unexpended Fee described above and the purpose for which it was charged because the improvements will acquire, develop and improve community and neighborhood parks in accordance with the Open Space Elemen t and as set forth in the City of Campbell Parks and Recreation Qui mby Act Fee Update dated December 9, 2019. The Fee is a means of ensuring that new development s construct their own parks or provide the City a means for acquisition, development and improvements to community and neighborhood parks in accordance with the Open Space Element.
C. Sources of funding anticipated to complete financing of incomplete
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improvements. Based on the City of Campbell Parks and Recreation Quimby Act Fee Update dated December 9, 2019, the weighted average of fair market value for parkland acquisition is Three Million Seven Hundred Twenty -One Thousand Eight Hundred Seventy -Three Dollars ($3,721,873) per acre. On November 5, 2019, the City Council approved a reduced valuation o f Three Million ($3,000,000) per acre for calculating in-lieu fees for parkland acquisition.
According to Section 66477(a)(2) of the Government Code, the amount of land to be dedicated or in -lieu fees to be imposed shall not exceed the amount necessary to provide three (3) acres of parkland per 1,000 residents, unless certain criteria is met. The City General Plan Policy to use the Quimby Act to provide three (3) acres of community, neighborhood, and passive parks per 1,000 residents is consistent with th is statutory requirement. Since the City currently provides fewer than three (3) acres per 1,000 residents, the City cannot impose a higher standard through the Quimby Program. All other costs that cannot be funded by the Parkland Dedication Fee are expected to be funded by outside grants.
D. Approximate dates on which the funding will be deposited. Parkland Dedication Fees are required to be deposited as developers obtain building permits; the dates on which future Fees will be collected is unknown.
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Attachment: Resolution AB-1600 FY 2022 (Annual Status Report on Project Development Fees (AB-1600)) Resolution - Development Impact Fees (AB-1600)
Exhibit 5
Five-Year Report of City of Campbell Vehicle Impact Fee for the Fiscal Year ended June 30, 2022
Summary: This Five -Year Report provides information and findings on unexpended funds in the Vehicle Impact Fee account as of June 30, 2022 pursuant to Government Code section 66001(d).
Fund Information: The Vehicle Impact Fund (202) currently contains Three Hundred Thirty-Nine Thousand Eight Hundred Sixty-Six Dollars ($ 339,866) in unexpended Vehicle Impact Fees to fund the cost of street replacement and maintenance due to the cumulative impact of construction and other commercial ve hicles at development sites (“Unexpended Fee”).
Pursuant to Government Code section 66001(d)(1):
A. Purpose. The Unexpended Vehicle Impact Fees will be used to fund the cost of street replacement and maintenance due to the cumulative impact of construction and other commercial vehicles at development sites as identified in the City of Campbell Road Maintenance Fees Analysis, dated June 2007 and the City’s Capital Improvement Program 2022-2026. The projects include:
a. 21BB – Annual Street Maintenance
b. 21SS – Camden Avenue Resurfacing
c. 22BB – Annual Street Maintenance
B. Relationship between the fee and the purpose for which it is charged.
There exists a reasonable relationship between the Unexpended Fee described above and the purpose for which it was charged because the improvements will fund the cost of street replacement and maintenance due to the cumulative impact of construction and other commercial vehicles at development sites as set forth in the City of Campbell Road Maintenance Fees Analysis, dated June 2007. The Fee is a means of ensuring that new developments mitigate the impacts of vehicles to streets and roadways as a result of their developments.
C. Sources of funding anticipated to complete financing of incomplete improvements. Based on the City of Campbell Road Maintenance Fees Analysis, dated June 2007 , the rate of 0.32% of building permit valuation was established due to related estimated annual street maintenance costs of $244,292 caused by construction vehicles . All other costs that cannot be funded by the Vehicle Impact Fee are expected to be funded by state, county, and federal transportation allocations to the City as well as garage and permit fees.
D. Approximate dates on which the funding will be deposited. Vehicle Impact Fees are required to be deposited as developers obtain building permits; the
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dates on which future Fees will be collected is unknown.
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Attachment: Resolution AB-1600 FY 2022 (Annual Status Report on Project Development Fees (AB-1600)) City
Council
Report
TITLE: Amendment to the Consultant Services Agreement with O'Brien Code Consulting for Plan Check Services (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution authorizing a contract amendment with O’Brien Code Consulting and dispense with the bidding requirements as specified by the Campbell Municipal Code Section 3.20.30(8).
BACKGROUND
The Building Division of the Community Development Department provides plan check services of building permit applications to ensure applications are compliant with health and safety regulations as outlined in California Administrative Code and California Code of Regulations, Title 24, also referred to as the California Building Standards Code.
Periodically the City receives high profile applications for development project s in which the available Building Division staff may not possess the certifications necessary to perform the inspections required. The City of Campbell currently does not have internal staff with the certifications or expertise required in CASp or Structural engineering which are often part of the regular Building permit review process within plan check services.
CASp or Cert ified Access Specialist is an expert in the field of construction -related accessibility.
Currently, there is also the need to analyze and design gravity support and lateral force resistance of buildings or structures . This function can only be provided by a Structural Engineer. The City currently does not have staff within the Building Inspection Division with a Structural or Civil Engineering background. A Structural Engineer is needed to create drawings and specifications, perform calculations, review th e work of other engineers, write the needed reports, or observe, when appropriate, the construction of some of these pending sites.
The City has an existing contract with O’Brien Code Consulting, Inc. and O’Brien Code Consulting, Inc has been able to prov ide this specialized expertise. The contract with O’Brien Code Consulting, Inc is near it’s end but a temporary extension is needed to ensure that the required structural, compliance, and CASp review is carried out in reviewing building permits.
Staff requests the Council approve a contract amendment (Attachment B) to authorize the City Manager to negotiate, award and execute a contract amendment , as noted within the Bidding Requirements noted within CMC Section 3.20.030, to the existing O’Brien Code Consu lting, Inc Contract Service Agreement (Attachment B- Exhibit 1).
Item: 20
Category: CONSENT CALENDAR
Meeting Date: December 6, 2022
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Contract Amendment for O'Brien Code Consulting Page 2 of 3 The suggested recommendation would assist the Building Inspection Division carry out the pending and in progress plan check services in the interim and would assist with business continuity.
DISCUSSION
The Community Development Department is seeking an Amendment to the existing Consultant Service s Agreement with O’Brien Code Consulting to provide plan check services for both residential and non -residential projects , providing expertise for addressing unique or challenging plan check or code interpretation issues’ such as the use of alternate methods of construction.
The subject matter expertise in these areas is essential for the safety and regulatory compliance of the City. There is a cur rent pipeline of projects that will require various degrees of Engineering, Energy, and Accessibility review as part of Building plan check services and permit applications. The Community Development Department is requesting an approval to increase the max contract obligation amount of O’Brien Code Consulting, Inc from $50,000 to $70,000 with an amended contract term end date of 18- months from the contract issuance date of January 25, 2022, Building Inspection Division and City of Campbell do not suffer an interruption in service.
At a broader level, the City is completing a Request for Qualifications (RFQ) process to hire several third party plan check consulting firms under a master contract to provide ongoing plan check services , the recommended Request for Qualifications (RFQ) process was reviewed by Council on October 4, 2022. This RFQ process is expected to be completed January 2023. Consideration and approval of the recommended amendment to the agreement with O’Brien Code Consultant will assist the City maintain essential third party plan check services in the interim until this process is completed.
FISCAL IMPACT
Services under the Consultant Services Agreement will be performed under the existing and approved Contract Service Agreement. As pa rt of the FY 2023 budget, the City Council authorized $130,000 within the Building Division’s budget for these third party plan check services. Each purchase order will be paid using funds available in the existing account expenditure budget and no budget appropriation for these services is being requested at this time.
ALTERNATIVES
1. Do not authorize the amendment of the existing contract and purchase order.
As an alternative, the City could add more staff resources to the Community Development Departme nt, Building Division to provide plan check services.
However, it is expected the Building Division would still require third party plan check services to provide unique technical expertise on complex building projects.
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Contract Amendment for O'Brien Code Consulting Page 3 of 3
2. Amend the Contract Service Agreem ent for O’Brien Code Consulting as recommended.
3. Provide other direction to staff
Prepared by:
Ken Ramirez, Administrative Analyst
Reviewed by:
Rob Eastwood, Community
Development Director
Attachment:
a. Resolution Obrien
b. Amendment #1 to Contract Services Agreement - OCC
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Approved by:
Brian Loventhal, City Manager
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE CITY MANAGER AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH O’BRIEN CONSULTING SERVICES, AND DISPENSE WITH
THE BIDDING REQUIREMENTS AS SPECIFIED BY THE CAMPBELL MUNICIPAL CODE SECTION 3.20.030(8)
WHEREAS, the City of Cam pbell entered into a Contract Services Agreements with O’Brien Code Consulting, Inc on January 25, 2022, with a term end date of January 25, 2023; and
WHEREAS, the City of Campbell desires th e specialized exp ertise in Structur al Engineering and Certified Access Specialist (CASp) review which is currently available and offered by O’Brien Code Consulting Services, Inc.; and WHEREAS, O’Brien Code C onsulting Services, Inc has an expe rtise in a specialized field and certificatio ns not currently acquired by internal Building Inspection Division staff; and
WHEREAS, the City circulated an RFQ from October 14, 2022 to November 4, 2022 for the Building Plan Check Services and receive eight (8) proposals; and WHEREAS, the selection process for Building Plan Check services will not be executed until February 2023 with the approval of City Council; and WHEREAS, the current contract with O’Brien Code Consulting Services is near it ’s end and there is a pipeline of in-progress projects awaiting Structural Engineering and CASp review; and
WHEREAS, CMC Section 3.20.030 (8) provides that the bidding proce dures may be dispensed with when the City Council determines it is in the best interest of the City.
THEREFORE, BE IT RESOLVED that t he City Council hereby dispenses with the bidding pro cedures, as set forth in CMC Section 3.20.050, and authorizes the Cit y Manager to negotiate, award , and execute a contract amendment with O’Brien Code Consulting Services, Inc f or Structural Engineering and CASp review with the B uilding Inspections Division; and
BE IT FURTHER RESOLVED that the City Cou ncil authorizes a contract amendment not to exceed $70,000 with a contract term end date of no later than July 25, 2023.
PASSED AND ADOPTED this day of 2022, by the following roll call vote:
AYES: COUNCILMEMBERS:
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Attachment: Resolution Obrien (Contract Amendment for O'Brien Code Consulting) NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
___________________________
Paul Resnikoff, Mayor
ATTEST:
____________________________
Andrea Sanders, City Clerk
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AMENDMENT TO CONTRACT SERVICES AGREEMENT
AMENDMENT #1
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2140
This Amendment to Contract Services Agreement (hereinafter “A mendment”) amends the Consultant Services Agreement (hereinafter “Agreement”) to establish Building Plan Check Services for the City of Campbell originally entered into on the 25th day of January 2022, by and between the City of Campbell (a Municipal Corporation, hereinafter referred to as “City”) and O’Brien Code Consulting, Inc. (a California Corporation, hereinafter referred to as “Consultant”).
As provided for under the terms of this Amendment, the City and Consultant agree to amend the following provisions of the Agreement as follows:
• Compensation. The compensation under Section 3.5 has a maximum contract obligation amount of $50,000 with a listed contract term of one year. I ncluded as Exhibit 1 is the Consultant Services Agreement, the maximum contract obligation amount shall be repealed and replaced with a $70,000 max contract obligation and an amended contract term of 18 months from the date entered into contract as noted in this Amendment.
• Project Scope. The scope of services as set forth in “Exhibit A – Scope of Services ” of the Agreement, shall be amended as set forth in “Exhibit 2 – Scope Amendment” of this Amendment.
All other terms and conditions as set forth in the Agreement shall remain in effect.
Signature Warranty:
The undersigned are authorized to represent and enter into this Amendment on behalf of the Consultant.
This Amendment to the Consultant Services Agreement shall become effective upon its execution by the City, in witness whereof, the parties have executed this Amendment the day and year first written above.
CONTRACTOR CITY OF CAMPBELL
By: By:
Name: Susan O’Brien Name: Brian Loventhal
Title: Principal Title: City Manager
Date: Date:
Attachments:
Exhibit 1– OCC – Contract Service Agreement
Exhibit 2 – Scope Amendment
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Exhibit 1 – OCC - Contract Service Agreement
CITY OF CAMPBELL
CONSULTANT SERVICES AGREEMENT
This Agreement is entered into at Campbell, California on the January 25 day of 2022, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and O'BRIEN CODE CONSULTING INC. (hereinafter referred to as "Consultant") (each is referred to individually as a "Party" and collectively, as the "Parties").
WHEREAS, City desires to obtain consulting services for the purpose of construction plan review to determine code compliance against City adopted California Building Codes either in-part or in- entirety;
WHEREAS, Consultant represents that it has the expertise, means, and ability to perform said such services and has currency with all applicable certifications, licenses, bonding, and insurance; NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:
1. DUTIES OF CONSULTANT
1.1 Consultant agrees to perform services as set forth in Exhibit A - Scope of Services, attached hereto and incorporated herein by reference, and which shall be interpreted together and in harmony with this Agreement. In the event o f 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 understand ing of the working relationships, authorities, trade standards, and management philosophy of City as it relates to this Agreement.
1.3 I .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.
Completion deadlines will be so agreed and arranged in advance and in writing. Plan examination and estimated cost to provide shall include an expected normal first round examination time limit targeted at 10 working days, with follow up second reviews targeted at 5 working days from the date of document receival. A third round of plan check and any additional rounds or specifics or related shop drawing and/or revision review shall be billed on a Time and Materials base, at the agreed upon hourly rate set forth in Section 3, below. If a specific project is deemed by Consultant to be beyond normal where these perform ance limits cannot reasonably be met, Consultant must obtain City's prior acceptance of the deviation or time extensions in writing.
1.5 Except as expressly stated in Section 1.4, Consultant shall not be responsible for delay caused by activities or factors be yond Consultant's reasonable control, including delays in document submittals, product specification, or by reason of strikes, work slow -downs or stoppages, or acts of God. 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
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eliminate such a cause of delay or default and will, upon the cessation of the cau se, 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.
1.6 Consultant agrees to perform this Agreement in accordance with the highest degree of skill and expertise exercised by members of Consultant's profession working on similar projects under similar circumstances.
1.7 Consultant shall perform 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 In the event, major discrepancies, omissions, or misrepresentations, are discovered during the activity of this Agreement, Consultant shall stop forward progress and notify the City's project coordinator in a timely way. When resolved, forward progress shall commence.
1.10 1.10 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.
1.11 1.1 1 The designated project manager for Consultant shall be Susan O'Brien.
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.
1.12 The Consultant (and its employees, agents, representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the City. The City 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 rights, obligations, and liabilities, applicable to it as an independent contractor hereunder. Consultant represents and warrants that it (i) is fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agreement. Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees against any claim or liability, including attorneys' fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant's supervision or control was misclassified.
1.13 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
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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.
1.14 Consultant warrants that Consultant, its subcontractors, and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements and agrees to provide proof of such requirements at City's request.
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 reasona bly rely on the accuracy and completeness of such information, provided that Consultant shall make any additional investigation reasonably necessary to confirm such information and provide City prompt written notice of any known or discovered defects in such data and information.
2.2 City shall provide contract administration services. City shall notifr Consultant of required administrative procedures and shall name representatives, if any, authorized to act in its behalf.
2.3 City shall review documents submitted by Consultant and shall render decisions pertaining thereto as promptly as reasonably possible.
3. 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 the pre-bid amount or an adjustable pre-accepted Time and Materials amount, as identified in Exhibit A, and as follows:
a. Once each month, Consultant shall submit for payment by Ci ty, 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 da ys 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 o f 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 increasing or 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
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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.
3.5 Consultant agrees that the payments to Consultant specified in thi s Article 3 (Compensation) will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. The maximum obligation for this contract is set at $50,000. The term of the contract is one year and is to be renewed at the start of each new year. 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 employe es 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
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project-related documents and materials, produced or gathered by or on behalf of Consultant, that are in Consultant's possession, custody or control. Consultant may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City's right to promptly receive and use such documents and materials which are the sole and exclusive property of the City.
Certain information received by Consultant from City may be considered confidential ("Confidential Information"). Confidential Information shall mean all non-public information or proprietary materials (in every form and media) disclosed or made available directly or indirectly through any means of communication, either verbally or in writing, to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City's written permission, use or disclose City documentation and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City's Confidential Information.
Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City's Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
Consultant shall take appropriate action to address any incident of unauthorized access to City's Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant's security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant's sole expense. Consultant shall not charge City for any expenses associated with Consultant's compliance with these obligations.
Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys' fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City's Confidential Information by Consultant and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.
6. TERMINATION
6.1 Notwithstanding any other provision of this Agreement, the City_may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to Consultant of such termination. In the event of such 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.
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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.
8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employment practices on the basis of race, religious creed, color, sex, national origin, handicap, sexual orientation, marital status, medical condition, disability, ancestry, organized affiliation, military or veteran status, or any other consideration made unlawful by local, state or federal law, of any employee of or applicant for employment with, such Consultant or subcontractor. City requires Consultant to comply with all applicable federal, state, and local equal employment opportunity laws and regulations.
9. INSURANCE AND INDEMNIFICATION
9.1 With respect to any design professional services provided by Consultant, the Consultant agrees to indemnify, and hold harmless the City, its officers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, damages, liabilities and losses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein. Notwithstanding anything in this paragraph to the contrary, any defense costs charged to the design professional under this paragraph shall not exceed the design professional's proportionate percentage of fault, except:
a. That in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with the other
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parties regarding unpaid defense costs in good faith effort to agree on the allocation of those costs amongst the parties; and
b. Where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis, then there shall be no limitation on the design professional's duty to provide a defense and cover the City's cost of defense.
With respect to all matters other than those covered by the foregoing paragraph, Consultant agrees to indemnify, defend (with counsel reasonably satisfactory to the City) and hold harmless the City, its officers, officials, directors, agents, representatives, volunteers, and employees to the fullest extent allowed by law from and against any and all claims, actions, causes of action, losses, damages, liabilities and costs of every nature, including attorneys' fees and costs (collectively "Losses"), including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any claim, caused by or arising out of, or alleged to have been caused by or arise out of, in whole or in part, Consultant's performance under this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein.
In no event shall this section be construed to require indemnification by the Consultant to a greater extent than permitted under the public policy of the State of California; and in the event that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City.
The defense and indemnity provisions obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations contained in this Agreement. The foregoing indemnity provisions are intended to fully allocate the parties' risk of liability to third-parties; and there shall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Consultant waives all rights to subrogation for any matters covered by the provisions of this section. Consultant's responsibility for such defense and indemnity obligations as set forth in this section shall survive the termination or completion of this Agreement for the full period of time allowed by law.
9.2 Consultant shall maintain insurance conforming to the following specifications to the fullest amount allowed by law for a minimum of 3 years following the termination or completion of this Agreement.
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
• Certificate(s) will show current policy number(s) and effective dates; • Coverage and policy limits will meet, or exceed, requirements below; • The Certificate Holder will be City of Campbell, Risk Manager, 70 North First Street, Campbell, CA 95008;
• Certificate will be signed by an authorized representative;
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• An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds; and
• Coverages must be maintained during the term of the Agre ement with the City, unless a longer duration is required.
Required Types of Coverage. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Consultant maintains broader insurance coverage and/or higher limits than the minimums shown below, the City requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
The policies shall afford the following types of coverage:
1. Commercial General Liability; Ins Services Office (ISO) CGL Form 00 01 1 1 85
3. Workers' Compensation and Employer Liability
4. Professional Liability and/or Errors and Omissions
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for bodily, personal injury and property damage. If Commercial General Liability Insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. 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 Workers' 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. (Not required if Consultant provides written verification it has no employees).
3. 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.
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C. 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 lim its 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.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverage:
a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be covered as additional insureds as respects: liability arising out of this Agreement performed by or on behalf of the Consultant, products and completed operations of t he Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. It is a requirement of this Agreement that any available insurance proceeds broader than or in excess of the specified min imum 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 (l) the minimum coverage limits specified in this Agreem ent, 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 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 mai l has been given to the City, or ten (10) days for cancellation for non-payment of premium.
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E. Suspension or Cancellation or Renewal
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. This contract shall be capped at the sum of $50,000 but may be renewed upon joint agreement as evidenced by renewed signature and date.
F. Subcontractors
Consultant agrees that any and all contracts with subcontractors for performance of any matter under this Agreement shall require the subcontractors to comply with the same indemnity and insurance requirements set forth in this Agreement to the extent that they apply to the scope of the subcontractors' work. Subcontractors are to be bound to contractor and to City in the same manner and to the same extent as the Consultant is bound to City under this Agreement. Subcontractors shall further agree to include these same provisions with any sub-subcontractor. A copy of this Agreement will be furnished to the subcontractor on request. The Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work, and will provide proof of compliance to the City.
G. 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.
H. Verification of Coverage
Consultant shall furnish the City with endorsements and certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms acceptable to the City. Where required by statue, forms approved by the Insurance Commissioner are to be submitted. All certificates are to be received and approved by the City before work commences.
I. 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 or alter this Agreement, or any portion hereof, without the prior written consent of the other.
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10.3 This Agreement shall not be construed to alter, affect, or waive any lien or stop notice rights, which Consultant may have for the performance of services pursuant to this Agreement.
10.4 Neither party's waiver of any term, condition or covenant, or breach of any term, condition or covenant shall be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant.
10.5 This Agreement contains the entire Agreement between City and Consultant relating to the project and the provision of services to the project. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Consultant.
10.6 If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on City and Consultant.
10.7 This Agreement shall be governed in accordance with the laws of the State of California.
10.8 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.
10.9 Changes or amendments to this Agreement must be in writing and approved by all parties.
10.10 The term of this Agreement shall commence upon execution of the Agreement and terminate upon proper notice from either party, pursuant to Section 6. Any extension of the Agreement shall be mutually agreed upon in writing and shall require an amendment to the Agreement signed by both parties.
10.1 1 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
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Consultant's during the term of this Agreement.
10.12 City is a public agency subject to the disclosure requirements of the California Public Records Act ("CPRA"). If Consultant's proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information "Confidential and Proprietary," and identify the specific 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 exempt from the CPRA and 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 Clara County before the City is required to respond to the 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.
10.13 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 Panies. 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.
10.14 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.
10.15 Consultant warrants that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements
10.16 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.
10.17 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.
10.18 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.
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11. NOTICES
Notices required under this Agreement may be delivered by first class mail addressed to the appropriate party at one of the following addresses:
CITY: City of Campbell
Attention: Rob Eastwood
70 North First Street,
Campbell, CA 95008
CONSULTANT: O'Brien Code Consulting Inc.
Attention: Susan O'Brien
475 Queens Court
Campbell, CA 95008
[Signatures on the following page/_
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Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby:
CONSULTANT
O'Br'en Code Consulting Inc.
Exhibit A Scope of Services and Fees
CITY OF CAMPBELL
Date: March 23, 2022
13 C
•
y
Attc
ey
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SERVICES OVERVIEW
The Scope of Services for this contract with the City of Campbell is for providing professional building plan review services. All services will be provided by Ms. Susan O'Brien, P.E., who will work closely with the City staff to ensure the review services exceed the City's expectations. She will provide consistent and comprehensive plans reviews, while providing the superior customer service expected by the jurisdiction. We do not intend to hire any employees, or use sub-consultants. However, should the workload dictate otherwise, we are confident in our ability to recruit highly qualified personnel and will obtain prior authorization from the City Building Official, prior to the use of any subconsultants. O'Brien Code Consulting offers the following services:
PLAN REVIEW SERVICES
• Provide complete plan review services for compliance with California Building Laws as generally found in Title 24 Parts 1 , 2, 2.5, 3, 4, 5, 6, 8, 9, 10, I l , and 12, including structural, fire/life safety, disabled access, energy conservation requiremen ts, and green building requirements.
• Ms. O'Brien is CASP certified (CASp -220) and will be available to provide CASP services to the City.
• Based on Ms. O'Brien's many years of experience working for the City Building Division, she is very familiar with all of the applicable local Ordinances, policies and procedures and will implement all applicable items on a project-by-project basis. • Provide comment letters which are consistent and comprehensive, grouped together by discipline, and refer to specific plans sheets and Code sections for ease of •
• Provide comment letters in a written format and transmit them to the City Building • Division staff via email, or any other means deemed necessary by the Building Official. o Provide "red-line" mark-ups on the City's PDF plans to supplement written plan review comment letters.
• Ms. O'Brien will provide her cell phone number to City staff for their use only and will be available on the same day to respond to questions from City staff. • Services include the initial review and two iterations of revised plans ("re-check") at no additional charge to the City.
PLAN REVIEW SERVICES (continued)
Upon plan review approval, "wet" digitally signed and digitally stamped approved plans and documents will be transmitted electronically in PDF format to the City along O'Brien Code Consulting, Inc. Quality — Service - Value
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with an approval letter. All documents will be stamped "Approved" in accordance with the City of Campbell requirements.
• O'Brien Code Consulting will not contact the applicant when plans are approved. Any inquiries from applicants or design professionals to O'Brien Code Consulting regarding the status of plans reviews will be directed to the City of Campbell Building Division. • For any paper submittals, pick-up and delivery of all plans and documents in -person by O'Brien Code Consulting staff. We do not intend to use a courier, but should the need arise, we have a standing FEDEX account and we will cover the cost of all such courier services.
• PLAN REVIEW TURNAROUND SCHEDULES o Historically, an expected turnaround schedule for initial plan review corrections was ten (10) working days and five (5) working days for any subsequent reviews. However, due to the constantly increasing Code requirements and regulations, such as more extensive Energy Codes, new Green Building Codes, and local Reach Codes, that turnaround schedule is increasingly difficult to achieve.
• OCC is committed to maintaining the C ity's acceptable plan check timelines. We will strive to complete all plan reviews earlier than their City assigned due date. However, that is contingent on the quality and completeness of the submittal. • OCC is committed to completing all initial plan review corrections within the timeframe assigned by the jurisdiction (typically ten to fifteen (10-1 5) business days from the date of the receipt of plans in our office from the City). This includes typical residential and commercial projects. However, building Code change cycle and incomplete plan submittals may require extended plan review times to be defined by the jurisdiction. • Subsequent project plan reviews will be completed within the timeframe assigned by the jurisdiction (typically five to ten (5-10) business days from the date of the receipt of plans in our office from the City). However, building Code change cycle and incomplete plan submittals may require extended subsequent plan review times to be defined by the jurisdiction.
• , PLAN REVIEW TURNAROUND SCHEDULES (continued) o Response time for more complex projects as determined by the City will typically be completed within fifteen to twenty (1 5-20) business days from the date of the receipt of plans in our office from the City. The turnaround time for complex projects is negotiable. • O'Brien Code Consulting understands that there may be situations that will require projects to be expedited. We will complete all expedited projects at the request and under the given time parameters provided by the Building Official.
O'Brien Code Consulting, Inc. Quality — Service - Value
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• , TECHNICAL SUPPORT:
Attend pre-construction or pre-design meetings in person or virtually as requested by the Building Official. In the event that a meeting at the City office is desired by the City and/or applicant and design professional, Ms. O' Brien will be available to attend a scheduled meeting in person or virtually with 48 hours prior notice. • Provide field visits. In the event that a field visit is desired by the City and/or applicant and design professional, Ms. O'Brien will be available to attend a scheduled field visit in person or virtually with 48 hours prior notice. o Provide support for field inspection personnel. o Assist staff on an as-needed basis.
• All City Building Division staff members will be provided with Ms. O'Brien's cell phone number to contact with questions on an as-needed basis. • MISCELLANEOUS SUPPORT
• O'Brien Code Consulting understands the staffing challenges faced by local Building Departments. We are ready and willing to adapt to the changing needs of the jurisdiction. In addition to plan review services, we will provide the following services at the request of the City:
• Expedited Services — O'Brien Code Consulting understands that owners/applicants may desire expedited plan review services. In accordance with the policies of the Cit of Campbell, O' Brien Code Consulting would be available to provide expedited plan review services at an increased fee based on the required expedited turnaround time. This would be on a project-by-project basis, as agreed upon with the City Building Official. • MISCELLANEOUS SUPPORT o On-Site Staff Traininq — O'Brien Code Consulting is committed to evolving with the ever-changing Code requirements. Through attendance at seminars and participation in Chapter and Committee meetings, we stay current on Code developments. As a consultant to the City, it is our duty to ensure we communicate the pertinent Code development and industry iswes to the client. Ms.
O'Brien will be available to attend staff meetings and provide staff training on various Code topics to City personnel, on-site or virtually, as requested by the City Building Official.
• CAL OES — Ms. O'Brien holds a current CAL OES card ID #64779 and is available to assist the jurisdiction in the event of a natural or man-made disaster.
O'Brien Code Consulting, Inc, Quality — Service - Value
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• Any Technical and/or Miscellaneous Support services provided to the City Building Division will billed to the City of Campbell at the hourly rate shown on the Standard Rate Schedule
PICK-UP/DELIVERY OF PLANS & PLAN CHECK COMMENTS
Since the COVID-19 pandemic of 2020, all permit submittals have been provided to the City Building Division in electronic (PDF) format. Currently, the City no longer requires any paper submittals for review. However, should the need arise for review of paper plans and documents, we intend the pick-up and delivery of all plans and documents to be in-person by O'Brien Code Consulting staff.
However, should the need arise for courier services, we have a standing account with FEDEx for pick-up and delivery of plans and documents and we will cover the cost of all such courier services.
O'Brien Code Consulting, Inc. Quality — Service - Value
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BUILDING PLAN REVIEW FEES:
• Fees for comprehensive plan reviews, performed at the O'Brien Code Consulting office, will be equal to sixty percent (60%) of the review fees as calculated per the City of Campbell.
• Fees for Title 24 Accessibility only plan reviews, performed at the O'Brien Code Consulting office, will be equal to forty percent (40%) of the review fees as calculated per the City of Campbell.
• Fees for structural only plan reviews, performed at the O'Brien Code Consultin g office, will be equal to thirty-five percent (35%) of the review fees as calculated per the City of Campbell.
• Fees for Title 24 Energy Only plan reviews, performed at the O'Brien Code Consulting office, will be equal to five percent (5%) of the review fe es as calculated per the City of Campbell.
• Fee for Design Review Projects preliminary Accessibility Only plan review will be calculated at the standard hourly billing rate.
• The fees are negotiable. The percentage based rates will be effective until December 31, 2022. The City will provide O'Brien Code Consulting with jurisdiction plan review fees (project by project) for use in calculating O'Brien Code Consulting fees. • The above fee covers all services associated with the typical plan review including:
• Review of plans and related documents for compliance with the California Building Laws as generally found in Title 24 Parts 1 , 2, 2.5, 3, 4, 5, 6, 8, 9, 10, I l , and 12, including structural, fire/life safety, disabled access, energy conservation requirements, and green building requirements, and all applicable local amendments and ordinances. • Pick-up and delivery of design documents to the jurisdiction. • First, second, and quick third reviews, if necessary, to approve projects. • Additional plan reviews (extensive third reviews and beyond) will be charged at an hourly rate in accordance with the Standard Rate Schedule.
Miscellaneous Support Services Fees:
Miscellaneous technical and support services, including but not limited to, attending pre-submittal meetings and providing staff training, on-site or virtually at the request of the Chief Building Official, will be billed at an hourly rate per the Standard Rate Schedule.
O'Brien Code Consulting, Inc. Quality — Service - Value
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• O'BRIEN CODE CONSULTING
• STANDARD RATE SCHEDULE- CITY OF CAMPBELL
• Personnel Description • Hourly Billing Rate
• Principal ▪ 160.00
• These rates are effective through December 31 , 2022. This fee is negotiable. • Overtime will be charged at 125% of the standard hourly rates. No overtime will be charged without prior authorization by client.
• Mileage Reimbursement —
• for any OCC staff travel required by the Building Official, beyond 30 miles from the City offices) Standard Government Mileage Rate + 15% (Currently $ 0.56 * 1.15 = $ 0.644 per mile)
• Outside Consultants Cost plus 15%
• Hours for in-house services in excess of 8 hours (per day) will be billed at the overtime rate shown above. When in-house services or plan review overtime is requested on weekends or holidays, these overtime services will be provided in 4-hour minimum segments.
Billing Procedures: At the beginning of each month, O'Brien Code Consulting will furnish to the City of Campbell an invoice and a statement of the work performed for compensation during the preceding month. Such statement will also include a detailed record of the month's actual reimbursable expenditures.
O'Brien Code Consulting, Inc. Quality — Service - Value
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Exhibit 2 – Scope Amendment
SERVICES OVERVIEW
The Scope of Services for this contract with the City of Campbell is for providing professional building plan review services. OCC provides full plan review services, and has the required expertise to fulfill the City’s specific review requests for CASp accessibility plan reviews and Structural Engineering plan reviews. All services will be provided by Ms. Susan O’Brien, P.E., who will work closely with the City staff to ensure the review services exceed the City’s expectations. She will provide consistent and comprehensive plans reviews, while providing the superior customer service expected by the jurisdiction. We do not intend to hire any employees, or use sub-consultants. However, should the workload dictate otherwise, we are confident in our ability to recruit highly qualified personnel and will obtain prior authorization from the City Building Official, prior to the use of any sub-consultants. O’Brien Code Consulting offers the following services:
• PLAN REVIEW SERVICES – Certified Access Specialist (CASp) The State Civil Code Section 55.53(d) requires each Building Department employ or retain a sufficient number of staff who are certified access specialists (CASp)to conduct permitting and plan check services to review for compliance with state constructionrelated accessibility standards by a place of public accommodation with respect to new construction, including, but not limited to, projects relating to tenant improvements that may impact access. o Ms. O’Brien is CASp certified (CASp-220) and will be available to act as the required City staff CASp. She will provide technical assistance and interpretations on accessibility related issues including complete CASp plan review services for compliance with California Building Laws as generally found in Title 24 Parts 2 and 2.5.
o Through active participation and membership in CASI (Certified Access Specialist Institute), accessibility discussion groups, accessibility list-serves, and webinars, Ms. O’Brien consistently exceeds the minimum continuing education requirements and supplements her knowledge and expertise of state and federal accessibility laws and regulations to promote access to facilities for persons with disabilities.
• PLAN REVIEW SERVICES – Structural
o Ms. O’Brien is a licensed Civil Engineer who has performed thousands of structural plan reviews over her career including anything from small wood-framed dwellings to large steel frame high rises.
Exhibit A
-
Scope of Services
Page
1 of
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• PLAN REVIEW SERVICES – Structural (continued) o Through active participation and membership in ASCE and SEI and structural webinars (AWC and CALBO), Ms. O’Brien consistently exceeds the minimum continuing education requirements to maintain Plan Check Certification and supplements her structural knowledge and expertise to remain current with the Code requirements.
• PLAN REVIEW SERVICES – General o Provide comment letters which are consistent and comprehensive, grouped together by discipline, and refer to specific plans sheets and Code sections for ease of reference in a written format and transmit them to the City Building Division staff via email, or any other means deemed necessary by the Building Official. o Provide “red-line” mark-ups on the City’s PDF plans to supplement written plan review comment letters.
o Upon plan review approval, “wet” digitally signed and digitally stamped approved plans and documents will be transmitted electronically in PDF format to the City along with an approval letter. All documents will be stamped “Approved” in accordance with the City of Campbell requirements.
o Based on Ms. O’Brien’s many years of experience working for the City Building Division, she is very familiar with all of the applicable local Ordinances, policies and procedures and will implement all applicable items on a project-by-project basis. o Services include the initial review and two iterations of revised plans (“re-check”) at no additional charge to the City. o O’Brien Code Consulting will not contact the applicant when plans are approved. Any inquiries from applicants or design professionals to O’Brien Code Consulting regarding the status of plans reviews will be directed to the City of Campbell Building Division.
o For any paper submittals, pick-up and delivery of all plans and documents will be using our standing FEDEX account and we will cover the cost of all such courier services. o Ms. O’Brien will provide her cell phone number to City staff for their use only and will be available on the same day to respond to questions from City staff.
Exhibit A
-
Scope of Services
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2 of
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• PLAN REVIEW TURNAROUND SCHEDULES
o Historically, an expected turnaround schedule for initial plan review corrections was ten (10) working days and five (5) working days for any subsequent reviews. However, due to the constantly increasing Code requirements and regulations, such as more extensive Energy Codes, new Green Building Codes, and local Reach Codes, that turnaround schedule is increasingly difficult to achieve.
o OCC is committed to maintaining the City’s acceptable plan check timelines. We will strive to complete all plan reviews earlier than their City assigned due date. However, that is contingent on the quality and completeness of the submittal. o OCC is committed to completing all initial plan review corrections within the timeframe assigned by the jurisdiction (typically ten to fifteen (10-15) business days from the date of the receipt of plans in our office from the City). This includes typical residential and commercial projects.
However, building Code change cycle and incomplete plan submittals may require extended plan review times to be defined by the jurisdiction.
o Subsequent project plan reviews will be completed within the timeframe assigned by the jurisdiction (typically five to ten (5-10) business days from the date of the receipt of plans in our office from the City). However, building Code change cycle and incomplete plan submittals may require extended subsequent plan review times to be defined by the jurisdiction. o Response time for more complex projects as determined by the City will typically be completed within fifteen to twenty (15-20) business days from the date of the receipt of plans in our office from the City. The turnaround time for complex projects is negotiable. o O’Brien Code Consulting understands that there may be situations that will require projects to be expedited. We will complete all expedited projects at the request and under the given time parameters provided by the Building Official. • PICK-UP/DELIVERY OF PLANS & PLAN CHECK
COMMENTS
Since the COVID-19 pandemic of 2020, all permit submittals have been provided to the City Building Division in electronic (PDF) format. Currently, the City no longer requires any paper submittals for review. Should the City require review of paper plans and documents, we will use our standing account with FEDEx for transport of plans and documents and we will cover the cost of all such courier services.
Lucky O’Brien
Exhibit A
-
Scope of Services
Page
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O’BRIEN CODE CONSULTING
STANDARD RATE SCHEDULE– CITY OF CAMPBELL
CASP AND STRUCTURAL REVIEW SERVICES
Personnel Description Hourly Billing Rate
Principal $ 160.00
These rates are effective through December 31, 2024. This fee is negotiable.
Overtime will be charged at 125% of the standard hourly rates. No overtime will be charged without prior authorization by client. **
Mileage Reimbursement –
(for any OCC staff travel required by the Building Official, beyond 30 miles from the City offices) Standard Government Mileage Rate + 15% (Currently $ 0.625 *
1.15 = $ 0.719 per mile)
Outside Consultants - Cost plus 15%
** Hours for in-house services in excess of 8 hours (per day) will be billed at the overtime rate shown above. When in-house services or plan review overtime is requested on weekends or holidays, these overtime services will be provided in 4-hour minimum segments.
Billing Procedures:
At the beginning of each month, O’Brien Code Consulting will furnish to the City of Campbell an invoice and a statement of the work performed for compensation during the preceding month. Such statement will also include a detailed record of the month's actual reimbursable expenditures.
Exhibit B
–
Standard Rate Schedule
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Council
Report
TITLE: Resolution Commending Sergeant Brian Sessions for Over 17 Years of Service to the City of Campbell (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a Resolution commending Sergeant Brian Sessions for his over 17 Years of Service to the City of Campbell.
BACKGROUND
Sergeant Brian Sessions is retiring from the City of Campbell Police Department on December 26, 2022. At this time, it would be appropriate for the City Council to adopt a Resolution commending Sergeant Brian Sessions for his outstanding service to the City.
The Resolution will be formally presented to Sergeant Brian Sessions at a later date.
DISCUSSION
Sergeant Brian Sessions began employment with the City of Campbell on February 28, 2005. Prior to his service to the City of Campbell, Sergeant Sessions served as an officer with the California Highway Patrol for four years. During his time with the Campbell Police Dep artment, Sergeant Sessions served in many capacities as an Officer, Agent, and Sergeant. Sergeant Sessions was assigned as a Field Training Officer, Bike Patrol Officer, Bike Patrol Sergeant, Robbery / Homicide Detective, Patrol Watch Commander, and Detect ive Sergeant. Sergeant Brian Sessions was a member of the Special Weapons and Tactics (SWAT) team for 10 years.
Sergeant Sessions’ contributions to the department, and the relationships he developed within the community have been an asset to this department and the City.
FISCAL IMPACT
There is no fiscal impact associated with this commendation.
Prepared by:
Item: 21
Category: CONSENT CALENDAR
Meeting Date: December 6, 2022
21 Packet Pg. 223
Brad Rice, Sergeant
Commending Sergeant Brian Sessions for Over 17 Years of Service Page 2 of 2 Reviewed by:
Gary Berg, Police Chief
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Sergeant Session's Retirement Resolution
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RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL COMMENDING SERGEANT BRIAN SESSIONS ON HIS OVER 17 YEARS OF
SERVICE TO THE CITY OF CAMPBELL
WHEREAS, Sergeant Brian Sessions became a Police Officer for the City of Campbell in February 2005, after serving four years as a Police Officer with the California Highway Patrol; and
WHEREAS, Sergeant Sessions honorably served as a Patrol Officer, Agent, and Sergeant; and
WHEREAS, Sergeant Sessions honorably served in special ty assignments including Field Training Officer; Bike Patrol, Robbery/Homicide Detective, and Detective Sergeant; and
WHEREAS, Sergeant Sessions honorably served as a member of the Special Weapons and Tactics (SWAT) Team for over 10 years; and
WHEREAS, Sergeant Sessions has always had a commitment to providing excellent service to the Campbell community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell recognizes and commends Sergeant Brian Sessions on his retirement from the City of Campbell after over 17 years of service.
PASSED AND ADOPTED this 6th day of December, 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: Sergeant Session's Retirement Resolution (Commending Sergeant Brian Sessions for Over 17 Years of Service) City
Council
Report
TITLE: Authorization for the Grant Application, Acceptance, and Execution of the Grant Funds from the State of California Budget Act of 2021 (SB 129), for the Campbel l Library Renovations Project (Project No. 23-SS); Authorizing the City Manager to Execute the Funding Agreement with the California State Library and Any Amendments Thereto; and Authorizing the Finance Director to Perform a Budget Adjustment (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a Resolution authorizing the grant application, acceptance, and execution of the grant funds from the State of California Budget Act of 2021 (SB 129) for the Campbell Library Renovations Proje ct (Project No. 23 -SS); authorizing the City Manager to execute the Funding Agreement and Any Amendments with the State of California Library; and authorizing the Finance Director to perform a budget adjustment.
BACKGROUND
On July 12, 2021, the State of California approved the Budget Act of 2021 (SB 129) – allocating one-time funds in the amount of $439 million to the California State Library.
In turn, the California State Library developed the Building Forward Grant Program to address the safety and crit ical maintenance needs of public library facilities throughout the State of California. The grant would be facilitated through a competitive application process and award a maximum of $10 million to each California public library building that meets the program qualifications.
In early 2022, staff submitted the City’s application for the Building Forward Grant Program with a request for funds that would be used for the Campbell Library Renovation Project (Project No. 23-SS). By the end of the grant application deadline on March 21, 2022, the California State Library had received a total of 275 applications from 86 jurisdictions. Grant requests ranged from $14,300 to $10 million (the maximum award amount), with an average of nearly $2 million per request. In all, requests exceeded a total of $551 million in State grant funding, for projects worth a combined $1.1 billion. By September 2022, the California State Library had awarded over $254 million in funds to 234 local libraries from 172 cities spanning ac ross 34 counties, to those libraries with the most pressing safety concerns and/or critical maintenance needs.
Item: 22
Category: NEW BUSINESS
Meeting Date: December 6, 2022
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Authorization for the Grant Application for Library Page 2 of 6 The grant application for the Campbell Library was developed collaboratively by City staff, Santa Clara County Library District staff, and t he project design team and was focused on the areas as defined in the call for projects:
• Mandated Fire and Life Safety Improvements per 2019 California Building Code & Fire and Smoke Protection Requirements
These critical measures will protect the buildin g from extreme temperatures, wind, water absorption, termites, noise, mold, and all forms of pollution, while helping the building become more energy -efficient and cost-effective. These improvements will help keep the building warm during cold weather, an d cool when temperatures are high – a critical amenity to the public as the Campbell Library is often a refuge for residents during times of emergency or extreme weather.
The cladding will help reduce the risk of fire destruction, and make the structure stronger, also increasing its durability. Waterproofing the subgrade foundation walls of the Library building will prevent water infiltration, mold growth, protect the structural foundation, and improve the air quality to protect people in the building. • Critical Systems & Maintenance
Over the Library’s 48-year history, the building has experienced system failures on a regular basis. As a result, failures have caused work stoppages and have limited patron access. The Library requires a significant amount of resources to bring its electrical, lighting, HVAC, mechanical, plumping, communications, security, and elevator systems up to current and mandated California Building Codes while meeting industry standards for safety and functionality. These critical im provements will provide a dependable and safe community space for staff and visitors alike. • Compliance with California Americans with Disabilities Act (ADA) and State statutes
The Campbell Library building was constructed 48 years ago, and as such, requir es a significant amount of resources to bring the building’s accessibility up -to-date and current with the mandated requirements of California’s Americans with Disabilities Act (ADA) and State statutes. These are essential modifications to ensure library services are available and accessible to all visitors.
More specifically, the grant application included the following cost estimates to address these areas of concern. Please note that the source of City matching funds is available and allowable Measure O Bond proceeds for the Library Renovation Capital Project (#23-SS):
State Library Grant Local (City) Match Total Cost
Mandated Fire and Life
Safety Improvements
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Authorization for the Grant Application for Library Page 3 of 6 2 HR Fire Rating $250,000 $250,000 $500,000
Fire Stopping $4,500 $4,500 $9,000
Fire Suppression $180,500 $180,500 $361,000
Fire Alarm $106,000 $106,000 $212,000
Hazmat Abatement $154,000 $154,000 $308,000
Critical Maintenance
Subgrade Waterproofing $80,000 $80,000 $160,000
Building Cladding $243,000 $243,000 $486,000
Roofing $243,000 $243,000 $486,000
Caulking & Sealants $17,500 $17,500 $35,000
Critical Systems $439,000 $439,000 $878,000
Electrical $581,500 $581,500 $1,163,000
HVAC $649,500 $649,500 $1,299,000
Plumbing $330,000 $330,000 $660,000
Communications $116,500 $116,500 $233,000
Security $28,500 $28,500 $57,000
Compliance with California
Americans with Disabilities
Act (ADA) and State
statutes $63,000 $63,000 $126,000
ADA Code Compliant
Elevator $214,000 $214,000 $428,000
ADA Code Compliant Doors $14,000 $14,000 $28,000
ADA Code Compliant Stairs $103,500 $103,500 $207,000 Total Supplies/Materials $3,818,000 $3,818,000 $7,636,000 Permits and Inspection Fees $351,500 $351,500 $703,500 Construction Management $120,000 $120,000 $240,000 Total $4,289,500 $4,289,500 $8,579,000
10% Contingency $428,950 $428,950 $857,900
Grant Total $4,718,450 $4,718,450 $9,436,900
On September 12, 2022, the City received a letter (Attachment B) from the California State Library with the State’s intent to award $4,718,450 from the Building Forward Grant Program to the City of Campbell for use on the City’s Library Renovations Project.
The intent letter also informed staff that the City of Campbell had competed against a total of 275 applicants and was ranked 21 out of the 234 approved applications (with number one being the highest grant amount awarded). The State would be following-up 22 Packet Pg. 228
Authorization for the Grant Application for Library Page 4 of 6 the intent letter with an official award letter containing the documentation certifying the State’s award of the intended amount, and information for staff regarding additional terms of use.
DISCUSSION
On October 18, 2022, the City received the State’s of ficial award letter with confirmation that the State would be awarding the total grant amount of $4,718,450 to the City . (See Attachment C.) Also included with the official award letter was the project period, the required match amount (i.e., amount of fun ds the City is required to contribute per the conditions of the grant), the Grant Agreement, and a list of unallowable costs.
Furthermore, it included templates and guidance for submitting the items below, which are required for the California State Library to process the City of Campbell’s request for payments:
• Confirmed Project Budget
• Final Project Implementation Plan
• Certification of Compliance
• Letter Certifying Availability of Match Funds (if applicable) • Resolution Authorizing Acceptance of the Grant
• Signed Grant Agreement
• Completed Fiscal Claim Form for the first award payment Per the terms of the Building Forward Grant Program, the State Library requires the City to adopt a resolution authorizing the grant application, acceptance, and execution of t he grant funds and authorizing the City Manager to execute the Funding Agreement and any Amendments with the State of California Library. Upon City Council’s approval, a copy of the adopted resolution will be uploaded to the State Library's grants management system at: https://webportalapp.com/sp/buildingforward.
Once the State Library receives the City’s adopted resolution, they will send the final award documents for signatures through DocuSign to the City Manager in the coming weeks. The DocuSign packet will include the official Grant Agreement, Certification of Compliance, and initial Allocation Claim Form.
Project Timeline
The Grant terms will begin on the date of execution of the Agreement by both parties and remain valid through March 31, 2026. The State Library requires all Grantees to submit interim and final narrative and financial reports on the progress and activities of the project to the State Library throughout the duration of the P roject. All narrative and financial reports are due to the State Library on the dates listed below:
Reporting Period Report Due Date
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Authorization for the Grant Application for Library Page 5 of 6 Project start date – March 2023 Financial Reports Due May 1, 2023 April 2023 – June 2023 Financial Reports, Expenditure
Detail, and Narrative Reports Due July 31, 2023
July 2023 – September 2023 Financial Reports Due October 31, 2023 October 2023 – December 2023 Financial Reports, Expenditure Detail, and Narrative Reports Due January 31, 2024
January 2024 – March 2024 Financial Reports Due April 30, 2024 April 2024 – June 2024 Financial Reports, Expenditure
Detail, and Narrative Reports Due July 31, 2024
July 2024 – September 2024 Financial Reports Due October 31, 2024 October 2024 – December 2024 Financial Reports, Expenditure Detail, and Narrative Reports Due January 31, 2025
January 2025 – March 2025 Financial Reports Due April 30, 2025 April 2025 – June 2025 Financial Reports, Expenditure
Detail, and Narrative Reports Due July 31, 2025
July 2025 – September 2025 Financial Reports Due October 31, 2025 October 2025 – December 2025 Financial Reports, Expenditure Detail, and Narrative Reports Due January 30, 2026
January 2026 – March 2026 Final Financial, Narrative, and Expenditure Reports Due April 30, 2026
FISCAL IMPACT
Upon the Council’s formal acceptance of the grant, staff will make the necessary adjustments to incorporate the $4,718,450 of funds into the project’s total budget and ensure the use of these funds remains allocated to the project’s intended scope-of-work as defined in the grant application. The attached budget adjustment has been prepared to accept the funds and allocate them to the Campbell Library Renovation s Project (Project 23-SS).
ALTERNATIVES
Do not accept grant funding for this project
22 Packet Pg. 230
Authorization for the Grant Application for Library Page 6 of 6 Prepared by:
Abdulla Ahmed, Sr. Project Manager
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
b. State Library Grant Award - Campbell Library - 9-12-2022 c. Campbell Library - Award Letter - 10-19-2022
d. State Library Grant Budget
e. State Library Grant - Building Forward Implementation Plan f. Budget Adjustment Form
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE GRANT (STATE GRANT NO. BF-1-21-012) APPLICATION,
ACCEPTANCE, AND EXECUTION OF THE GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET ACT OF 2021 (SB 129) FOR THE CAMPBELL LIBRARY RENOVATIONS (PROJECT NO. 23-SS); AUTHORIZING THE CITY MANAGER
EXECUTE THE FUNDING AGREEMENT WITH THE CALIFORNIA STATE LIBRARY AND ANY AMENDMENTS THERETO; AND AUTHORIZING THE FINANCE
DIRECTOR TO PERFORM A BUDGET ADJUSTMENT
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the City Council of the City of Campbell either before submission of said application(s) to the State or prior to execution of the grant agreement; and WHEREAS, the City of Campbell will enter into an agreement with the State of California to carry out the project; and
WHEREAS, the City of Campbell proposes to implement the Campbell Library Renovations, Project No. 23-SS (State Grant No. BF-1-21-012), and
WHEREAS, the City of Campbell has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the City of Campbell applied and was awarded grant funding in the amount of $4,718,450 from the California State Library for the Campbell Library Renovations, Project No. 23-SS (State Grant No. BF-1-21-012); and
WHEREAS, a budget adjustment has been prepared to accept the grant funds and allocate them to the Campbell Library Renovations, Project No. 23-SS; NOW, THEREFORE, BE IT RESOLVED by the City of Campbell, with acknowledgement of the Santa Clara County Library District, as follows:
1. That pursuant and subject to all the terms and provisions of the California Budget Act of 2021, the City of Campbell City Manager, or designee, is hereby authorized and directed to prepare and file an application for funding with the California State Library and take such other actions necessary or appropriate to obtain grant funding; and,
2. The City of Campbell City Manager, or designee, is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto; and,
3. The City of Campbell City Manager, or designee, is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding; and,
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Packet Pg. 232
Attachment: Resolution (Authorization for the Grant Application for Library)
4. Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and that prior to commencement of the project, all applicable permits will have been obtained; and,
5. Authorizes the Finance Director to perform a budget adjustment.
PASSED AND ADOPTED this 6th day of December 2022 by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
APPROVED:
_________________________________
Paul Resnikoff, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk
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Packet Pg. 233
Attachment: Resolution (Authorization for the Grant Application for Library) Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
September 12, 2022
Abdulla Ahmed
Senior Public Works Project Manager
City of Campbell
7 0 North First Street
Campbell, CA 95008
Re: Building Forward Grant Program
Jurisdiction: SANTA CLARA COUNTY LIBRARY
Library: Campbell Library
Project: Campbell Library Renovation Project
Dear Abdulla Ahmed:
Co
ngratulations! Following a rigorous review process, the California State Library is pleased to notify you of our intent to award a Building Forward grant for the project submitted for Campbell Library.
Your grant award will be: $4,718,450
This award is intended to fund the following project outputs and related activities listed in your Supplementary Budget in accordance with allowable costs per the Grant Guidelines:
Mandated Fire and Life Safety Improvements per 2019 California Building Code & Fire and Smoke Protection Requirements: 2 HR Fire Rating, Firestopping, Fire Suppression, Fire Alarm, Hazmat Abatement
Critical Maintenance: Subgrade Waterproofing, Building Cladding, Roofing, Caulking & Sealants
Critical Systems: Electrical, Lighting, HVAC, Plumbing, Communications, Security Compliance with California Americans with Disabilities Act (ADA) and State statutes: ADA Code Compliant Elevator, ADA Code Compliant Doors, ADA Code Compliant Stairs
Based on your A
ward amount and your Local Income Per Capita (LIPC) level, your organization is required to provide a matching amount of $4,718,450 to support this project. Please note: Match funds must be expended during the grant period and at
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Packet Pg. 234
Attachment: State Library Grant Award - Campbell Library - 9-12-2022 (Authorization for the Grant Application for Library) Building Forward Grant Program