Campbell City Council
May 16, 2023

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 meeting. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers.

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

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, May 16, 2023 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Proclamation Declaring the Week of May 21 - 27, 2023, National Public Works Week
Recommended Action: That the City Council proclaim the week of May 21 -27, 2023 as National Public Works Week for the City of Campbell.

COMMUNICATIONS AND PETITIONS

ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law

generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.

COUNCIL ANNOUNCEMENTS

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

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

2. Minutes of City Council Special Meeting of April 18, 2023 Recommended Action: Approve the special meeting minutes of April 18, 2023.

3. Minutes of City Council Executive Session Meeting of May 2, 2023 Recommended Action: Approve the regular meeting minutes of May 2, 2023.

4. Minutes of City Council Regular Meeting of May 2, 2023 Recommended Action: Approve the regular meeting minutes of May 2, 2023.

5. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $1,037,815.90.

6. Investment Report - Quarter Ending March 2023
Recommended Action: That the City Council approve the Investment Report for the quarter ending March 2023 and the report be noted and filed.

7. Second Reading of Ordinance 2294 Amending Provisions of the Campbell Municipal Code to Revise the Business License Tax Rates Effective in Fiscal Year 2024 (Ordinance/Roll Call Vote)
Recommended Action: That the City Council approve the second reading and adopt Ordinance 2294 amending provisions of the Campbell Municipal Code to revise the business license tax rates, effective in Fiscal Year (FY) 2024.

8. Second Reading of Ordinance 2295 Renewing City of Campbell Ordinance 2280, Per t he Requirements Set Forth in California Government Code § 7070, Et. Seq. (Ordinance/Roll Call Vote)
Recommended Action: That the City Council approve the second reading and adopt Ordinance 2295 renewing the Military Equipment Policy set forth in Chapter 8.44 of the Campbell Municipal Code as adopted by Ordinance 2280 and per the requirements set forth in California Government Code § 7070, et. seq.

9. Authorization to Purchase and Install Three (3) York Heating, Ventilation and Air Conditioning (HVAC) Uni ts, in an Amount Not to Exceed $64,980, for the Campbell Community Center C -Wing Building; and Dispensing of Bidding Requirements as Specified i n Campbell Municipal Code Sections

3.20.030 (7) (8) (Resolution/Roll Call Vote)
Recommended Action: That the C ity Council adopt a resolution authorizing the City Manager to execute a service agreement with Environmental Services Incorporated (ESI) for th e purchase and installation of three (3) York Heating,

Ventilation and Air Conditioning (HVAC) Units, in an amou nt not to exceed $64,980, for the Campbell Community Center C -Wing Building; and Dispensing of Bidding Requirements as Specified in Campbell Mun icipal Code Sections

3.20.030 (7) (8)

10. Approval to Submit a Grant Application to the Santa Clara Valley Transportation Authority (VTA) for $34,541 in Guaranteed Transportation Development Act (TDA) Article 3 Funds for the Fiscal Year 2024 Campbell Bicycle and Pedestrian Project (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolu tion authorizing the Public Works Director to submit a grant application to the Santa Clara Valley Transportation Authority (VTA) for $34,541 in guaranteed Transportation Development Act (TDA) Article 3 Funds, for improvement efforts incorporated under the Campbell Bicycle and Pedestrian Project for Fiscal Year 2024.

11. Authorization to Issue a Request for Proposals (RFP) for Design Services for the Hamilton Avenue Resurfacing Project (No. 23 -BB), the Public Works Director to Negotiate the Terms of the C onsultant Services Agreement, and the City Manager to Execute Said Agreement (Resolution/Roll Vote) Recommended Action: That the City Council adopt a resolution to authorize the issuance for a Request for Proposals (RFP) for design services for the Hamil ton Avenue Resurfacing Project (No. 23 -BB), the Public Works Director to negotiate the terms of the Consultant Services Agreement, and the City Manager to execute said agreement.

12. Resolution Authorizing the Use of FY 2024 Road Maintenance and Rehabilitation Account (RMRA) Funds for the Annual Street Maintenance Project (FY 2023 through FY 2025) for Resurfacing of Hamilton Avenue, Project No. 23-BB (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing the use of Fiscal Year 2024 Road Maintenance and Rehabilitation Account (RMRA) Funds for the Annual Street Maintenance Project (FY 2023 through FY 20 25) for the resurfacing of Hamilton Avenue, Project No. 23-BB.

13. Approval for Vacation of the Light and Air / Building Lines Within Lot 15 of Tract Map No. 148 (621 W. Parr Avenue) and Directing the City Clerk to Record the Resolution (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving the vacation of the Light and Air/Building Lines within Lot 15 of Tract Map No. 148 and directing the City Clerk to record the resolution.

14. Authorize Issuance of Request f or Proposals (RFP) for Rent Dispute Mediation Services (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the Community Development Director to issue a Request for Proposals (RFP) for rent dispute and mediation services; and authorize the City Manager to a execute a service contract with the most responsible bidder.

15. Authorize Issuance of Affordable Housing Nexus Studies RFP (Resolution/Roll Call Vote)

Recommended Action: That the City Council adopt a Resolution authorizing the Community Development Director to issue a Request for Proposals for preparation of Affordable Housing nexus studies and authorize the City Manager to execute a service contract with the most responsive bidder.

16. Adopt a Resolution Authorizing a Downtown Special Event Permit and Fee Waiver and Approving an Amendment to the Promissory No te with the Campbell Chamber of Commerce (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution (1) authorizing the issuance of a Downtown Special Event Permit to the Campbell Chamber of Commerce (2) authorizing a fee wa iver for a not-to-exceed amount of $25,000 in permit fees, and (3) approving an amendment to the promissory note between the City of Campbell and the Campbell Chamber of Commerce for a decrease in permit fees due.

17. Resolution Commending Officer James Co oper for Over 7 Years of Service to the City of Campbell (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution commending Officer James Cooper for his over 7 years of service to the City of Campbell.

18. Resolution Commending Agent Mar tin Rivera for Over 26 Years of Service to the City of Campbell(Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution commending Agent Martin Rivera for his over 26 years of service to the City of Campbell.

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

19. Public Hearing to Consider the Request of Loretz Construction, Inc. on Behalf of David M. Foulkes, Trustee, for a Zoning Exception to Allow an Approximately 666 Square -Foot Expansion (Inclusive of a 557 Square -Foot Garage Addition and 109 Square -Foot Living Area Addition) o f an Existing Accessory Dwelling Unit ("Carriage H ouse") Previously Approved by a Conditional Use Permit (UP 96 -04), on a Landmark Property Listed on the Campbell Historic Resource Inventory (HRI), Commonly Known as the Littleton-Martin House, Located at 1 690 Littleton Place in the R -1-9-H (Single-Family Residential / Historic Overlay) Combining Zoning District), Including Exceedance of the Maximum Allowable Size for an Accessory Dwelling Unit, an Exception to the Expansion Prohibition for Legal Non - Conforming Structures, and Exceptions to the Special Prov isions for Accessory Dwelling Units Located on Historic Properties. (Resolution/Roll Call Vote)
Recommended Action: The Planning Commission and Historic Preservation Board recommend that the City Council adopt a Resolution approving a Zoning Exception to allow an approximately 666 square -foot expansion of an existing accessory dwelling unit ("carriage house").

20. Introduction of Ordinance Am ending 5.50 of the Campbell Municipal Code Regarding Special Events Permit and Introduction of City Park Special Event Policy (Ordinance/Resolution/Roll Call Vote)
Recommended Action: That the City Council introduce and hold first reading of an Ordinance amending Chapter 5.50 of the Campbell Municipal Code and adopt a Resolution approving a new administrative policy titled City Park Special Event Policy.

NEW BUSINESS

21. Approval of Special Event Permit for the Historic Downtown Campbell Classic Car Show (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopts a Resolution approving the issuance of a Special Event Permit for the Downtown Campbell Business Association's Historic Downtown Campbell Classic Car Show subject to the findings and conditions of approval as described in the Resolution.

22. Receive Housing Program Audit and Authorize Appl ication for a Destination Home Grant to Support an Unhoused Specialist Position (Resolution/Roll Call Vote)
Recommended Action: That the City Council receive and provide comments on the Housing Program Audit Report and adopt a Resolution authorizing the City Manager to apply for, negotiate, and execute a Capacity Building Grant with Destination: Home for an Unhoused Specialist position.

UNFINISHED BUSINESS

23. Authorize the City Manager to Execute a Contract Amendment to the Consultant Services Agreements for Building Plan Check and Inspection Services with True North, Bureau Veritas, O’Brien Code Consulting, and West Code Consulting (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution increasing the not to exceed cont ract amounts and authorizing the City Manager to execute a contract amendment to the existing agreements with True North, Bureau V eritas, O’Brien Code Consulting, and West Coast Code Consulting for Building Plan Check and Inspection services.

COUNCIL COMMITTEE REPORTS

24. 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: Proclamation Declaring the Week of May 21 - 27, 2023, National Public Works Week

RECOMMENDED ACTION

That the City Council proclaim the week of May 21 -27, 2023 as National Public Works Week for the City of Campbell.

BACKGROUND

In 1960 the American Public Works Association instituted a public education campaign to draw attention to the importance of Public Works in the community. Public W orks professionals are charged with critical responsibilities in connection with the planning, design, construction, maintenance and operation of numerous public works projects, programs, and facilities. These accomplishments are important in building and maintaining strong communities and are particularly noteworthy in relation to the limited availability of labor and financial resources.

DISCUSSION

National Public Works Week is observed each May to raise the public’s awareness of Public Works issues and activities; and to recognize the contributions made by Public Works professionals who are dedicated to improving the quality of life and building communities for current and future generations.

This year marks the 63rd Annual National Public Works Week and the theme for 2023 is “Connecting The World Through Public Works.” This theme emphasizes the ways in which Public Works connects us all through infrastructure and service, enhancing the quality of life for the communities these professionals serve.

Public Works staff continues to work diligently to keep the City’s streets, parks, and other public facilities in a safe and well -maintained condition, thus helping maintain a sense of civic pride and positive morale. Additionally, staff continues to design, manage, and implement projects that provide value to the community, a more sustainable environment, and improvement to the overall quality of life in Campbell.

The attached proclamation declares the week of May 21 -27, 2023, as National Public Works Week for the City of Campbell.

Item: 1
Category: SPECIAL PRESENTATIONS

AND PROCLAMATIONS
Meeting Date: May 16, 2023
1 Packet Pg. 7
National Public Works Week Page 2 of 2

Prepared by:

JoAnna Thomason, Executive Assistant

Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Proclamation
1 Packet Pg. 8

PROCLAMATION
OF THE

MAYOR OF THE CITY OF CAMPBELL

WHEREAS, in 1960 the American Public Works Association instituted a public education campaign to draw attention to the importance of Public Works in the community life; and

WHEREAS, Public Works professionals focus on services that are of vital importance for creating sustainable and resilient communities that improve the quality of life for the City; and

WHEREAS, these infrastructure, facility, and service efforts could not be p ossible without the dedication of Public Works professionals – including engineers, managers and employees at all levels – in both government and the private sector – who all have a role in maintaining, rebuilding, improving and protecting our nation’s transportat ion services, water and solid waste systems, public buildings, and facilities essential for our residents; and

WHEREAS, the quality and effectiveness behind the planning, design, construction , and maintenance of these operations are dependent upon the dedication and skills of Public Works officials; and

WHEREAS, it is within the best interest of residents, community groups, and civic leaders to gain as much knowledge and understanding about the important functions, services, and programs supported by Public Works and the impact this has on their respective communities; and

WHEREAS, the year 2023 marks the 63rd annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association. This year’s them e is “Connecting The World Through Public Works.”
NOW, THEREFORE, I, Anne Bybee, Mayor of the City of Campbell, do hereby proclaim the week of May 21-27, 2023, as National Public Works Week within the City of Campbell, calling upon all residents and civic organizations to acquaint themselves with the programs and services supported by the many facets of Public Works, and recognize the contributions that Public Works employees make every day to ensure the health, safety, comfort and quality of life for all.

WITNESS MY HAND AND SEAL OF THE CITY OF CAMPBELL this 16th day of May 2023.

______________________________
Anne Bybee, Mayor
City of Campbell, California

1.a
Packet Pg. 9
Attachment: Proclamation (National Public Works Week)

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

SPECIAL MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, April 18, 2023 – 4:00 PM
City Hall Council Chamber
70 N. First St., 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 the special meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.

ROLL CALL
Attendee Name Title Status
Anne Bybee Mayor Present
Susan M. Landry Vice Mayor Present
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Remote

PUBLIC COMMENT

Public comment was taken following staff report presentations.

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

1. Public Hearing to Consider the Adoption of the 2040 General Plan (Envision Campbell), 2023 -2031 Housing Element (Campbell’s Plan for Housing), Resolving that the South of Campbell Avenue Area Plan (SOCA), North of Campbell Avenue Plan (NOCA), Central Campbell Red evelopment Plan (CCRP), and Design Guidelines for Low -Medium Density Residential Projects Shall be of No Further Force and Effect, Reestablishment o f Other Existing Area, Streetscape, and Neighborhood Plans, Establishment of a New Zoning Map, Amendments to Title 6 (Health and Sanitation), Title 7 (Animals), Title 20 (Subdivision and Land Development, and Title 21 (Zoning) of the Campbell Municipal Cod e, Adoption of Multi -Family Development and Design Standards and a Form -Based Zone Map, and Certification of a Final Programmatic Environmental Impact Report (EIR) with a Statement of Overriding Considerations in Accordance with CEQA. (Ordinance/Resolutions/Roll Call Vote)
Recommended Action: That the City Council take the following actions: (1) Adopt a Resolut ion, certifying a Final Programmatic Environmental Impact 2 Packet Pg. 10
Minutes Acceptance: Minutes of Apr 18, 2023 4:00 PM (CONSENT CALENDAR)

Minutes of April 18, 2023 City Council Special Meeting Page 2 Report (EIR) and adopt required findings with a statement of overriding considerations in accordance with CEQA; (2) Adopt a Resolution, adopting the 2040 General Plan (Envision Campbell); (3) Adopt a Resolution, adopting the 2023-2031 Housing Element (Campbell’s Plan for Housing); (4) Adopt a Resolution, resolving that the South of Campbell Ave nue Area Plan (SOCA), North of Campbell Avenue Plan (NOCA), Central Campbell Redevelopment Plan (CCRP), and Design Guidelines for Low -Medium Density Residential Projects shall be of no further force and effect and reestablish other existing area, streetscape, and neighborhood plans; (5) Take first reading and introduce an Ordinance, establishing a new zoning map and amending Title 6 (Health and Sanitation), Title 7 (Animals), Title 20 (Subdivision and Land Development), and Title 21 (Zoning) of the Campbell Municipal Code; and (6) Adopt a Resolution, adopting Multi -Family Development and Design Standards and an a ssociated Form-Based Zone Map.

Community Development Director Eastwood provided the meeting structure stating that Part 1 will be to discuss the 20 40 General Plan, Environmental Impact Repots. & 2023 -2031 Housing Element. Part 2 is to discuss the Multi - Family Development and Design Standards (MFDDS) and Part 3 will discuss necessary Code Amendments, Plans and Zoning Map.

Director Eastwood introduced De Novo Planning Group Principal, Ben Ritchie; Opticos consultants, Tony Perez, Russell Toler, and Roger Foreman and Stefan Pellegrini; M-Group consultants Geoff Bradley, Asher Kohn, Rebecca Garcia and Karen Warner; and Community Development staff, Stephe n Rose, Senior Planner and Tracy Tam Associate Planner.

Mayor Bybee acknowledged General Plan Advisory Committee (GPAC) members in the audience Jim Moffett, Barry Shilman and Navneet Rao.

Ben Ritchie of De Novo Planning Group gave a presentation on the 2040 General Plan, comm unity participation related to the General Plan process, and the Environmental Impact Report.

Jeff Bradley of M-Group gave a presentation on the 2023-2031 Housing Element.

Senior Planner Rose presented information on the Campbell Technology Park, Planning Commission Feedback and associated Council desk items.

Mayor Bybee asked the Council if they had any disclosures related to this public hearing item.

Councilmember Furtado disclosed that he had met with representatives from the Campbell Technology Park, Pruneyard, and Wesley Manor and had advised staff of these meetings.

Councilmember Lopez disclosed that he had met with representatives from the Campbell Technology Park, Pruneyard, and Pulte Homes.

2 Packet Pg. 11
Minutes Acceptance: Minutes of Apr 18, 2023 4:00 PM (CONSENT CALENDAR)

Minutes of April 18, 2023 City Council Special Meeting Page 3 Vice Mayor Landry disclosed that she had met with r epresentatives from Campbell Technology Park and Pruneyard.

There were no other Councilmember disclosures.

Councilmembers asked general questions related to Part 1 presentations.

Senior Planner Rose presented information on Part 2 – Multi-Family Development & Design Standards.

Opticos Consultant, Roger Foreman presented information on the Form -Based Map, Commercial ground floor buildings, Architectural & Building Type Standards, Modulation Standards, Building Type Standards and L arge Site Standards.

Senior Planner Rose presented information on Planning Commission feedback and Desk Items received from Pulte Homes (Llewellyn) and Hanson Bridgett. (San Tomas Plaza)

Councilmembers asked questions related to Part 2 presentations.

Councilmember Lopez ask ed about open space requirements. City Attorney Seligmann responded that these design standards are subject to the rational basis test, in this instance what is being proposed is that public access to the open space is not required, h owever if you decide t o allow public access there is some compensation for it.

In regards to the large site open space requirements Senior Planner Rose noted the proposed Resolutions do include findings on why the large sites should be required to provide open space areas.

Senior Planner Rose presented information on Part 3 – Code Amendments, Area Plans and design requirements, an updated Zoning Map to align with the General Plan, Planning Commission Feedback.

Councilmembers asked questions related to Part 3 presentations.

Mayor Bybee opened the public hearing and asked if anyone wished to speak on Part 1.

Tim Pasquenelli, representative of the Campbell Technology Park stated it will be impossible to develop at this site using the City’s proposal t o use only 3 of the 4 parcels at an increased density. He requested that the Campbell Technology Park be rezoned at a lower density.

Seeing no one else wishing to speak, Mayor Bybee closed this portion of the public hearing.

Councilmember Lopez suggested looking at sites othe r than the Campbell Technology Park to move the Corp. Yard.
2 Packet Pg. 12
Minutes Acceptance: Minutes of Apr 18, 2023 4:00 PM (CONSENT CALENDAR)

Minutes of April 18, 2023 City Council Special Meeting Page 4

Councilmember Furtado expressed concerns with moving the Corp. Yard to the Campbell Technology Park. He also stressed the importance of having any final decision made by Planning Commission to be appealable to the City Council.

Community Development Director Eastwood confirmed that decisions are appealable to the City Council.

Vice Mayor Landry stated support of excluding the forth parcel from housing at the Campbell Technology Park but wished to keep the remaining three parcels at a lower density.

Councilmembers thanked the GPAC members for all their work in updating the General Plan.

Mayor Bybee commented on the Campbell Technology Park stating a feasibility study should be done first to determine if moving the Corp. Yard there is a viable option. She was supportive of the low-medium density of the parcels as originally presented but understands the challenges in trying to achieve low to moderate income housing.

Councilmember Lopez suggested going back to the previous version with four parcels so there is no net loss of units.

Councilmembers discussed leaving the Campbell Technology Park with three parcels at a high density, all four par cels at a Medium -High Density or a density transfer to a San Tomas site.

After discussion, M/S: Lopez/Scozzola – That the City Council take the following actions: adopt Resolution 12962 certifying a Final Programmatic Environmental Impact Report (EIR) and adopt required findings with a statement of overriding considerations in accordance with CEQA; adopt Resolution 12963, adopting the 2040 General Plan (Envision Campbell); and adopt Resolution 12964, adopting the 2023 -2031 Housing Element (Campbell’s Plan for Housing). The motion was adop ted by the following roll call vote with Vice Mayor Landry stating objections to the portion related to the Campbell Technology Park:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Scozzola
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

Director Eastwood noted additional language to add into the resolution adopting the general plan in reference to exploring opportunities to relocate the Campbell Corporation Yard to the Campbell Technology Park to include “or other fea sible locations”

2 Packet Pg. 13
Minutes Acceptance: Minutes of Apr 18, 2023 4:00 PM (CONSENT CALENDAR)

Minutes of April 18, 2023 City Council Special Meeting Page 5 M/S: Lopez/Scozzola – To amend the previous motion to include “or other feasible locations” into Resolution 12963. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Scozzola
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

Mayor Bybee opened the public hearing and asked if anyone wished to speak on Part 2.

Matt Weber, Ellis Partners VP of development, spoke of the Pruneyard project improvements thus far and the next project phase of residential development nestled between Highway 17 and E. Campbell Ave. He noted reasons why this area would not be suitable for retail and requested this requirement be removed at this site.

Jim Sullivan, representing Pulte Homes and the Llewellyn Ave. potential project site spoke of open space requirements and requested that the proposed park be accessible to the public via accessible pedestrian pathways.

Sara Chaffin, Campbell re sident stated concerns with ground floor commercial space having a 15 -foot height requirement and requeste d that be changed to 12 feet.

Raja Pallela, Campbell resident, spoke about the MFDDS in the San Tomas neighborhood and requested the 2.5 story limitation be changed to 3 stories.

Bruce Bowen, Campbell property owner, commented on retail on Campbell Ave. only working if the retail businesses are linked together.

Dennis Randall, Campbell Ave./Bascom Ave. property representative, requested the commercia l/retail continue East of Campbell Avenue. Regarding the commercial building height, he stated concerns with anything above 12 feet.

Seeing no one else wishing to speak, Mayor Bybee closed this portion of the public hearing.

Councilmember Furtado felt th at a 12 -foot first floor height is adequate and was in favor of that 12 -foot height to be a concession to developers for affordable housing.

Councilmember Furtado was not supportive of ground floor commercial requirements in the downtown area.

Vice May or Landry stated support for a 12 -foot ground floor height. She also stated support for the ground floor retail requirement except at the Pruneyard.

2 Packet Pg. 14
Minutes Acceptance: Minutes of Apr 18, 2023 4:00 PM (CONSENT CALENDAR)

Minutes of April 18, 2023 City Council Special Meeting Page 6 Councilmember Lopez stated support for a 12 -foot maximum ground floor height and agreed with Vice Mayor La ndry in excluding the strip by the Pruneyard from the ground floor commercial requirement. In regards to t he Llewellyn site, he supported the flexibility on how we define the public right -of-way and having a dedicated pedestrian path.

Councilmember Scozz ola stated support for a 12 -foot ground floor height requirement and emphasized the importance of open space.

Mayor Bybee was supportive of a 12 -foot maximum ground floor height and in excluding the strip by the Pruneyard from the ground floor commercial requirement.

Councilmembers discussed open space requirements and how those related to pedestrian pathways.

M/S: Lopez/Landry - That the City Council adopt Resolution 12966 adopting Multi -Family Development and Design Standards and an associated Form -Based Zone Map with the addition to add an option for people to elect to add a public Right-of-Way which can include a pedestrian pathway, and with the addition of changing the 1 5-foot height limit to 12 - foot, and to exclude the Pruneyard site area from the Campbell Avenue commercial ground floor requirement. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Landry
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

Mayor Bybee opened the public hearing and asked if anyone wished to speak on Part 3.

Sara Chaffin, Campbell resident commented on lowering the eligibility threshold standard from 50 units to 25 units.

Jim Sulliva n, Campbell resident thanked staff, De Novo Consulting Group, M - Group, and Opticos for all their hard work and commended them on a job well done.

Raja Pallela, Campbell resident reques ted the Council retire the San Tomas Neighborhood Plan. He stated the N eighborhood Plan is non -inclusionary and discretionary.

Dennis Randall, Campbell Ave./Bascom Ave. property representative, expressed disappointment in the areas on Campbell Ave. not re quired to have ground floor commercial.

Pradhiv Karri, Campbell reside nt, requested the Council retire the San Tomas Neighborhood Plan.
2 Packet Pg. 15
Minutes Acceptance: Minutes of Apr 18, 2023 4:00 PM (CONSENT CALENDAR)

Minutes of April 18, 2023 City Council Special Meeting Page 7

Seeing no one else wishing to speak, Mayor Bybee closed the public hearing.

After discussion, M/S: Landry/Furtado – That the City Council adopt Resolution 12965, resolving that the South o f Campbell Avenue Area Plan (SOCA), North of Campbell Avenue Plan (NOCA), Central Campbell Redevelopment Plan (CCRP), and Design Guidelines for Low -Medium Density Residential Projects s hall be of no further force and effect and reestablish other existing a rea, streetscape, and neighborhood plans; and take first reading and introduce Ordinance 2293, establishing a new zoning map and amending Title 6 (Health and Sanitation), Title 7 (Anima ls), Title 20 (Subdivision and Land Development), and Title 21 (Zoning) of the Campbell Municipal Code, including the desk item. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
City Clerk Sanders read the full title of Ordinance 2293.

M/S: Furtado/Landry – That the City Council waive further reading of Ordinance 2294. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Landry
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

ADJOURN
Mayor Bybee adjourned the meeting at 7:25 p.m.

APPROVED:

ATTEST:

Anne Bybee, Mayor

Andrea Sanders, City Clerk

2 Packet Pg. 16
Minutes Acceptance: Minutes of Apr 18, 2023 4:00 PM (CONSENT CALENDAR)

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

CITY COUNCIL EXECUTIVE SESSION
Tuesday, May 2, 2023 – 5:45 p.m.

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

This City Council meeting was duly noticed pur suant 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 the special meeting place, at Campbell City Hall, 70 N. First Street, Campbell California in the Ralph Doetsch Conference Room.

ROLL CALL
Attendee Name Title Status
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present
Dan Furtado Councilmember Present
Susan M. Landry Vice Mayor Present
Anne Bybee Mayor Present

PUBLIC COMMENT
There was no public comment.

MOVE INTO CLOSED EXECUTIVE SESSION

A. Personnel – Pursuant to G.C. Section 54957: Public Employee Performance Evaluation – City Clerk

B. Litigation

C. Real Property

D. Labor Negotiations – Pursuant to G.C. Section 54 957.6: Conference with Labor Negotiator - Agency Designated Representatives: City Council and City Clerk Performance/Compensation Subcommittee Members: Anne Bybee and Susan M. Landry
Unrepresented Employee: City Clerk

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Minutes Acceptance: Minutes of May 2, 2023 5:45 PM (CONSENT CALENDAR)

Minutes of May 2, 2023 City Council Executive Session Meeting Page 2 Pursuant to G.S. Section 54957.6: Conference with Labor Neg otiator – Agency Negotiator: Jenny Le -Christensen, Human Resources Manager. Unrepresented Groups: Confidential/Unclassified/Classified Management

The City Council met in Executive Session to discuss items A and D. City Clerk, And rea Sanders was in attenda nce for item A and the first item under D. City Manager, Brian Loventhal; City Attorney, William Seligmann; and Human Resources Manager, Jenny Le-Christensen Finance Director, Will Fuentes and Police Chief, Gary Berg were in attendance for the second part of item D.

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

APPROVED:

Anne Bybee, Mayor

ATTEST:

Andrea Sanders, City Clerk

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Minutes Acceptance: Minutes of May 2, 2023 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, May 2, 2023 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

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 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
Anne Bybee Mayor Present
Susan M. Landry Vice Mayor Present
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chamber of Commerce “Citizen of the Year” recipient Nicholas Welzenbah and his wife Kendall, daughter Audrey and son Lachlan.

Mayor Bybee thanked Mr. Welzenbach and family for leading the Pledge and presented him with a certificate of appreciation.

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Presentation of Resolutions to Campbell Chamber of Commerce Citizen and Business of the Year Recipients
Recommended Action: That the City Council present resolutions to the 2022 Chamber of Commerce Citizen of the Year recipient Nicholas Welzenbach and Business of the Year Recipient Sports Basement.

Mayor Bybee congratulated Nicholas Welzenbach for his award as Campbell Chamber of Commerce “Citizen of the Year”, noted his contributi ons to the 4 Packet Pg. 19
Minutes Acceptance: Minutes of May 2, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of May 2, 2023 City Council Meeting Page 2
Campbell community and presented him with a framed Resolution signed by all Councilmembers.

Councilmembers congratulated Mr. Welzenbach for his many contributions to the community.

Mr. Welzenbach thanked the City Council for the recognition and spoke of the many reasons he and his family enjoy being active in the community.

A representative from the Chamber of Comme rce “Business of the Year,” Sports Basement was unable to attend the meeting. Mayor Bybee stated she will present their Resolution at a future time.

2. Proclamation Recognizing National Peace Officers Memorial Day and Declaring the Week of May 14-20, 2023 as National Police Week Recommended Action: That the City Council recognize May 14 -20, 2023 as “National Police Week” to honor the Campbell Police Department and May 15, 2023 as “National Peace Officers Memorial Day” for America’s law enforcement officers who have lost their lives in the line of duty for the safety and p rotection of others.

Mayor Bybee spoke of the significance of National Peace Officers Memorial Day and declared the week of May 14-20, 2023 as National Police Week.

Police Chief Berg tha nked Mayor Bybee and invited night patrol staff members up to accept the proclamation.

Sergeant Quintero, Agent Favreau, Officer Palmer, Officer Johnson, and Officer Stephens accepted the proclamation on behalf of the Campbell Police Department.

Councilmembers expressed their appreciation and thanked the Campbell Police Department for their service to the City of Campbell.

COMMUNICATIONS AND PETITIONS
There are no communications and petitions.

ORAL REQUESTS

Amy Cody, Campbell resident, Cloud City Supply business owner, and Downtown Campbell Business Association (DCBA) p resident, thanked the City Council for their continued support of DCBA community events and appreciated the partnership with the Campbell Police Department for their assistance in helping to seek approval of their upcoming car show event.

COUNCIL ANNOUNCEMENTS
May is Mental Health Awareness Month and has been observed in the U.S. since 1949.

Every year during the month of May, the National Alliance on Mental Illness (NAMI) joins the national movement to raise awareness about mental health by fighting stigma, 4 Packet Pg. 20
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providing support, and advocating for policies that support the millions of people affected by mental illness. Throughout the month of May, NAMI invites you to sh are on social media w hy your are more than enough by tagging @NAMICommunicate and hashtag your post with #MoreThanEnough. Feel free to also bookmark this webpage, additional resources and ways to get involved will be added.

April 30 through May 6 is th e 54 th Annual Profess ional Municipal Clerks Week. This week is a time of celebration and reflection on the importance of the Clerk’s office and the vital services they provide for local government and the community. Mayor Bybee thanked the City Clerk and her staff for the support provided to Council and City staff.

To pay tribute to the brave local, state and federal peace officers who have died or been disabled in the line of duty, the Campbell Water Tower will be lit on Monday, May 15 in recognition of National Peace Officers Memorial day.

Join the Campbell Veterans Memorial Foundation in honoring the men and women who have died while serving in the United States mi litary on Monday, May 29 from 9:00 a.m. to 10:00 a.m. at the Orchard City Green located here at City Hall.

Back to school museum field trips are open for reservations. The Campbell Historical Museum & Ainsley House are available for school trips. Progra ms are designed to complement study units for 2 nd and 3 rd grade students. Activities invite students to engage in experiential learning as they rotate through exhibit stations and tour the Ainsley House. To find out more, please visit campbellca.gov.

Event tickets are available for the Ainsley House Spring Garden Con certs. On Sunday, June 18, Campbell welcomes Ren Geisick a singer song writer from Los Gatos. Enjoy elements of jazz, blues, country and soul. Re n delivers a heartfelt performance of original music and reimagined classics. To purchase tickets, or to f ind out more about other concert events, please visit campbellmuseums.com.

CONSENT CALENDAR

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

Vice Mayor Landry commented on ite m eight stating that she hopes the City continues their water conservation efforts.

The Consent Calendar was considered as follows:

3. Minutes of City Council Regular Meeting of April 18, 2023 Recommended Action: Approve the regular meeting minutes of April 18, 2023.

This action approves the regular meeting minutes of April 18, 2023.

4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $1,745,057.60.

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This action approves the bills and claims in the amount of $1,745,057.60 as follows: bills and claims dated April 3, 2023, in the amount of $442,825.29; and bills and claims dated April 10, 2023, in the amount of $1,302,232.31.

5. Monthly Investment Transactions Report (March 2023)
Recommended Action: That the Ci ty Council review and accept the Monthly Investment Transactions Report for March 2023.

This action accepts the Monthly Investment Transactions Report for March 2023.

6. Monthly Treasurer's Report (March 2023)
Recommended Action: That the City Council re view and accept the Monthly Treasurer’s Report for the month ended March 31, 2023.

This action accepts the Monthly Treasurer’s Report fo r the month ended March 31, 2023.

7. Second Reading of Ordinance 2293 Establishing a New Zoning Map and Amending Title 6 (Health and Sanitation), Title 7 (Animals), Title 20 (Subdivision and Land Development) , and Title 21 (Zoning) of the Campbell Municipal Code (Ordinance/Roll Call Vote)
Recommended Action: That the City Council approve the second reading and adopt Ordi nance 2293 establishing a new zoning map and amending Title 6 (Health and Sanitation), Title 7 (Animals), Title 20 (Subdivision and Land Development), and Title 21 (Zoning) of the Campbell Municipal Code.

Ordinance 2293 establishes a new zoning map and am ends Title 6 (Health and Sanitation), Title 7 (Animals), Title 20 (Subdivision and Land Development), and Title 21 (Zoning) of the Campbell Municipal Code.

8. Adopt a Resolution Rescinding Stage 3 and Enacting Stage 1 of the City’s Drought Measures in Acco rdance with Recent Water Supply Updates (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution to resc ind Stage 3 and enact Stage 1 of the City’s Drought Measures, Section 8.34.022 of the Municipal Code, in accordance wit h actions taken by Governor Newsom, Santa Clara Valley Water District (Valley Water), and San Jose Water Company (SJWC).

Resolution 1297 4 rescinds Stage 3 and enacts Stage 1 of the City’s Drought Measures, Section 8.34.022 of the Municipal Code, in accord ance with actions taken by Governor Newsom, Santa Clara Valley Water District (Valley Water), and San Jose Water Company (SJWC).

9. Resolution Amending Pay Ranges for Temporary Positions (Resolution/Roll Call Vote)
Recommended Action: That the City Counci l adopt a Resolution amending pay ranges for temporary positions.

Resolution 12975 amends pay ranges for temporary positions.

10. Amendment to the Classification and Salary Plan
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Minutes Acceptance: Minutes of May 2, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of May 2, 2023 City Council Meeting Page 5
Recommended Action: That the City Council adopt the Resolution amending the Classification and Salary Plan for Arborist.

Resolution 12976 amends the Classification and Salary Plan for Arborist.

M/S: Landry/Lopez - That the City Council approve the consent calendar.

The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

Mayor Bybee asked the City Council if there were any disclosures, they would like to make in regards to the Public Hearing items. There were no disclosures made.

11. Public Hea ring to Consider the Request of Joma Studio Architects for Property Located at 24 -28 E. Campbell Avenue to Allow Construction of a 3-Story, Approximately 8,000 Square -Foot Mixed -Use Buildi ng, Consisting of Ground-Floor and 2Nd -Level (Mezzanine) Commercial/ Office Space, and Three 1 -Bedroom Upper -Level Apartment Units. the Application Under Consideration Includes a Planned Development Permit. File No.: PLN -2022-

79. (Resolution/Roll Call Vote)
Recommended Action: The Planning Commission recommends that the City Council adopt a Resolution approving a Planned Development Permit to allow construction of a 3-story, approximately 8,000 square-foot mixed-use building.

This is the time and place for a public hearing to consider t he request of Joma Studio Architects for property located at 24 -28 E. Campbell Avenue to allow construction of a 3 -story, approximately 8,000 square -foot mixed -use building, consisting of ground -floor and 2nd -Level (Mezzanine) Commercial/Office Space, and thre e 1 -bedroom upper -level apartment Units. The application under consideration includes a Planned Development Permit.

Senior Planner Fama presented a staff report dated May 2, 2023.

Following Council questions, Mayor Bybee opened the public hearing.

Anthony Joma of Joma Studio Architects stated that he was available if the City Council had any questions.

Seeing no one else wishing to speak, Mayor Bybee closed the public hearing.

After discussion, M/S: Landry/Furtado - That the City Council adopt Resolution 12977 approving a Planned Development Permit to allow construction of a 3 -story, approximately 8,000 square -foot mixed -use building. The motion was adopted by the following roll call vote:
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Furtado
AYES: Bybee, Landry, Furtado
ABSTAIN: Lopez, Scozzola

12. Continued Public Hearing to Consider an Appeal of the Planning Commission’s Approval of a Variance for Property Located at 68 Page Street to Allow Construction of a n Approximately 1,053 Square -Foot One- Story Single -Family Dwelling, Inclusive of a 313 Square -Foot Junior Accessory Dwelling Unit (JADU), with a 529 Square -Foot Attached Accessory Dwelling Unit (ADU), with Substandard Front - and Street -Side Setbacks (14 ½ -Ft and 3 -Ft Respectively), Includin g Retention of an Existing Detached Non-Conforming Garage. File No.: PLN-2022-101.

Recommended Action: That the City Council continue the public hearing on the appeal of the Variance approved by the Planning Commission r elated to the property located at 6 8 Page Street to allow the applicant time to revise the Variance plans in response to community concerns and to allow the applicant the opportunity to be present at the hearing.

This is the time and place for a public he aring to consider an appeal of the Planning Commission’s approval of a Variance for property located at 68 Page Street to allow construction of an approximately 1,053 square -foot one -story Single-Family Dwelling, inclusive of a 313 square-foot Junior Accessory Dwelling Unit (JADU), with a 529 square -foot attached Accessory Dwelling Unit (ADU), with substandard front and street -side setbacks (14 ½ -Ft and 3 -Ft respectively), including retention of an existing detached non-conforming garage.

Senior Planner Fama presented a staff report dated May 2, 2023. Senior Planner Fama stated staff is recommending deferring this item to a future date to allow the applicant and architect additional time to revise the project plans based on Council’s direction.

Following Council questions, Mayor Bybee opened the public hearing and asked if anyone wished to speak.

Leanne Hamakin, Campbell resident thanked the Council for their consideration on this item and was in attendance to receive a status update on the project.

After discussion, M/S: Furtado/Scozzola - That the City Council continue the public hearing to a date uncertain. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Scozzola
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

13. Public Hearing and Introduction of an Ordinance Amending Provisions of the Campbell Municipal Code to Revise the Business License Tax Rates Effective in Fiscal Year 2024 (Ordinance/Roll Call Vote) 4 Packet Pg. 24
Minutes Acceptance: Minutes of May 2, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of May 2, 2023 City Council Meeting Page 7
Recommended Action: That the City Council introduce and take a first reading of an Ordinance amending provisions of the Campbell Municipal Code to revise the business license tax rates, effective in Fiscal Year (FY) 2024.

This is the time and place for a public hear ing to consider introduct ion of an Ordinance amending provisions of the Campbell Municipal Code to revise the business license tax rates, effective in Fiscal Year (FY) 2024.

Finance Director Fuentes presented a staff report dated May 2, 2023.

Following Council questions, Mayor B ybee opened the public hearing and asked if anyone wished to speak.

Seeing no one wishing to speak, Mayor Bybee closed the public hearing.

After di scussion, M/S: Landry/Lopez - That the City Council introduce and take a first reading of an Ordinance ame nding provisions of the Campbell Municipal Code to revise the business license tax rates, effective in Fiscal Year (FY) 2024. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
City Clerk Sanders read the full title of Ordinance 2294.

M/S: Landry/Furtado - That the City Council waive further reading of Ordinance 2294. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

14. Approval of Fiscal Year 2024 Schedule of Fees and Charges (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving the Fiscal Year (FY) 2024 Schedule of Fees and Charges, effective July 1, 2023.

This is the time and place for a public hearing to consider approval of Fiscal Year 2024 Schedule of Fees and Charges.

Finance Director Fuentes introduced Terry Madsen of ClearSource Financial Consulting, who presented a staff report dated May 2, 2023.

Following Council questions, Mayor Bybee opened the public hearing and asked if anyone wished to speak.

Seeing no one wishing to speak, Mayor Bybee closed the public hearing.

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Minutes of May 2, 2023 City Council Meeting Page 8
The Cit y Council discussed appeal fees. They noted the appeal fee should be kept at a reasonable amount to ensure public accessibility to file an appeal.

The Council discussed lowering the proposed appeal fee from $500 to $300.

M/S: Landry/Furtado – That the Cit y Council adopt Resolution 12978 approving the Fiscal Year (FY) 2024 Schedule of Fees and Charges, effective July 1, 2023 and changing the appeal fee to $300. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

15. Assembly Bill 481, Military Equipment Annual Report (Ordinance/Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution finding that each type of militar y equipment identified in the 2022 Military Equipment Annual Report has complied with the standard set forth in Ordinance 2280; and introduce an ordinance for first reading renewing City of Campbell Ordin ance 2280, per the requirements set forth in Califor nia Government Code § 7070, et. seq.

This is the time and place for a public hearing to consider Assembly Bill 481, Military Equipment Annual Report.

Police Captain Livingston presented a staff report dated May 2, 2023.

Following Council questions, Mayo r Bybee opened the public hearing and asked if anyone wished to speak.

Seeing no one wishing to speak, Mayor Bybee closed the public hearing.

After discussion, M/S: Landry/Lopez – That the City Council adopt Resolution 12979 finding that each type of mil itary equipment identified in the 2022 Military Equipment Annual Report has complied with the standard set forth in Ordinance 2280; and introduce Ordinance 2295 for first reading renewing City of Campbell Ordinance 2280, per the requirements set forth in California Government Code § 7070, et. seq. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
City Clerk Sanders read the full title of Ordinance 2295.

M/S: Furtado/Lopez – That the City Council waive further reading of Ordinance 2294. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
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Minutes of May 2, 2023 City Council Meeting Page 9
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

NEW BUSINESS

16. Downtown Special Event Fee Waiver Request - Campbell Chamber of Commerce
Recommended Action: That the City Council consider and provide direction to staff regarding the request s from the Campbell Chamber of Commerce to (1) approve a fee waiver allowing the Campbell Chamber of Commerce to pay no more than $25,000 in Downtown Special Event Permit fees to the City of Campbell for processing and staffing costs related to the Campbel l Chamber of Commerce’s 2023 Boogie Music Festival; and (2) a mend the existing Promissory Note between the City of Campbell and the Campbell Chamber of Commerce to reflect the same not -to-exceed Downtown Special Event Permit fee amount of $25,000 for the C ampbell Chamber of Commerce’s Boogie Music Festival and Oktoberfest events held in 2019, 2021 and 2022.

Assistant City Manager Gaeta presented a staff report dated May 2, 2023.

Following Council questions, Mayor Bybee asked if anyone from the public wished to speak.

Campbell Chamber of Commerce Executive Director , Ken Johnson spoke of the community benefit to the Chamber events, presented a history of past events in relation to costs, fees, and revenues. He requested the City Council amend the existing P romissory Note between the City of Campbell and the Campbell Chamber of Commerce to reflect the same not -to-exceed Downtown Special Event Permit fee amount of $25,000 for the Campbell Chamber of Commerce’s Boogie Music Festival and Oktoberfest events held in 2019, 2021 and 2022.

Nicholas Welzenbach, of Darling & Fi scher Garden Chapel and Chamber of Commerce member spoke in support of the Chamber and their request.

The Council discussed the fee waiver request and amending the existing promissory note to re duce the fees owed and how it relates to the City’s fiscal responsibility.

Police Chief Berg provided information related to the Police services that are needed to staff the Chamber events and the costs thereof.

There was Council consensus to approve the $25,000 fee waiver for the Chamber’s 2023 Boogie Music Festival.

After discussion, M/S: Furtado/Scozzola – That the City Council consider and provide direction to staff regarding the requests from the Campbell Chamber of Commerce to approve a fee waiver allowing the Campbell Chamber of Commerce to pay no more tha n $25,000 in Downtown Special Event Permit fees to the City of Campbell for processing and staffing costs 4 Packet Pg. 27
Minutes Acceptance: Minutes of May 2, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of May 2, 2023 City Council Meeting Page 10
related to the Campbell Chamber of Commerce’s 2 023 Boogie Music Festival. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Scozzola
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

M/S: Furtado/ Scozzola – That the City Council provide directio n to staff to amend the existing Promissory Note between the City of Campbell and the Campbell Chamber of Commerce to reflect the same not -to-exceed Downtown Special Event Permit fee amount of $25,000 for the Campbell Chamber of Commerce’s Boogie Music Fes tival and Oktoberfest events held in 2019, 2021 and 2022.

Vice Mayor Landry made a friendly amendment to approve not -to-exceed amounts of $25,000 for the Boogie Musical events and $35,000 for Oktoberfest events.

Councilmembers Furtado and Scozzola accepted the friendly amendment.

The motion was adopted by the following roll call vote:

RESULT: ADOPTED [4 TO 1]
MOVER: Furtado
SECONDER: Scozzola
AYES: Landry, Furtado, Lopez, Scozzola
NAYS: Bybee

City Manager Loventhal stated that resolutions would be brought forward at a future meeting to effectuate the Council’s decisions.

UNFINISHED BUSINESS
There was no unfished business.

COUNCIL COMMITTEE REPORTS

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

Councilmember Furtado spoke of the upcoming budget discussions to be had at the West Valley Sanitation District meeting; Silicon Valley Clean Water JPA meeting; and the West Valley Solid Waste Authority JPA meeting.

Vice Mayor Landry attended the Santa Clara County Library District JPA Board of Directors meeting where she was appoint ed Chair; and attended the City’s Arbor Day event at John D. Morgan park.

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Councilmember Lopez attended the City’s Arbor Day event; and the Santa Clara Valley Transportation Authority Policy Advisory Board meetings; and presented a Mayor’s Proclamation at San Jose State for their Asian American Studies Founders Alumni event.

Councilmember Lopez commen ted on the vandalism of some community signs that were intended to be welcoming. He reaffirmed that Campbell is a welcoming place and that type of behavior is not in line with Campbell’s values.

Mayor Bybee attended the West Valley Mayors and Managers mee ting with guest speak Supervisor Simitian.

ADJOURN
Mayor Bybee adjourned the meeting at 9:49 p.m.

APPROVED:

ATTEST:

Anne Bybee, Mayor
Andrea Sanders, City Clerk
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Minutes Acceptance: Minutes of May 2, 2023 7:30 PM (CONSENT CALENDAR) City
Council
Report
TITLE: Approving Bills and Claims

RECOMMENDED ACTION
Approve the bills and claims in the amount of $1,037,815.90.

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

Type Check Date Amount
Payroll April 13, 2023 $33,893.75
Bills & Claims April 17, 2023 $392,231.17
Bills & Claims April 24, 2023 $538,554.22
Payroll April 27, 2023 $73,136.76
Total $1,037,815.90

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

Prepared by:

Celia Deniz, Accounting Clerk II
Item: 5
Category: CONSENT CALENDAR
Meeting Date: May 16, 2023
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Reviewed by:

Will Fuentes, Finance Director

Approving Bills and Claims Page 2 of 2
Brian Loventhal, City Manager
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Approved by:

City
Council
Report
TITLE: Investment Report - Quarter Ending March 2023

RECOMMENDED ACTION
That the City Council approve the Investment Report for the quarter ending March 2023 and the report be noted and filed.

DISCUSSION
The City invests primarily in the State of California Local Agency Investment Fund (LAIF) and US Government Agency securities to preserve the safety of the City’s surplus funds while achieving a reasonable portfolio return. The City’s strategy is one of buy-and-hold in which a portion of the portfolio is invested in fixed income securities of varying maturities providing sufficient cash flow to meet the City’s operational needs.

During the quarter, the City’s tot al pooled investment portfolio increased $5.7 million to $97.8 million The City purchased $2.0 million in fixed rate government agency FHLB bonds; a 1.0 year earning 5.25%, along with a 1.5 year earning 5.40%. $1.0 million was deposited for the City’s Apri l TARB and LRB debt service payments. A $1.0 FHLB agency bond earning 5% interest was redeemed early. Interest earned for the quarter rose to $621,463. Major inflows were $2.6 million received for a State Library grant, as well as $8.8 million in property taxes and $4.7 million in sales taxes. Overall, property, sales, franchise and TOT taxes collectively were up 15% from the same quarter in FY 2022. Outflows were relatively average this period with no unusually large expenditures.

Please note that the City pools all cash for investment purposes, but accounts, reports, and tracks investment income, other revenue, and expenditures separately for each fund to properly meet the purpose and restrictions of each funding source. This is common and appropriate prac tice used in public agencies to gain the benefit of economies of scale when investing.

All investments are made in accordance with the City's established Investment Policy (Approved by Resolution No. 12872 on August 16, 2022) or as authorized pursuant to bond covenants. Presented within this report are the following:
· Investment balance & earnings - Qtr. ending, March 2023 · Summary of investments by type - Qtr. ending March 2023 · List of investments by institution - Qtr. ending March 2023 · Reconciliation of pooled cash - Qtr. ending March 2023 Item: 6
Category: CONSENT CALENDAR
Meeting Date: May 16, 2023
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Investment Report - Quarter Ending March 2023 Page 2 of 4 · Summary of Total Cash Invested - Qtr. ending March 2023 · Monthly Schedule of Investments - Qtr. ending March 2023 · Cash flow projections for April 2023 thru September 2023 · Actual Receipts and Disbursements - Qtr. ending March 2023

Cash Flow

The cash flow projection reflects sufficient funds available to meet the City of Campbell’s anticipated expenditures for April 2023 through September 2023. (Attachment B). When highly liquid LAIF funds ($70.7 million) are combined with actual cash on deposit ($1.4 million), the City has $72.1 million in actual liquid cash balances as of the end of March 31, 2023. The City’s managed liquidity is estimated to decrease by $10.5 million down to $61.6 million by the end of September 2023, due to a projected 6 months cumulative $8.5 million negative operational cash flow as well as an estimated $2.0 million of new investment purchases drawn from LAIF. Expenditures will increase due to the FY 2024 annual unfunded CalPE RS liability payment of $5.1 million, $1.4 million for the annual JPA insurance premium, $5.1 million in combined debt service for TARB, LRB and Measure O bonds as well as increased A/P activity due to the seasonal trends. We’re expecting property, sales a nd other economic activity -related receipts to continue growing but will monitor as the economy may begin to experience slower growth. Staff prioritizes safety, liquidity, and maximizing return, in that order.

* The City intends to hold treasury/agency s ecurities to maturity or until they are called, as a result this is a paper gain and/or loss that will not be realized. In a decreasing interest rate environment, as we are experiencing, unrealized gains are expected.
** Cash with fiscal agent held for debt service payments. 6 Packet Pg. 33
Investment Report - Quarter Ending March 2023 Page 3 of 4 Prepared by:

John Formale, Accountant
Reviewed by:

Will Fuentes, Finance Director
Approved by:

Brian Loventhal, City Manager
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Investment Report - Quarter Ending March 2023 Page 4 of 4

Attachment:
a. Cashflow Projections
b. Quarterly Schedule of Investments
c. Actual Receipts and Disbursements
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6.a
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Attachment: Cashflow Projections (Investment Report - Quarter Ending March 2023)

6.a
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Attachment: Cashflow Projections (Investment Report - Quarter Ending March 2023)

6.a
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Attachment: Cashflow Projections (Investment Report - Quarter Ending March 2023)

6.a
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Attachment: Cashflow Projections (Investment Report - Quarter Ending March 2023)

6.a
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Attachment: Cashflow Projections (Investment Report - Quarter Ending March 2023)

6.a
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Attachment: Cashflow Projections (Investment Report - Quarter Ending March 2023) City of Campbell
Quarterly Schedule of Investments -
Mar-230.44 \
Maturities/ Remain Interest Interest # of Int.Recv. Interest Interest Int.Recv. Interest Interest Beginning Purchases/ Calls/ Ending % of % of Par Market Maturity Days Rate Earned to Days in Beginning Earned Received Ending Received Bal. to Balance Deposits Withdrawals Balance Type Assets Value Value Date To Mat (Annual) Maturity Mo Balance This Qtr. This Qtr. Balance To Date Maturity Local Agency Investment Fund (L.A.I.F.) 66,072,759 13,126,463 (8,450,000) 70,749,222 100.00% 72.36% 70,749,222 69,794,838 N/A N/A 2.831% N/A 31 308,494 458,024 337,463 429,055 2,132,729 N/A Gov't Securities (Custodian-BNY Bank) . - -
Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - 1,000,000 4.00% 1.02% 1,000,000 944,940 08/26/24 514 0.500% 16,274 31 857 1,233 - 2,089 7,500 8,774 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.00% 1.02% 1,000,000 935,830 01/22/25 663 0.700% 24,567 31 3,529 1,726 3,500 1,755 10,500 14,067 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.00% 1.02% 1,000,000 923,170 09/17/25 901 0.800% 32,022 31 2,674 1,973 4,000 647 8,000 24,022 Fed. Home Loan Bank (FHLB)_Step up 1,000,000 1,000,000 4.00% 1.02% 1,000,000 951,890 11/18/24 598 0.350% 10,510 31 412 863 - 1,275 3,500 27,028 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.00% 1.02% 1,000,000 926,920 07/29/25 851 0.810% 30,381 31 3,423 1,997 4,050 1,370 10,125 20,256 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.00% 1.02% 1,000,000 931,730 03/21/25 721 0.650% 22,741 31 2,173 1,603 3,250 525 6,500 16,241 Fed. Home Loan Bank (FHLB)_Step up 1,000,000 1,000,000 4.00% 1.02% 1,000,000 976,380 02/28/25 700 1.250% 37,534 31 4,264 3,082 - 7,346 6,250 31,284 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.00% 1.02% 1,000,000 956,330 02/27/25 699 2.000% 60,000 31 6,877 4,932 10,000 1,809 19,944 40,056 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.00% 1.02% 1,000,000 972,780 02/23/24 329 1.750% 34,760 31 6,212 4,315 8,750 1,777 17,257 17,503 Fed. Farm Credit Bank (FFCB)_Fixed 1,000,000 1,000,000 4.00% 1.02% 1,000,000 979,160 06/22/26 1,179 4.120% 164,913 31 959 10,159 - 11,118 20,600 144,313 Fed. Farm Credit Bank (FFCB)_Fixed 2,000,000 2,000,000 8.00% 2.05% 2,000,000 1,977,320 12/22/23 266 3.490% 104,604 31 1,625 17,211 - 18,836 34,900 69,704 Fed. Farm Credit Bank (FFCB)_Fixed 1,000,000 1,000,000 4.00% 1.02% 1,000,000 969,200 07/12/27 1,564 3.960% 198,108 31 18,661 9,764 19,800 8,625 39,600 158,508 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.00% 1.02% 1,000,000 984,310 07/19/24 476 3.430% 68,694 31 15,412 8,458 17,150 6,719 17,150 51,544 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.00% 1.02% 1,000,000 986,470 07/21/25 843 3.650% 109,600 31 16,300 9,000 18,250 7,050 18,250 91,350 Fed. Home Loan Bank (FHLB)_Step Up 2,000,000 2,000,000 8.00% 2.05% 2,000,000 1,990,160 01/25/24 300 3.000% 90,247 31 26,137 14,795 30,000 10,966 30,000 60,247 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.00% 1.02% 1,000,000 984,740 01/28/25 669 3.625% 90,873 31 15,493 8,938 18,125 6,307 18,125 72,748 Fed. Home Loan Bank (FHLB)_Fixed- orig 1,000,000 1,000,000 4.00% 1.02% 1,000,000 985,650 07/26/24 483 3.550% 70,805 31 15,075 8,753 17,454 6,375 17,454 53,351 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 (1,000,000) - 0.00% 0.00% - - 02/07/24 - 0.000% - 0 7,260 5,239 12,500 (0) - - Fed. Home Loan Bank (FHLB)_Fixed - 1,000,000 1,000,000 4.00% 1.02% 1,000,000 1,000,470 3/1/24 (45,016) 5.250% 52,644 30 - 4,315 - 4,315 17,454 (6,488,043) Fed. Home Loan Bank (FHLB)_Fixed - 1,000,000 1,000,000 4.00% 1.02% 1,000,000 1,001,010 9/6/24 (45,016) 5.400% 81,222 24 - 3,551 - 3,551 17,454 (6,673,805) Fed. Home Loan Bank (FHLMC)-Fixed 1,000,000 1,000,000 4.00% 1.02% 1,000,000 997,390 11/18/25 963 5.600% 168,153 31 6,597 13,808 - 20,405 - 168,153 Fed. Home Loan Bank (FHLMC)-Step Up 1,000,000 1,000,000 4.00% 1.02% 1,000,000 992,250 08/15/25 868 3.500% 106,726 31 13,233 8,630 17,500 4,363 17,500 89,226 Fed. Farm Credit Bank (FFCB)-Fixed 999,860 999,860 4.00% 1.02% 1,000,000 982,570 06/20/25 812 3.375% 101,065 31 983 8,321 - 9,304 16,781 84,284 Fed. Home Loan Bank (FHLB)-Fixed 1,000,000 - 1,000,000 4.00% 1.02% 1,000,000 938,250 12/30/24 640 0.625% 23,476 31 2,115 1541 3,125 531 9,375 14,101 Subtotal-Gov't Securities 23,999,860 2,000,000 (1,000,000) 24,999,860 100.00% 25.57% 25,000,000 24,288,920 2.687% 1,699,919 170,272 154,207 187,454 137,058 364,220 (11,905,089) Corporate Notes .

Morgan Stanley Bank CD 250,000 (250,000) - - - - - 01/17/23 - 1.850% - 17 2,129 215 2,344 - 13,900 - Morgan Stanley Private Bank CD 250,000 (250,000) - - - - - 01/17/23 - 1.850% - 17 2,128 215 2,344 - 13,900 - Wells Fargo Bank CD 250,000 (250,000) - - - - - 01/17/23 - 1.900% - 17 182 221 403 - 12,966 - Wells Fargo Ntl Bk West CD 250,000 (250,000) - - - - - 01/17/23 - 1.900% - 17 182 221 403 - 13,066 - AMEX 250,000 250,000 25.00% 0.26% 250,000 244,504 08/12/24 500 3.500% 17,860 31 3,380 2,148 4,222 1,306 4,222 13,638 Capital One 250,000 250,000 25.00% 0.26% 250,000 244,339 08/12/24 500 3.300% 16,839 31 3,187 2,024 4,159 1,052 4,159 12,680 Capital One 250,000 250,000 25.00% 0.26% 250,000 244,339 08/12/24 500 3.300% 16,839 31 3,187 2,024 4,159 1,052 4,159 12,680 Bank of India 250,000 250,000 25.00% 0.26% 250,000 244,402 08/22/24 510 3.500% 18,099 31 3,140 2,147 4,215 1,072 4,222 13,877 - - Subtotal-Corporate Notes 2,000,000 - (1,000,000) 1,000,000 100.00% 1.02% 1,000,000 977,583 2.776% 134,197 17,516 9,216 22,250 4,482 135,212 (11,743) Investments under the management of contracted parties:

Trustee: BNY Mellon
2016 Lease Revenue Bond Payment 361 80,401 80,763 7.89% 0.08% 80,763 80,763 N/A N/A 0.025% N/A 31 - 2 2 - 81 N/A 2016 SA Refunding Debt Service/TARB 505 942,980 943,485 92.11% 0.96% 943,485 943,485 N/A N/A 0.018% N/A 31 - 15 15 - 109 N/A Subtotal-Trust A/C 866 1,023,381 - 1,024,248 100.00% 1.05% 1,024,248 1,024,247 N/A 0.330% - (0) 16 16 (0) 231 - Total Portfolio 92,073,485 16,149,845 (10,450,000) 97,773,330 100.00% 97,773,470 96,085,589 Wgt Avg 2.793% 1,834,116 496,282 621,463 547,184 570,595 2,632,391 (11,916,831)

Investment Portfolio Increased / (Decreased) by: 5,699,845$ Weighted Average to Maturity = 209.5 Days % of Wgt Avg Actual Actual
Note: Total Cash Invested Rate/Annual Yield Interest Earned Interest Received S - Semi-Annual Month FY 22-23 FY 21-22 FY 22-23 FY 21-22 Month Wgt Avg FY 22-23 FY 21-22 FY 22-23 FY 21-22 FY 22-23 FY 21-22 Q - Quarterly July 95,992,423$ 54,363,905$ 97.43% 96.93% July Wgt Avg 1.256% 0.308% 96,870 14,234 92,394 45,850 M - Monthly August 88,892,423 52,463,905 96.51% 97.06% August Wgt Avg 1.551% 0.312% 115,907 13,877 36,229 11,468 September 90,715,725 50,330,362 99.10% 96.56% September Wgt Avg 1.747% 0.326% 127,709 13,088 11,182 3,932 October 89,623,228 48,193,417 99.95% 98.37% October Wgt Avg 1.935% 0.328% 147,697 13,148 238,174 30,291 November 90,523,477 48,693,417 99.39% 97.47% November Wgt Avg 2.179% 0.339% 158,306 13,404 5,305 3,307 December 92,073,477 48,293,417 99.57% 96.42% December Wgt Avg 2.176% 0.348% 179,271 13,934 80,614 781 January 98,899,945 56,666,457 94.85% 98.67% January Wgt Avg 2.472% 0.346% 208,814 16,632 471,291 34,035 February 98,599,948 54,766,457 99.56% 97.09% February Wgt Avg 2.595% 0.463% 195,619 15,799 65,515 11,645 March 97,773,330 55,302,899 98.14% 98.86% March Wgt Avg 2.793% 0.532% 217,030 24,508 10,378 11,104 April 55,250,961 92.68% April Wgt Avg 0.653% 29,655 35,301 May 57,950,961 96.79% May Wgt Avg 0.775% 38,100 5,031 31-Mar-23 June 90,905,347 89.62% June Wgt Avg 0.927% 66,936 781 31 Average 93,677,108$ 56,098,459$ Average 98.28% Average 96.38% Average 2.078% 0.471% 1,447,225 273,316 1,011,082 193,526 Per Governmental Code requirements, this schedule of Investments icomplies with the City of Campbell's Investment Policy, and there are adequate funds available to meet the budgeted expenditures for the next six months. * Market prices are obtained from the monthly investment statements of the various institutions or the City's third-party custodian, BNY Mellon Bank.

Portfolio Balance
invsch10- copy for PDF
4/20/2023

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Attachment: Quarterly Schedule of Investments (Investment Report - Quarter Ending March 2023)

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Attachment: Actual Receipts and Disbursements (Investment Report - Quarter Ending March 2023)

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Attachment: Actual Receipts and Disbursements (Investment Report - Quarter Ending March 2023)

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Attachment: Actual Receipts and Disbursements (Investment Report - Quarter Ending March 2023) City
Council
Report
TITLE: Second Reading of Ordinance 2294 Amending Provisions of the Campbell Municipal Code to Revise the Business License Tax Rates Effective in Fiscal Year 2024 (Ordinance/Roll Call Vote)

RECOMMENDED ACTION
That the City Council approve the second reading and adopt Ordinance 2294 amending provisions of the Campbell Municipal Code to revise the business license tax rates, effective in Fiscal Year (FY) 2024.

DISCUSSION
On May 2 , 2023 the City Council held a public hearing to consider increasing the existing Business License Tax rate schedule by the allowed 2% factor. Exceptions include the sub -category per -unit fees for Apartments, Hotels, Mobile Home Parks, Taxicabs, and Trailer Courts which result in fractional amounts. The rental dispute fee is a pass -through collection that goes to Project Sentinel for landlord -tenant mediation services during the fiscal year. It will also remain unchanged.

This item was approved by a unanimous vote and the City Council took first reading of Ordinance 2294. In accordance with Gov. Code 36933, the full text of Ordinance 2294 will be published in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara on May 24, 2023, following approval of second reading. Ordinance 2294 will become effective July 1, 2023 and no sooner than 30 days following the second reading approval.

FISCAL IMPACT
Nominal publication costs are associated with ap proving the Ordinance second reading to meet the requirement of Gov. Code 36933, but can be absorbed within the current FY 2023 Operating Budget. Costs for codification of the Ordinance in the Campbell Municipal Code are also included in the current budget by way of purchase order. Other fiscal impacts are included in the staff report introducing the Ordinance on May 2, 2023.

Item: 7
Category: CONSENT CALENDAR
Meeting Date: May 16, 2023
7 Packet Pg. 46
Second Reading of Ordinance 2294 Page 2 of 2
Prepared by:

Andrea Sanders, City Clerk
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Ordinance 2294
7 Packet Pg. 47

ORDINANCE NO. 2294

BEING AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF CAMPBELL AMENDING PROVISIONS OF THE CAMPBELL

MUNICIPAL CODE TO REVISE BUSINESS LICENSE TAX RATES

WHEREAS, pursuant to section 5.01.170 of the Campbell Municipal Code, as approved by the voters as part of Measure M, the City Council may by ordinance increase the amount of any tax set forth in this title by no more than two percent per year to account for inflation; and
WHEREAS, the City seeks to relocate the classification of “occult science” from Chapter

5.08 to Chapter 5.04;
The City Council of the City of Campbell does ordain as follows:

SECTION ONE: Section 5.04.010 of the Campbell Municipal Code is amended to read as follows:

5.04.010 - Designated.

Every person conducting businesses, professions and activities in the city, the primary nature of which is indicated in the following schedule, shall annually pay the license tax set opposite the same, based upon the average number of employees in such business, according to the following schedules, unless such business is otherwise specifically taxed by other provisions of this chapter:

Commercial:
(Schedule I) 1 to 5 employees $126.00
6 to 15 employees 202.00
16 to 50 employees 291.00
51+ employees 583.00
Industrial and manufacturing:
(Schedule II) 1 to 5 employees $126.00
6 to 50 employees 202.00
51+ employees 349.00
Professional:
(Schedule III) 1 to 3 employees $126.00
4 to 10 employees 233.00
11 to 50 employees 408.00
51+ employees 583.00
Hotels: $174.00 per year plus $3.00/room
Live commercial entertainment: $349.00
Marijuana Businesses: 7% of gross receipts per Chapter 5.12 Massage Establishment: 1 to 3 employees $126.00
4 or more employees $233.00
Massage Therapist: $126.00

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Attachment: Ordinance 2294 (Second Reading of Ordinance 2294)

Mobile home parks and trailer courts: $233.00 per year plus $2/unit Occult science, including astrology,
palmistry, phrenology, life reading,
fortunetelling, cartomancy, clairvoyance,
crystal gazing, mediumship, prophecy,
augury, divination, magic or necromancy,
when the person who conducts same
demands or receives a fee for the
exercise or exhibition of his art therein
either directly or indirectly or as a gift or
donation, or charges admission:

$349.00
Out-of-town business: $101.00
Rental or income producing residences
located on single or contiguous parcels of
land:
$68.00 per year for the first unit plus
$3.00 for each additional unit.
(Owners occupying one unit of a 3 or more unit building are entitled to a $3.00 exemption if said owner files an affidavit with the City claiming the exemption.) Taxicab or limousine service: $126.00 per year plus $21.00 per vehicle Theaters: $466.00
Tow Services: $58.00
Solicitors: $349.00 per year

SECTION TWO: Section 5.08.010 of the Campbell Municipal Code is hereby amended to read:

5.08.010 - Activities designated—Fees.

No person shall conduct any of the following businesses and activities in the City without first securing a permit therefor from the City Council on written application filed therefor with the City Clerk, approved by the Chief of Police, the Chief of the Fire Department, and the Community Development Director. The application shall comply with the requirements of Section 5.08.020. The following are the activities regulated by this chapter and the license fee therefor:
(1) Fire and/or bankruptcy and/or wreck sale, first day .....$51.00 Each additional day, per day .....$25.00
(2) Grinding and/or sharpening knives, scissors, cutlery, lawn mowers, etc., when the person conducting such business travels from place to place by vehicle or on foot, per year ....._$25.00
(3) Hypnotism, per year .....$466.00
(4) Itinerant medicine vendor, street vendor, temporary vendor and/or peddler, per day .....$30.00

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Attachment: Ordinance 2294 (Second Reading of Ordinance 2294)

(5) Pawnbroker, per year .....$349
(6) Used motor vehicle dealer—Same as Commercial per Municipal Code Section 5.04.010
(7) Billiard and/or pool room, per year .....$233.00
(8) Dancehall, public dances, per year .....$102.00
(9) Mechanical amusement device and contraptions and vending machines — See Section 5.08.080.

SECTION THREE: Section 5.08.080 is hereby amended to read:

5.08.080 - Amusement devices.

Every person commencing or carrying on the business of rental, lease or operation of amusement devices or vending machines within the city shall pay to the city an annual license fee in the amount set forth in the following schedule:

Number of Machines Fee
1—5 $101.00
6—10 $202.00
11—50 $349.00
51+ $583.00

SECTION FOUR: This Ordinance shall become effective will become effective July 1, 2023 following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in the City’s designated newspaper of general circulation.

PASSED AND ADOPTED this ___ day of _______ 2023 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
__________________________
Anne Bybee, Mayor
ATTEST:
__________________________

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Attachment: Ordinance 2294 (Second Reading of Ordinance 2294)

Andrea Sanders, City Clerk

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Attachment: Ordinance 2294 (Second Reading of Ordinance 2294)

City
Council
Report

TITLE: Second Reading of Ordinance 2295 Renewing City of Campbell Ordinance 2280, Per the Requirements Set Forth in California Government Code § 7070, Et. Seq. (Ordinance/Roll Call Vote)

RECOMMENDED ACTION

That the City Council approve the second reading and adopt Ordinance 2295 renewing the Military Equipment Policy set forth in Chapter 8.44 of the Campbell Municipal Code as adopted by Ordinance 2280 and per the requ irements set forth in California Government Code § 7070, et. seq.

DISCUSSION

On May 2 , 2023 the City Council held a public hearing to adopt Resolution 12979 finding that each type of military equipment identified in the 2022 Military Equipment Annual R eport has complied with the standard set forth in Ordinance 2280; and to introduce an ordinance for first reading renewing City of Campbell Ordinance 2280, per the requirements set forth in California Government Code § 7070, et. seq.

AB 481 requires the City Council to annually review its ordinance containing its Military Equipment Use Policy and vote on whether to renew the ordinance. As set forth above, the Campbell Police Department continues to carefully assess what equipment is needed to protect the public and officers when resolving critical incidents, such as active shooter response, apprehending violent offenders, hostage rescue, and barricaded subjects, among others. Certain equipment is also beneficial in providing information and creating cover, distance, and time that help to improve the decision-making process during critical incidents. This allows responding officers to take in and evaluate the totality of the circumstances, which results in increased safety and reduced risk for everyone involved.

This item was approved by a unanimous vote and the City Council took first reading of Ordinance 2295. In accordance with Gov. Code 36933, the full text of Ordinance 2295 will be published in the Metro Silicon Valley, a newspaper of general circulat ion for the City of Campbell, County of Santa Clara on May 24, 2023, following approval of second reading. Ordinance 2295 will become effective 30 days following the second reading approval.

FISCAL IMPACT
Item: 8
Category: CONSENT CALENDAR
Meeting Date: May 16, 2023
8 Packet Pg. 52
Second Reading of Ordinance 2295 Page 2 of 2

Nominal publication costs are associated with app roving the Ordinance second reading to meet the requirement of Gov. Code 36933, but can be absorbed within the current FY 2023 Operating Budget. Costs for codification of the Ordinance in the Campbell Municipal Code are also included in the current budget by way of purchase order. Other fiscal impacts are included in the staff report introducing the Ordinance on May 2, 2023.

Prepared by:

Andrea Sanders, City Clerk

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Ordinance 2295
b. CC Ordinance 2280 - AB 481 Military Equipment
8 Packet Pg. 53
ORDINANCE NO. 2295

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL RENEWING THE MILITARY EQUIPMENT POLICY SET FORTH CHAPTER 8.44 OF THE CAMPBELL MUNICIPAL CODE AS ADOPTED BY CAMPBELL ORDINANCE 2280 WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, the Campbell Police Departmen t is in possession o f certain item s of equipment that qualify as “military equipment” under AB 481; WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment;
WHEREAS, the Policy and supporting information mu st be approved b y the governing body by ordinance, and reviewed and renewed annually; and WHEREAS, the City Council of the City of Campbell, having received the information required under AB 481 regarding the Campbell Police Department’s use of military equipment as defined in AB 481, deems it to be in the best interest of the City to renew the Military Equipment Policy as set forth herein.

NOW THEREFORE , T HE CITY COUNCIL OF T HE CITY OF CAMPBELL DOES FURTHER ORDAIN AS FOLLOWS:

Section 1: The policy set forth in Chapter 8.44 of the Campbell Municipal Code as previously adopted by Ordinance Number 2280 is hereby renewed without any modifications or changes.

Section 2: The City Council finds that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) in that it is not a project which has the potential for causing a significant effect on the environment.

SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would

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Attachment: Ordinance 2295 (Second Reading of Ordinance 2295)

have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

Section 4: In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purpose.

SECTION 5: The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation within 15 days after its adoption in accordance with Government Code Section 36933.

PASSED AND ADOPTED this ___ day of ___________, 202 3 by the following roll call vote:

AYES:

NOES:

ABSENT:

APPROVED:

__________________________
Anne Bybee, Mayor
ATTEST:

________________________________
Andrea Sanders, City Clerk

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Attachment: Ordinance 2295 (Second Reading of Ordinance 2295)

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Attachment: CC Ordinance 2280 - AB 481 Military Equipment (Second Reading of Ordinance 2295)

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Attachment: CC Ordinance 2280 - AB 481 Military Equipment (Second Reading of Ordinance 2295)

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Attachment: CC Ordinance 2280 - AB 481 Military Equipment (Second Reading of Ordinance 2295)

City
Council
Report

TITLE: Authorization to Purchase and Install Three (3) York Heating, Ventilation and Air Conditioning (HVAC) Units, in an Amount Not to Exceed $64,980, for the Campbel l Community Center C -Wing Building; and Dispensing of Bidding Requirements as Specified in Campbell Municipal Code Sections 3.20.030 (7) (8) (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution authorizing the City Mana ger to execute a service agreement with Environmental Services Incorporated (ESI) for the purchase and installation of three (3) York Heating, Ventilation and Air Conditioning (HVAC) Units, in an amount not to exceed $64,980, for the Campbell Community Cen ter C -Wing Building; and Dispensing of Bidding Requirements as Specified in Campbell Municipal Code Sections 3.20.030 (7) (8)

BACKGROUND

The Campbell Community Center is a unique community service complex that was once home to Campbell High School . In 1 985, the City purchased the property from the Campbell Union High School District – transforming the site into several indoor and outdoor spaces dedicated to recreational programs and activities offered by the City.

Currently, the Community Center is home to the City’s Recreation and Community Services Department, with the C -Wing building serving as the main office location for staff supporting the center’s recreational activities and providing adult/senior services.

The C-Wing building has 3 HVAC uni ts, located on the roof of the adjacent breezeway, which have been in operation for approximately 25 to 30 years . Each unit controls the heating and cooling functions of a designated zone within the building. The units have been serviced consistently throughout the years to sustain these critical functions .

Although consistent maintenance and repair efforts have been effective, a recent assessment of one of the units uncovered a significant amount of deterioration through the system’s components and a heat exchanger that displayed signs of a potential fire hazard. In addition, the other two units have also experienced a recent increase in repairs – displaying similar mechanical issues and failing conditions. While staff has taken appropriate measures to correct these recent issues, the existing HVAC units will not provide the long-tern reliability needed for a critical public facility.

Item: 9
Category: CONSENT CALENDAR
Meeting Date: May 16, 2023
9 Packet Pg. 59
HVAC Purchase Page 2 of 3

DISCUSSION

Various maintenance measures have kept the HVAC units operational over the years; thereby allowing the City to defer major upgrades /replacements to the greatest extent possible. Although such measures have successfully delayed the need for replacement, the outdated equipment can no longer sustain the continued operation required for basic heating and cooling f unctions. Considering the time and resources needed to maintain these older systems, this has impacted staff’s ability to respond to other urgent maintenance needs throughout the Community Center and other City facilities.

To improve the efficiency of th e building’s heating and cooling functions – and to mitigate further repair efforts – staff is recommending the replacement of all three HVAC units associated with the C-Wing Building. Based on their past work history with the City, staff reached out to Environmental Services Incorporated (ESI) , a firm that has a long history with the City and has successfully performed similar work throughout various City facilities over the years. ESI has proven to be responsive and timely in providing maintenance and r epair services to City facilities, which minimizes downtime.

ESI has submitted a proposal , in the amount of $64,980, that includes the purchase of three (3) York HVAC units (at a discounted rate ) and the associated labor and equipment required for the subsequent installatio n. Should staff pro ceed with this replacement, the new units would help reduce the City’s long -term energy use and maintenance costs. Additionally, it would also result in more consistent conditions in the C-Wing, with an expected life of approximately 30 years.

ESI has recommended the York HVAC units for the brand’s compatibility with the existing C-Wing building layout and its current use in other City buildings and facilitie s.

This would allow staff to interchange components and implement maintenance standards based on the same equipment features of a uniform manufacturer. Also, the size and location of the units (i.e., on the roof of the C -Wing building ) will require specialized labor and equipment services to remove the existing systems and install the new ones. As such, the inclusion of these services in ESI’s proposal would facilitate the installation process in a timely and efficient manner . However, this procurement strategy requires Council to authorize staff to dispense with bidding requirements as authorized in the Campbell Municipal Code. As stated in the Municipal Code, the bidding procedures may be dispensed with when any of the following circumstances exist, unless otherwise required by state and federal law:

Sections 3.20.030 (7) (8), for the purchase of equipment that can only be obtained from one vendor or when the City Council, by majority vote, determines that dispensing of such bidding requirements is in the best interest of the public.

FISCAL IMPACT

The cos t of the proposed purchase and installation services from ESI is $64,980.

Sufficient funds are available in the approved FY 2023 Operating Budget for Public 9 Packet Pg. 60
HVAC Purchase Page 3 of 3
Works – Building Maintenance (Program 780). Resources for this effort were included and addressed during the Mid -year Budget Review for FY 2023; as such, no budget action is required at this time.

ALTERNATIVES

1. Do not proceed with the purchase of 3 HVAC Units at this time and defer purchase to next FY 2024.

2. Direct staff to take alternate action.

Prepared by:

Ron Taormina, Street Maintenance
Supervisor

Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
9 Packet Pg. 61

RESOLUTION NO.

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

CITY MANAGER TO EXECUTE A SERVICE AGREEMENT WITH ENVIRONMENTAL

SERVICES INCORPORATED (ESI) FOR THE PURCHASE AND INSTALLATION OF THREE (3) YORK HEATING, VENTILATION, AND AIR (HVAC) UNITS, IN AN AMOUNT NOT TO EXCEED $64,980, FOR THE CAMPBELL COMMUNITY CENTER C-WING BUILDING; AND DISPENSE WITH BIDDING REQUIREMENTS AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTIONS 3.20.030 (7) (8)

WHEREAS, the Campbell Community Center property was once home to Campbell High School and purchased by the City from the Campbell Union High School District in 1985; and

WHEREAS, the Community Center is currently home to the City’s Recreation and Community Services Department, with the C-Wing building serving as the main office for department staff; and

WHEREAS, the C-Wing building has three HVAC units located on the breezeway roof which have been in operation for approximately 25 to 30 years; and

WHEREAS, a recent assessment of one unit uncovered a significant amount of deterioration through the system’s components and heat exchanger that displayed signs of a potential fire hazard; and

WHEREAS, the other two units have also experienced an increase in repairs and declining conditions in recent years; and

WHEREAS, while staff has taken appropriate measures to address these recent issues, this will not provide the long-term solutions for systems that have reached the end of their expected useful life; and

WHEREAS, in an effort to reduce long-term energy use and reduce future maintenance costs, staff is recommending the replacement of all three HVAC units for the C-Wing building; and

WHEREAS, based on their past successful work history with the City, staff contacted Environmental Services Incorporated (ESI) to evaluate the current situation and recommend a replacement strategy; and

WHEREAS, ESI has demonstrated the ability to provide service to City facilities in a manner that provides high quality and timeliness, which reduces downtime; and

WHEREAS, ESI has developed and submitted a proposal , in the amount of $64,980 , for the purchase of three (3) York HVAC units, including the labor and specialized equipment required for the removal of the existing units and installation of new ones; and

WHEREAS, this procurement strategy requires City Council to authorize staff to dispense with bidding requirements as authorized in the Campbell Municipal Code Sections 3.20.030 (7) (8); and

WHEREAS, sufficient funding is available for the recommended work in the FY 2023 Operating Budget for Public Works – Building Maintenance (Program 780).

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

9.a
Packet Pg. 62
Attachment: Resolution (HVAC Purchase)

authorizes:

1. The City Manager of the City of Campbell execute a service agreement with Environmental Services Incorporated (ESI) for the purchase and installation of three (3) York Heating, Ventilation and Air Conditioning (HVAC) Units, in an amount not to exceed $64,980, for the Campbell Community Center C-Wing Building; and

2. Dispense with bidding requirements as authorized in Campbell Municipal Code Sections

3.20.030 (7) (8), for the purchase of equipment that can only be obtained from one vendor and/or when the City Council, by majority vote, determines tha t dispensing of such bidding requirements is in the best interest of the public and shall prescribe the appropriate purchasing method(s) to be used in its place.

PASSED AND ADOPTED this 16th day of May 2023, by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

APPROVED:

_________________________________
Anne Bybee, Mayor

ATTEST:

___________________________
Andrea Sanders, City Clerk

9.a
Packet Pg. 63
Attachment: Resolution (HVAC Purchase)

City
Council
Report

TITLE: Approval to Submit a Grant Application to the Santa Clara Valley Transportation Authority (VTA) for $34,541 in Guaranteed Transportation Development Act (TDA) Article 3 Funds for the Fiscal Year 2024 Campbell Bicycle and Pedestrian Project (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution authorizing the Public Works Director to submit a grant application to the Santa Clar a Valley Transportation Authority (VTA) for $34,541 in guaranteed Transportation Development Act (TDA) Article 3 Funds, for improvement efforts incorporated under the Campbell Bicycle and Pedestrian Project for Fiscal Year 2024.

BACKGROUND

Every year, the Metropolitan Transportation Commission (MTC) allocates Transportation Development Act (TDA) “Article 3” Funds to San Francisco Bay Area cities and counties for the purpose of funding pedestrian and bicycle facility projects.

TDA funds are acquired from statewide retail and gasoline/diesel fuel sales taxes – with funds “guaranteed” and apportioned to each city or county based on population. “Article 3” of the TDA refers to the portion of the Act that supports pedestrian and bicycle projects. As such, TDA ‘Article 3’ Funds are guaranteed in that the grant process is noncompetitive, with funds distributed upon an agency’s submission of an application and TDA’s subsequent review and approval for the proposed improvements. Previous TDA-funded projects hav e included the recent Campbell Avenue/Railway Avenue Bike Box Project.

On May 17, 2022, the City Council adopted Resolution No. 12829 authorizing the Public Works Director to submit a TDA Article 3 Grant Application to the Santa Clara Valley Transportation Authority (VTA) for the design and construction of the Campbell Bicycle and Pedestrian Project for FY 2023.

DISCUSSION

On May 18, 2023, the Campbell Bicycle and Pedestrian Advisory Committee (BPAC) is scheduled to review the FY 2024 Campbell Bicycle and Pedestrian Project for $34,541 in guaranteed FY 23/24 TDA Article 3 Funds. Unlike last year’s project, this year’s Item: 10
Category: CONSENT CALENDAR
Meeting Date: May 16, 2023
10 Packet Pg. 64
TDA Grant Page 2 of 4
scope of work will remove the Harriet Avenue Sidewalk Project (No. 20 -GG), Annual Street Maintenance Project (No. 22 -BB), and Winchester /Camden Pedestrian Improvements. In addition, it will also add the Camden Avenue Resurfacing Project (No. 21 -SS) and Hamilton Avenue/State Route 17 Southbound Off -ramp Widening Project (No. 24 -CC). With these updates, the FY 2024 project would incorporate the following project concepts:

1. Shared Lane Markings. Shared pavement markings or arrows (also called "sharrows") are used to assist bicyclists with lateral positioning in a shared lane with on-street parallel parking in order to reduce the chance of a bicyclist impacting the open door of a parked vehicle. This concept would address gaps in bike lanes on arterials and streets that carry school bicycle traffic and would continue the work performed in previous fiscal years.

2. Americans with Disabilities (AD A) Traffic Signal Improvements. This concept would retrofit existing traffic signals to lower pedestrian pushbuttons (PPB) that are mounted too high, replace PPBs that are non-ADA-compliant, replace PPB signs that do not have the ADA symbol of a walking m an, and install audible pedestrian signals where none currently exist but are requested.

3. Bike Lanes, Green Bike Lanes, and Bike Boxes. Bike lanes would be installed consistent with the City’s General Plan and/or the VTA’s Countywide Bicycle Plan.

Green bike lanes provide high visibility pavement markings at locations of high vehicular-bicycle conflicts. The City has green bike lanes on portions of Winchester Boulevard. Potential future sites such as portions of Hamilton Avenue are being considered.

Bike boxes are high-visibility green pavement markings that delineate a space on an intersection approach between the limit line for vehicles and the upstream crosswalk line. This green bike box space allows bicyclists to bypass a standing vehicular qu eue and position themselves safely ahead of any potential conflicts from right -turn traffic. Potential bike box locations include eastbound Hacienda Avenue at Winchester Boulevard and eastbound Campbell Avenue at Third Street. This concept would install green bike lanes and bike boxes at appropriate locations.

4. San Tomas Aquino Road Bike Lanes. This concept would install bike lanes between Latimer Avenue and Bucknall Road in conjunction with planned bike lanes in San Jose north of Latimer Avenue and sou th of Bucknall Road, respectively.

5. Bascom Avenue and Campbell Avenue Bike Lanes. This concept would convert the shoulders of Bascom Avenue between Hamilton Avenue and the south city limits near Apricot Avenue to bike lanes. Driveways on Bascom Avenue and Campbell Avenue adjacent to the Pruneyard Shopping Center 10 Packet Pg. 65
TDA Grant Page 3 of 4
would be candidate locations for green bike lane pavement markings. The TDA funds would supplement the $50,000 collected from the Pruneyard Shopping Center and Offices Expansion Project for the installation of green bike lanes and the conversion of bike route shoulders to bike lanes along the Pruneyard frontage along Bascom Avenue and Campbell Avenue.

6. Hamilton Avenue Bike Lanes/Markings and Curb Ramps. This concept would install bike lanes or sharrows, and curb ramps along Hamilton Avenue.

7. Campbell PDA Enhancements. This concept would install bike and pedestrian improvements along Civic Center Drive, Orchard City Drive, and Campbell Avenue in the Historic Downtown.

8. Camden Avenue Resurf acing Project. This concept would include sidewalk improvements along Camden Avenue east of Winchester Boulevard.

9. Hamilton Avenue/State Route 17 Southbound Off -ramp Widening Project.

This concept would widen the southbound off -ramp to replace the existi ng shared through-left lane with an exclusive through lane and a third exclusive left-turn lane. The project may also include bicycle and pedestrian improvements like bike signs and markings along Hamilton Avenue.

Staff plans to submit these project concepts under one project titled “Campbell Bicycle and Pedestrian Project FY23/24.” Not only will this simplify tracking for the TDA funds, but also allow the City flexibility when prioritizing project concepts based on critical needs and use of funds.

FISCAL IMPACT

There is no fiscal impact for this action. Approval of the grant application submittal would allow the City to receive a total amount of $34,541 in guaranteed TDA Article 3 funds. No local match is required.

ALTERNATIVES

1. Do not author ize the submittal of a TDA grant application for $34,541 for FY 2023/24 TDA Article 3 guaranteed funds for the Campbell Bicycle and Pedestrian Project FY23/24. This alternative is not recommended since TDA funds are a guaranteed annual allocation of funds that require no local match.

Prepared by:

Matthew Jue, Traffic Engineer
10 Packet Pg. 66
TDA Grant Page 4 of 4

Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. MTC Reso and City Application (Exhibits A and B)
c. Project Vicinity Map
10 Packet Pg. 67

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

APPROVING THE SUBMISSION OF A GRANT APPLICATION TO THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY (VTA) FOR $34,541 IN GUARANTEED TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 FUNDS FOR THE FY 2024 CAMPBELL BICYCLE AND PEDESTRIAN PROJECT

WHEREAS, each year, the Metropolitan Transportation Commission (MTC) allocates Transportation Development Act (TDA) “Article 3” Funds to San Francisco Bay Area cities and counties for the purpose of funding pedestrian and bicycle facility projects; and

WHEREAS, TDA Funds are acquired from statewide retail and gasoline/diesel fuel sales taxes and “guaranteed” to each city or county based on population , with “Article 3” referring to the portion of the Act that supports the use of these funds on pedestrian and bicycle-related projects; and

WHEREAS, under such provisions, the grant process is considered noncompetitive as funds are guaranteed and distributed upon submission of an agency’s application with a qualifying project and review by its lead transportation authority; and

WHEREAS, in 2022, the City Council adopted Resolution No. 12829 authorizing the Public Works Director to submit a TDA Article 3 grant application to the Santa Clara Valley Transportation Authority (VTA) for the design and construction elements included as part of the FY 2023 Campbell Bicycle and Pedestrian Project; and

WHEREAS, on May 18, 2023, the Campbell Bicycle and Pedestrian Advisory Committee (BPAC) is scheduled to review the proposed improvement concepts for the upcoming FY 2024 Campbell Bicycle and Pedestrian Project – including the City’s application for $34,541 in guaranteed FY 2024 TDA Article 3 funds; and

WHEREAS, the proposed scope of work for the FY 2024 Campbell Bicycle and Pedestrian Project will remove the Harriet Avenue Sidewalk Project (No. 20-GG), Annual Street Maintenance Project (No. 22 -BB), and Winchester/Camden Pedestrian Improvements, and add the Camden Avenue Resurfacing Project (No. 21 -SS) and Hamilton Avenue/State Route 17 Southbound Off -ramp Widening Project (No. 24 -CC); and

WHEREAS, the FY 2024 project w ill also incorporate elements such as shared lane markings, Americans with Disabilities (ADA) traffic signal improvements, green bike lanes and bike boxes, Citywide designated bike lanes, Campbell PDA enhancements, and other projects dedicated to ramp and sidewalk improvement efforts at various locations; and

WHEREAS, the proposed improvement concepts have been assigned under a single project title (i.e., Campbell Bicycle and Pedestrian Project FY 2024) to help simplify the tracking of TDA funds and allow the City flexibility when prioritizing project concepts based on critical needs and use of funds; and

WHEREAS, staff recommends applying to the Santa Clara Valley Transportation Authority (VTA) for the City’s distribution of $34,541 in guaranteed TDA Article 3 funds to

10.a
Packet Pg. 68
Attachment: Resolution (TDA Grant)

be used on the proposed improvement concepts included in the Campbell Bicycle and Pedestrian Project for Fiscal Year 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby authorizes the Public Works Director to submit a grant application to the Santa Clara Valley Transportation Authority (VTA) for the City’s distribution of $34,541 in guaranteed Transportation Development Act (TDA) Article 3 Funds to be used on the improvement concepts included in the scope of work for the FY 2024 Campbell Bicycle and Pedestrian Project.

PASSED AND ADOPTED this 16th day of May 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

___________________________________
Anne Bybee, Mayor
ATTEST:

___________________________
Andrea Sanders, City Clerk

10.a
Packet Pg. 69
Attachment: Resolution (TDA Grant)
November 2022 TDA Article 3 Model Resolution Page 4
Resolution No. _____________
Attachment A
Re: Request to the Metropolitan Transportation Comm ission for the Allocation of Fiscal Year 2023/24 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings

1. That the City of Campbell is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Campbell legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the City of Campbell has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachme nt B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and r ight-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B co mply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s ) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B ar e for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Campbell within the prior five fiscal years.

8. That the project(s) described in Attachment B wh ich are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.

9. That any project described in Attachment B bicyc le project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10. That the project(s) described in Attachment B w ill be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the City of Campbell agrees to maintain, o r provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.

10.b
Packet Pg. 70
Attachment: MTC Reso and City Application (Exhibits A and B) (TDA Grant) November 2022 TDA Article 3 Model Resolution Page 5
Resolution No. _____ page ___ of ___
Attachment B
TDA Article 3 Project Application Form

1. Agency City of Campbell

2. Primary Contact Matthew Jue

3. Mailing Address 70 North First Street, Campbell, CA 95008

4. Email Address [email protected] 5. Phone Number 408-866-2154

6. Secondary Contact (in
the event primary is
not available)
Todd Capurso

7. Mailing address (if
different) N/A ☐

8. Email Address [email protected] 9. Phone Number 408-866-2150

10. Send allocation
instructions to (if
different from above):

11. Project Title Campbell Bicycle and Pedestrian Project FY 23/24

12. Amount requested $34,541 13. Fiscal Year of
Claim
2023/24

14. Description of Overall Project:

15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)

16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:

Project Relation to Regional Policies (for information only) Design and construct citywide shared lane markings; ADA traffic signal improvements; bike lanes, green bike lanes, and bike boxes; bike lanes on San Tomas Aquino Road; bike lanes on Bascom Avenue and Campbell Avenue; curb ramps, shar rows; Camden Avenue pedestrian improvements; Hamilton Avenue Res urfacing Project 23-BB (includes sharrows, bike lan es, signs, curb ramps); Campbell PDA Enhancements Project 22-NN (includes bicycle and pedestrian improvements along Civic Cent er Drive, Orchard City Drive, and Campbell Avenue in Historic Downtown. Design Hamilton Avenue/State Route 17 Southbound Off -ramp Widening Project 24 -CC ).

PS&E, CON for all above project concepts except only PS&E for Hamilton Avenue/State Route 17 Southbound Off - ramp Widening Project 24-CC
See attached Project Vicinity Map

10.b
Packet Pg. 71
Attachment: MTC Reso and City Application (Exhibits A and B) (TDA Grant) November 2022 TDA Article 3 Model Resolution Page 6

17. Is the project in an Equity Priority Community ? Some parts (Hamilton Avenue Resurfacing Project 23-BB) Yes ☒ No ☐

18. Is this project in a Priority Development Area or a Transit-Oriented Community ? Some parts (Campbell PDA Enhancements Project 22-NN) Yes ☒ No ☐

19. Project Budget and Schedule

Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes ☒ No ☐ If “YES,” identify the date and provide a copy or link to the agenda.

If "NO," provide an explanation). BPAC reviewed on May 18, 2023

B. Has the project been approved by the claimant's governing body? Yes ☒ No ☐ If "NO," provide expected date:______________________

C. Has this project previously received TDA Article 3 funding? Yes ☐ No ☒ (If "YES," provide an explanation on a separate page)

D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes ☒ No ☐ pursuant to Chapter 1000 of the California Highway Design Manual ?

E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes ☒ No ☐ Existing Facility? See E.2 below as well.

2. If “NO” above, is the project is exempt from CEQA for another reason? Yes ☒ No ☐ Cite the basis for the exemption. _ Some concepts are exempt for CCR Sections 15304, Minor Alteration, and 15303, New Construction of Minor Structures.

N/A ☐
If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year): ___ June 2026 _______

G. Have provisions been made by the claimant to maintain the project or facility, or has Yes ☒ No ☐ the claimant arranged for such maintenance by another agency? (If an agency other TDA 3 Other Funds Total Cost Estimated Completion
(month/year)
4,541 4 ,541 June/2026
30,000 30,0 00 June/2026
34,541 34,5 41

10.b
Packet Pg. 72
Attachment: MTC Reso and City Application (Exhibits A and B) (TDA Grant) November 2022 TDA Article 3 Model Resolution Page 7
than the Claimant is to maintain the facility, please identify below and provide the agreement.

H. Is a Complete Streets Checklist required for this project ? Yes ☐ No ☒ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets

10.b
Packet Pg. 73
Attachment: MTC Reso and City Application (Exhibits A and B) (TDA Grant)

10.c
Packet Pg. 74
Attachment: Project Vicinity Map (TDA Grant)

City
Council
Report

TITLE: Authorization to Issue a Request for Proposals (RFP) for Design Services for the Hamilton Avenue Resurfacing Project (No. 23 -BB), the Public Works Director to Negotiate the Terms of the Consultant Services Agreement, and the City Manager to Execute Said Agreement (Resolution/Roll Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution to authorize the issuance for a Request for Proposals (RFP) for de sign services for the Hamilton Avenue Resurfacing Project (No. 23-BB), the Public Works Director to negotiate the terms of the Consultant Services Agreement, and the City Manager to execute said agreement.

BACKGROUND

The Annual Street Maintenance Program is allocated approximately $2.8 million per year as part of the 5-year Capital Improvement Program (CIP) Budget. This allocation of funding consists of State gas taxes, vehicle impact fees, County vehicle registration fees and the City’s Capital Improveme nt Program Reserve (CIPR). The program plan focuses on strategies that address street resurfacing needs based on available annual funding. Under this model, collector and residential streets are typically addressed over two consecutive years by awarding t wo separate contracts (i.e., one per year). To achieve a similar surface treatment for arterial streets – and potentially better bid prices based on economies of scale – such effort would require combining multiple years of funding. For example , during th e last five years , three years of the program budget were combined to resurface the entire 2.5-mile corridor of Winchester Boulevard located within City limits, while two separate contracts were awarded to resurface over 11 miles of local and collector streets during two consecutive years.

For FY 2023 through FY 2025, Hamilton Avenue is programmed in the CIP as the next arterial street due for pavement resurfacing. Hamilton Avenue is 2.8 miles in length, spanning in the western to eastern direction within City limits, and serv ing as a major arterial connecting to the City of San Jose on both ends. Based on the Pavement Condition Index (PCI) – a numerical index system used to provide a snapshot of the road’s pavement health – the pavement conditions for Ham ilton Avenue are considered “poor” with an average rating below 50 on a scale of 0 to 100 (with 100 representing the conditions of a brand -new street). A contributing factor to this low PCI score is the age of Hamilton Avenue’s current asphalt concrete sur face, which was installed in early Item: 11
Category: CONSENT CALENDAR
Meeting Date: May 16, 2023
11 Packet Pg. 75
Hamilton Ave. Resurfacing Page 2 of 3
2000 and has reached the end of its expected useful life. As such, the goal of resurfacing Hamilton Avenue is to extend the useful life of this pavement surface by an additional 10-15 years.

DISCUSSION

Analyzing the ex isting pavement structure and conditions of Hamilton Avenue will provide valuable information to identify and design the most appropriate treatment to improve pavement conditions and extend its useful life. To do this, the design phase will require: 1) con ducting exploratory work to obtain the current pavement structure condition; 2) performing the necessary pavement analysis from the data collected; and 3) identifying the most appropriate pavement resurfacing treatment and the design elements for subsequent application. These critical steps in the design process will also require the use of specialized equipment, software tools, and pavement expertise to adequately perform the related work.

Since the scope of work for the Hamilton Avenue Project involves resurfacing, Title II of the Americans with Disability Act requires that such projects include alterations (i.e., installation of ADA -compliant curb ramps) to ensure that persons with disabilities have access to pedestrian routes in the public right -of-way. Oftentimes, existing street furniture (e.g., benches, trash receptables, and traffic signal equipment) may conflict with placement of these ramps, in which case, the relocation of traffic signal equipment (such as poles) will be necessary. Mindful of th is requirement, staff has evaluated various locations along Hamilton Avenue and has identified five intersections that will require some form of modifications to the traffic signal equipment for installation of an ADA-compliant ramp . However, additional t opographic surveys of these intersections will be required to facilitate the design of their modifications, including the use of specialized surveying equipment, certified personnel, and appropriate traffic control measures to ensure a safe and accurate col lection of data . Staff will complete the design work for the remaining ADA ramp installations at those locations where no other conflicts with existing infrastructure/equipment have been identified.

Per the reasons stated above, staff recommends issuing an RFP to solicit professional design services for the timely and efficient completion of the design work outlined in the Hamilton Avenue Resurfacing Project. Should the City Council authorize the issuance of an RFP, the following preliminary schedule is anticipated:

Hamilton Avenue - RFP Schedule

Issuance of RFP May 24, 2023
Proposals Due June 23, 2023
Consultant Selection/Notice to Proceed July 24, 2023

The attached resolution has been prepared to authorize: 1) the issuance of an RFP for design consultant services of the Hamilton Avenue Project; 2) the Public Works Director 11 Packet Pg. 76
Hamilton Ave. Resurfacing Page 3 of 3
to negotiate the terms of the Consultant Services Agreement; and 3) the City Manager to execute said Agreement.

FISCAL IMPACT

The estimated cost for the proposed design consu ltant services is approximately $450,000. CIP funds in the amount of $2,908,000 were previously programmed in the FY 2023 Annual Street Maintenance Budget for the anticipated design services of the Hamilton Avenue Project (No. 23 -BB). With sufficient funds available, there are no additional appropriations necessary with this action.

ALTERNATIVES

Do not issue the RFP at this time; direct staff to take alternate action.

Prepared by:

Amy Olay, City Engineer

Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. Hamilton Ave (23-BB) RFP
11 Packet Pg. 77

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

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

DESIGN CONSULTANT SERVICES FOR THE HAMILTON AVENUE RESURFACING PROJECT (NO. 23-BB), THE PUBLIC WORKS DIRECTOR TO NEGOTIATE THE

TERMS OF THE CONSULTANT SERVICES AGREEMENT, AND CITY MANAGER

TO EXECUTE SAID AGREEMENT

WHEREAS, the purpose of the City’s Annual Street Maintenance Program is to ensure an equitable distribution of limited paving resources to address the critical maintenance needs of roads throughout the City; and

WHEREAS, as an arterial street, Hamilton Avenue is programmed in the C apital Improvement Program (CIP) for fiscal years 2023 through 2025 for pavement resurfacing; and

WHEREAS, specialized equipment, software tools, and pavement expertise are required to analyze the existing pavement structure and condition s to help identify the most appropriate treatment to improve street conditions and extend its useful life; and

WHEREAS, Title II of the Americans with Disability Act requires projects with pavement alterations (such as street resurfacing), to include the installation of ADA-compliant curb ramps as designated by the project specifications; and

WHEREAS, staff has identified five intersections along Hamilton Avenue that will require some form of modification to the existing traffic signal equipment , and topographic surveys of these intersections, to facilitate their design; and

WHEREAS, specialized surveying equipment, personnel, and appropriate traffic control are necessary to ensure a safe and adequate collection of data; and

WHEREAS, the cost of the proposed design consultant services is $450,000 and has already been program med in the Fiscal Year 2023 Annual Street Maintenance CIP budget for Hamilton Avenue Resurfacing Project (No. 23-BB).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby authorizes: 1) the issuance of the RFP for design consultant services of the Hamilton Avenue Resurfacing Project (No. 23 -BB); 2) the Public Works Director to negotiate the terms of the Consultant Services Agreement; and 3) the City Manager to execute said Agreement.

PASSED AND ADOPTED this 16th day of May 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

11.a
Packet Pg. 78
Attachment: Resolution (Hamilton Ave. Resurfacing)

___________________________________
Anne Bybee, Mayor
ATTEST:

___________________________
Andrea Sanders, City Clerk

11.a
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Attachment: Resolution (Hamilton Ave. Resurfacing)

MAY 24, 2023
Request for Fee Proposal (RFP) for Pavement, Site Design and Traffic Signal Design Services
For the City’s Annual Street Maintenance:

Hamilton Avenue Resurfacing Project

PROPOSALS DUE: 3:00 P.M., Friday, June 23, 2023

OVERVIEW:

The City of Campbell is pleased to announce this Request for Fe e Proposal (RFP) to provide pavement design,  site  design,  and  traffic  signal  design  for  its  Annual  St r e e t  M a i n t e n a n c e :   H a m i l t o n  A v e n u e Resurfacing Project.

BACKGROUND:

Hamilton Avenue is a regional arterial street that runs in the  east‐west direction connecting to the City of San Jose at both ends.  The Annual Street Maintenance Projec t will resurface Hamilton Avenue from the western City limit line to the eastern City limit line.  Hamilton Avenue is approximately 2.82 miles in length, is six lanes wide (three in each direction) and is line d with a mix of high and low density / single family housing, retail, and corporate businesses.  A portion of Hamilton Avenue, the #3 westbound lane between Bascom Avenue and approximately 100 feet east of Greyla nds Drive, is located within the City of San Jose’s jurisdiction.

The  scope  of  the  construction  project  includes  but  the  following :   s t r e e t  r e s u r f a c i n g ;  i n s t a l l a t i o n  o f Americans  with  Disabilities  Act  (ADA)  compliant  accessibility  r amps;  the  repair  of  concrete improvements such as uplifted/s unken curb and gutter, driveway  approaches, and damaged sidewalk; traffic signal modifications at intersections to accommodate ne w ADA‐compliant ramps; installation of bicycle facilities such as, Class II protected bicycle lanes, and sharrows; and other work incidental to the project.  The project is tentatively scheduled to start construction in the summer of 2024.

The  City  will  prepare  the  overall construction  documents  for  the  project.    The  City  intends  to  hire  a Consultant  to  provide  design  services  to  address  the  pavement  resurfacing  treatment  for  Hamilton Avenue.  The  design  services  will  also  include  accessibility  ramps  at  signalized  intersections  and  any necessary traffic signal modifications to accommodate new ADA‐compliant ramps.

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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing)

Hamilton Avenue has the following pavement condition indices (PCI’s) and traffic indices (TI’s):

Section
ID
Street Name Beg Location End Location Length Width Area Current PCI Traffic Index (TI)
10 HAMILTON AVE 640' W/O PHEONIX
DR @ CL
PHOENIX DR 640 84 53760 84 8.5
20 HAMILTON AVE PHOENIX DR MARATHON
DR
919 84 77196 70 8.5
30 HAMILTON AVE MARATHON DR SAN TOMAS
EXPWY
1302 84 109368 29 8.5
40 HAMILTON AVE SAN TOMAS

EXPRESSWAY
CARLYN AV 1199 84 100716 26 9.0
50 HAMILTON AVE CARLYN AV DUNSTER DR 1102 84 92568 27 9.0 60 HAMILTON AVE DUNSTER DR WINCHESTER
BLVD
656 84 55104 24 9.0
70 HAMILTON AVE WINCHESTER
BLVD
THIRD ST 945 85 80325 58 9.5
80 HAMILTON AVE THIRD ST CENTRAL AV 953 84 80052 59 9.5 91 HAMILTON AVE CENTRAL AV SALMAR AV 1095 93 101835 52 9.5 92 HAMILTON AVE SALMAR AV PCC BRIDGE
@ HWY 17
305 93 28365 45 9.5
100 HAMILTON AVE HIGHWAY 17 BASCOM AV 1880 98 184240 31 9.5 110 HAMILTON AVE BASCOM AV DOVER WY 1520 90 136800 40 9.0 120 EB HAMILTON AVE DOVER WY LEIGH AV 1037 46 47702 54 9.0 130 EB HAMILTON AVE LEIGH AV CITY LIMITS @

HURST AVE
1325 30 39750 54 9.0
NOTE:  The Consultant is to design the pavement structural section to meet the traffic indices noted in the table above.

SCOPE OF SERVICES, DELIVERABLES AND SCHEDULE:

The City is requesting that the Consultant prepare a scope of w ork and corresponding fees to provide pavement design, curb ramp design, and traffic signal design for Hamilton Avenue.

Pavement Design:  The City is interested in repairing isolated pavement base fa ilure areas (i.e. digouts) and using cold in place recycling (CIR) for Hamilton Avenue wit h the exception of Section ID 10 & 20 as the PCI’s for these sections do not call for such treatment.    It will be the Consultant’s responsibility to recommend a pavement rehabilitation treatment for Section ID 10 & 20.  The Consultant’s pavement design  should  consider  the  resulting  cross‐slopes  at  driveway  approaches,  improve  the  structural integrity, ride quality, and appearance of the street, and should have a 20‐year pavement design life.

At a minimum, the Consultant is to include the following in their work:
 Pavement Deflection Test using non‐destructive Falling Weight D eflectometer (FWD) every 100 feet in each lane in each direction
 Geotechnical field investigation (Cores shall be taken every 50 0 feet, at a minimum 2 cores for each section of Hamilton Avenue)
 Documentation of existing pavement condition
 Documentation of all median‐island curb heights and curb height transitions  Documentation and identification of digout locations, sizes and depths

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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing)

The deliverables for the pavement design shall include the following:

1. A PDF of the analysis/design report performed for the project, which at a minimum should include the following:
o Pavement structural requirements for each Section ID of Hamilton Avenue o Results of the Pavement Deflection Testing
o Results of the Coring Activities
o Documentation of the existing pavement conditions

2.  Cost analysis for the pavement treatment for each Section ID  on Hamilton Avenue

3.  Project specifications in MS Word file, which at a minimum should include the following:
o Specifications/Special Provisions on the pavement resurfacing treatments o Quality control (QC) requirements for the pavement resurfacing treatments o Quality  assurance  (QA)  requirements  for  the  pavement  resurfacin g treatments/CIR, including specific testing requirements o Documentation on aerial maps the  locations, sizes, and depths o f digouts where necessary.

4.  Engineer’s  Estimate  in  MS  Excel  file  for  pavement  repair  suc h  as  digouts  and  street resurfacing treatments

Site Design and Traffic Signal Design:  The scope of services for site design for curb ramp installation and traffic signal modification design shall include the following:  review and confirm that information shown on provided record drawings are accurate; the design for the installation of ADA‐compliant accessibility ramps;  traffic  signal  modification  design  at  intersections  and other  site  facilities  to  conform  to  ADA standards, and any other incidental work.

The City has identified the following intersections that will require site design for curb ramp installation and traffic signal related modification work:
 Hamilton Avenue at Llewellyn Avenue
 Hamilton Avenue at Eden Avenue
 Hamilton Avenue at N. Central Avenue
 Hamilton Avenue at Creekside Way
 Hamilton Avenue at Leigh Avenue
The City will provide:
 AutoCAD file for base drawings, aerials, borders, and pen settings  Sample Project Specifications
 Traffic Signal As‐built Plans

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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing)

 Utility Contact Information
The deliverables for the site design for curb ramp installation and traffic signal design shall include the following:

1. Plan Sets
o Topographic survey for each affected intersection showing existing utility information o Design for ADA Ramps
o Traffic Signal Modification Work
o Progress Plan Sets in PDF
o Final Plan Set in PDF (stamped and signed) and in AutoCAD 2023 DWG files

2. Specifications
o Submitted to match City Sample Project Specification format o Progress Set in MS Word File
o Final Set in MS Word File

3. Engineer’s Cost Estimates for each intersection
o Progress Estimate in MS Excel File
o Final Estimate in MS Excel File
DELIVERABLE SCHEDULE:

The following deliverables are required at a minimum for the pa vement, site design, and traffic signal designs:
 30% Draft Reports, Plans, Specifications and Estimates:      Septe mber 8, 2023  60% Draft Reports, Plans, Specifications and Estimates:      Novem ber 10, 2023  90% Draft Reports, Plans, Specifications and Estimates:      Janua ry 5, 2024  100% FINAL Reports, Plans, Specifications and Estimates:      Febr uary 9, 2024

RFP PROPOSAL FORMAT AND SUBMISSION REQUIREMENTS:

Proposals submitted in response to this RFP will be used as a b asis for selecting the Consultant for this project.  The Consultant’s proposal will be evaluated and ranke d according to the criteria provided in Attachment 3, “Proposal Evaluation Criteria,” of this RFP.

Addenda to this RFP, if issued, will be posted on the Quest/CDN  website and all Consultants who have downloaded  the  RFP  from  the  Quest/CDN  website  will  be  notified of  the  addenda.  It  shall  be  the Consultant’s responsibility to en sure that any additional infor mation and/or addenda are incorporated into their proposal.

Questions.  Questions related to this RFP shall be submitted in writing to the project bid site, Quest/CDN website.  Questions shall be submitted before 5:00 P.M., June 14, 2023.

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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing)

Responses.  The City will post inquiry responses to the Quest/CDN website by 5:00 P.M., June 20, 2023.

Proposal Deadline:  The City Clerk’s office will be accepting all proposals electronically. Proposals shall be submitted via email to [email protected] with subject line “Proposal for Consultant Design Services for Hamilton Avenue” by 3:00 P.M., June 23, 2023.

Cost Proposal:  The cost proposal shall be submitted in a separate email from the proposal with subject line “Cost Proposal for Consultant Design Services for Hamilton Avenue”.  The cost proposal should itemize the fee for each task, showing the estimated hours of each staff member assigned and the associated fee for that staff member or subconsultant..  It should also include a fee for on‐call engineering assistance for construction.  Cost proposals will not be viewed until the Consultant has been selected.

Proposals received after the time and date specified above will be considered nonresponsive and will be returned to the Consultant.

Any proposals received prior to the time and date specified abo ve may be withdrawn  or modified by written request of the Consultant.  To be considered, however, the modified Proposal must be received prior to 3:00 P.M., June 23, 2023.

Proposals received after the time and date specified above will be considered nonresponsive and will be returned to the Consultant. Unsigned proposals or proposals signed by an individual not authorized to bind the prospective Consultant will be considered nonresponsive and rejected.

Proposals should include the following information:

Section 1 Cover Letter – Cover le tter signed by an officer of t he firm, binding the firm to all the commitments made in the submittal.

Section 2 Review of Scope of Services – Proposers must comment on the firm’s ability to provide the services listed in the Scope of Services, Deliverables and  Schedule outlined above. Provide comments, and suggest modifications, changes and/or additions a s appropriate. Indicate how your firm/team would approach the project and what specialized services or unique insights your team would bring to the project. Provide examples of your team’ s vision and approach for this project.

Section  3  Preliminary  Project  Schedule  –  Review  the  City’s  sched u l e  a s  n o t e d  i n  t h i s  R F P  a n d provide comments, suggested modifications, changes and/or addit ions as appropriate. Add any significant  milestone  dates  necessary  to  complete  all  tasks.    Indicate  resources  that  will  be allocated to each major task category to meet this schedule and discuss your firm’s flexibility and record in “catching up” if milestone dates are not met. Discuss your firm’s commitments to other projects in the time frame coinciding with this project.

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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing)

Section 4 Related Project Experience – Briefly discuss your firm’s vision for the project and what would make the firm the best qualified for this particular proj ect. Present a description of your firm’s past performance on similar projects, emphasizing projec ts of similar scope and budget.

Discuss the firm’s experience in  the successful coordination of  trades and subconsultants, and the quality control process. Address your firm’s record of meeting schedules and controlling costs and accuracy on engineer’s estimates.

The services and expertise which are required to successfully c omplete the project include the following:
 Pavement  engineering  to  develop  a  constructable,  cost‐effective p a v e m e n t  s e c t i o n  f o r t h e  r e s u r f a c i n g  o f  H a m i l t o n  A v e n u e  t h r o u g h  f i n a l  d e s i g n  d o c u m e nts;  applicable experience  with  pavement  design  for  major  city  streets  using  Caltrans  methodology, standards, and guidelines;
 Site Design and/or Traffic Engineering services to develop acce ssibility ramp design and associated traffic signal modification design plans through final design documents;  Resources  in  the  areas  of  land  surveying,  geotechnical  and  pave ment  engineering, construction and rehabilitation;
 Ability to propose improvements that can be reasonably designed and constructed within the allocated budget and space;
 Ability to prepare complete and accurate plans, specifications  and project construction engineer’s estimates;
 Ability to provide on‐call engineering assistance during construction; and  An  understanding  of  construction,  modification,  operations,  and  maintenance  of municipal infrastructures.

Section 5 Sub‐Consultants – Identify any subconsultants your firm will utilize. Include resumes of key  individuals  who  will  be  directly  involved  in  this  project,  and  briefly  describe  any  past involvement in joint projects with these subconsultants. Indicate why the subconsultant has been selected to work on the project team. Indicate how the prime firm will ensure quality control and coordination of documents between the prime and the various subconsultants.

Section 6 Qualifications and Capabilities – Provide a detailed discussion of the qualifications and experience  of  the  Project  Manager  that  would  be  assigned  to  this  project.  Provide  additional information regarding the qualifications and experience of all others that will be assigned to work on the pro j ect te am. Pl ease submit  resumes of  only thos e indiv iduals that will be assigned to

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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing)

work on the project. An organizational chart is recommended. Indicate how your firm’s resources will work together to complete this project. Identify additional resources available in your firm.

Section 7 References – A minimum of three current references from past projects (of similar size and scope) completed by the proposed project manager and/or project team should be provided.

Please provide the following information for each reference:

Firm, Owner, or Agency Name
Project Description
List of Services Provided
Engineer’s estimate vs actual construction cost
Contractor
Contact Person (Name and Title)
Address
Telephone Number
Email Address
All references must contain rele vant projects completed within the past 5 years.

Section 8 Insurance Coverage – Identify carriers, A.M. Best ratings, types, and limits of insurance carried  by  your  firm.  Minimum  coverage  required  by  the  City  is $2,000,000  each  for  general liability, automobile liability, professional liability, and wo rker’s compensation (see Attachment 2 – Consultant Agreement for actual requirements).

PROPOSAL SCHEDULE:

The anticipated Consultant selection schedule is as follows:

City Issues Request for Pro posal (RFP)     May 24, 2023 Proposal Due Date    June 23, 2023
City Reviews Proposals*    June 26‐July 7, 2023
Contract Award / Execute Cont ract    July 10 ‐ July 21, 2023 Notice to Proceed    July 24, 2023

*  The selection process may include oral interviews. The consultant will be notified of the time and place of oral interviews and of any additional information that may be required to be submitted.

SELECTION PROCESS AND EVALUATION CRITERIA:

Proposal submitted in response to this RFP will be used as a basis for selecting the Consultant for this project. The Consultant’s proposal will be evaluated and ranked  according to the  criteria as noted in Attachment 3 Proposal Evaluation Criteria.

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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing)

ADDITIONAL INFORMATION
The City reserves the right to accept or reject any or all Proposals, or to alter the selection process if warranted, to postpone the selection process for its own conven ience at any time, and to waive any defects in the Request for Proposals. The City also reserves th e right to accept or reject any individual subconsultant that a candidate proposes to use.

This RFP shall in no way be deemed to create a binding contract  or agreement of any kind between the City and the proposers. The City’s standard form of Consultant Services Agreement will form the basis of the contract between the parties.

Each proposer responding to this RFP acknowledges and agrees that the preparation of all materials for submittal to the City and all presentations, related costs and travel expenses are at the proposer’s sole expense and the City shall not, under any circumstances, be responsible for any cost or expense incurred by the candidate. In addition, each proposer acknowledges and a grees that all documentation and/or materials submitted with the RFP shall remain the property of the City.

ATTACHMENTS:

The following attachments are incorporated into the Request for Proposals:
 Attachment 1 ‐ Project Location Map
 Attachment 2 – Consultant Services Agreement
 Attachment 3 – Proposal Evaluation Criteria

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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing) GEORGE
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DE
C ARLI

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EMORY

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PW
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VIRG
IN
IA

HEDEGARD

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LAURA

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SHEFFIELDCASTROCALADO

FAIRLANDS

SUNNYPARK

MCGLINCY
ELWOOD
SAN

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MCBAINMEMORY
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OOD

OAK PARK

PARKDALE

STANFIELD
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ARAM

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PE
T
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JUSTO

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BUDD

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ARCHER

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ELWOOD

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SHARP
PATIO
MONICA

CENTRAL

SAN TOMAS AQUINO
ABBOTT

JONATHAN

WHITE OAKS

LAURAN C
E
HILL
RICKY

CENTURY

BEDAL PARK

CRISTICH
LOWELL
UNION

GRIFFITH
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PINE

JOHN KIRK

COBBLESTONE
BASCO
M

SALERNO
Rosemary
Elementary School
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Document Path: J:\GIS\MAPS\Map of Campbell\Campbell_Street_Parcel_LayersOnly.mxd

SAN JOSE

SAN JOSE

SAN JOSE

SARATOGA

LOS GATOS

CITY OF CAMPBELLMONTE
SERENO
[N
1 " = 1,000 'SCALE:

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CITY OF CAMPBELL

CONSULTANT SERVICES AGREEMENT

This Agreement is entered into at Campbell, California on the day of ______________, 2023, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and __________________ (hereinafter referred to as "Consultant").

WHEREAS, City desires to obtain consulting services for the purpose of ____________________________

WHEREAS, Consultant represents that it has the expertise, means, and ability to perform ____________________assignment;

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

1. DUTIES OF CONSULTANT

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

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

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

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

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

1.6 Consultant agrees to perform this Ag reement in accordan ce 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 cooperat e in good faith with City in all aspects of the performance of this Agreement.

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

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

1.10 The designated project manager for Consultant shall be ___________________.

The Consultant’s project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with the City and the City’s project coor dinator. The authorized principal of Consultant executing this Agreement for the Consultant sha ll have authority to make decisions regarding changes in services, termination and other matters related to the performance of this agreement on behalf of Consultant.

1.11 The Consultant (and its employees, agents , representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as officers or officials or employees or agents of the City. The City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Cons ultant meet specific standards consistent with the requirements of this Agreement without re gard to the manner and means of accomplishment thereof. Subcontractors shall assume all of the ri ghts, obligations and liabilities, applicable to it as an independent contractor hereunder. Consu ltant 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 fina nce 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 w ith AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.

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

2. DUTIES OF CITY

2.1 City shall furnish to Consultant all av ailable and pertinent data and information requested by Consultant to facilitate the prep aration of the documents called for in this Agreement. Consultant shall be entitled to reasonably rely on accuracy and completeness of such information, provided that Consultant shall make any additional investigation reasonably necessary to confirm such info rmation and provide City prompt written notice of any known or discovered defects in such data and information.

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

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

3. COMPENSATION

3.1 For the full performance of the servi ces described herein by Consultant, City agrees to compensate Consultant for all services and direct costs associated with the performance of the project in an amount not to exceed $________________, as follows:
a. Once each month, Consultant shall submit for payment by City, an itemized invoice for services performed during the previous billing period. The invoice shall describe the services rendered and the title of the item of work, and sh all list labor hours by personnel classification.

Said invoice shall be based on all labor and dir ect expense charges made for work performed on the project. Labor charges shal l be in accordance with the fee schedule found in Exhibit A of this Agreement. City shall pay Consultant for services rendered and approved by the City within 30 days from the date the itemized invoice is received by the City, subject to the maximum not to exceed amount specified above and the City’s right to object. b. Direct costs are those outside costs in curred on or directly for the project, and substantiated with invoices for the charges. Direct expens es include printing, reproduction, and delivery charges.

3.2 If Consultant incurs other costs which are not specifically covered by the terms of this Agreement, but which are necessary for performance of Consultant’s duties, City may approve payment for said costs if authorized in writing by the City in advance.

3.3 City may order changes in the scope or character of services in writing, including decreasing the amount of Consultant’s services . In the event that the work is decreased, Consultant is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change . Under no conditions shall Consu ltant make any changes to the work, either as additions or deduc tions, without the prior written or der 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 spec ified in this Article 3 (Compensation) shall not be exceeded, unless authorized by written c ontract amendment or change order, approved and executed by the City. Consultant shall obt ain prior written appr oval for a revised fee schedule from the City before exceeding such fee schedule. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

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

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

4. SUBCONSULTANTS

4.1 Consultant may not subc ontract any services requi red under this Agreement without the prior written consent of the City.

4.2 Consultant shall be responsible to C ity 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 th at all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Campbell, its officers, officials, directors, agents representatives, volunteers, and employees as additional insureds. Any modification to the insurance requi rements for subcontractor s must be agreed to by the City in writing.

4.4 If at any time, the City determines any subcontr actor is incompetent or unqualified, Consultant will be notified and w ill be expected to imm ediately 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 su bconsultants in the performance of the services encompassed in this Agreement (whether in printed or electronic fo rmat) (“project-related documents and materials”) shall be the property of the City a nd 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 instru ments of professional se rvices 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 c opyright or other intellec tual 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 ot herwise 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 th e City upon request, all finished and unfinished project-related documents and materials, produced or gathered by or on behalf of Consultant that

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are in Consultant’s possession, custody or control. Consultant may retain copies of said documents and materials for its files. In the event of term ination, any dispute regarding compensation or damages shall not hinder, preven t, or otherwise impact the City’s right to promptly receive and use such documents and materials whic h are the sole and exclusive property of the City.

6. TERMINATION

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

6.2 In the event of such te rmination, Consultant shall be compensated for all work and services performed to the point of termination in accordance w ith the payment provisions set forth in Section 3.1, unless the termination is for cause, in whic h 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 pu rsuant to the Agreement, the Ci ty 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 reliev e the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Cons ultant 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, C onsultant will have no further cl aims against th e City under the Agreement. No other compensation will be pa yable 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 Ag reement for a period of three years following acceptance of the final study.

8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employm ent practices on the basis of race, religious creed, color, sex, national orig in, handicap, sexual orient ation, marital status, medical condition, disability, ance stry, organizational affiliation, m ilitary or veteran status, or

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any other consideration made unl awful 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 Fe deral and State and local equal employment opportunity laws and regulations.

9. INSURANCE AND INDEMNIFICATION

9.1 With respect to any design professional services provided by Consultant , the Consultant agrees to indemnify, and hold harm less 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 willfu l 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, an y defense costs charged to th e design professional under this paragraph shall not exceed the design professional’s proportionate percentage of fault, except:

a. That in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with the other parties regarding unpaid de fense 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 profe ssionals for their legal liability arising out of their professional servic es on a primary basis, then there shall be no limitation on the design professional's duty to pr ovide 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 attorn eys’ fees and costs (collectively, “Losses”) including but not limited to all claims, actions, ca uses 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 ar ise 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 prox imately caused by the sole negligence or willful misconduct of City. City shal l not be liable for acts of Cons ultant 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 unde r the public policy of the State of California; and in the event that this contract is subject to California Civil Code sectio n 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City.

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The defense and indemnity provisio ns obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by the insu rance 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 co ntribution, 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 fo llowing specifications to the fullest amount allowed by law for a minimum of three (3) years following the termination or completion of this Agreement:

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

1. Commercial General Liability;

2. Automotive;

3. Workers’ Compensation and Employer Liability; and

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

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

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

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

4. For Professional Liability and/or Erro rs and Omissions: insurance covering negligence committed by or on behalf of Consultant in re ndering services to City.

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

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

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bodily, personal injury and property damage. If Commercia l General Liability Insurance or other form with a general aggregate lim it is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 combin ed single limit per accident for bodily injury and property damage.

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

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

The limits of insurance required in this Ag reement 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 (a s agreed to in this Agreement) before the City’s own insurance or self-insurance shal l be called upon to protect it as a named insured.

D. Deductible and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City, and shall not reduce the limits of liab ility. At the option of the City, either: the insurer shall reduce or eliminate such deductible s 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. Policie s containing any self-insured retention provision shall provide or be endorsed to provide that the self-insured retention may be satisfied by either the named insured or the City.

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

1. General Liability and Automobile Liability Coverage:
a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be covered as additional in sureds as respects: liability arising out of this Agreement performed by or on be half of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. It is a requirement of this Agreement that any available insurance proceeds broader

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than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in this Agreemen t shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is affords greater coverage. b. The Consultant's insurance covera ge shall be prim ary insurance as respects the City, its agents, officers , attorneys, employees, officials and volunteers. Any insurance or self-insuran ce 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 th e City, its agents, officers, attorneys, employees, officials, and volunteers.
d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

2. Workers’ Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of su brogation against the City, its agents, officers, attorneys, employees, offici als, 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 a ffect coverage provided to the City; and unless otherwise approved by the C ity, each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by regular mail has been given to the City, or ten (10) days for cancellation for non- payment of premium.

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

G. Subcontractors
Consultant agrees that any and all contracts with subcontra ctors for performance of any matter under this Agreement shall require the s ubcontractors to comply with the same indemnity and insurance requirements set forth in this Agreem ent to the extent that they apply to the scope of the subcontractors’ work. Subcontractors are to be bound to contractor and to City in the same

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manner and to the same extent as the Consu ltant is bound to City under this Agreement.

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

A copy of this Agreement will be furnished to th e 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, a nd will provide proof of compliance to the City.

H. Acceptability of Insurers
Without limiting Consultant's indemnificat ion provided hereunder, the policies of insurance listed in Article 9.2 of this Agreemen t are to be issued by an issuer with a current A.M. Best Rating of A:V and who is authorized to transact business in the State of California, unless otherwise approved by the City.

I. Verification of Coverage
Consultant shall furnish the City with e ndorsements and certific ates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that in surer to bind coverage on its behalf. The certificates are to be on fo rms acceptable to the City. Wh ere required by statue, forms approved by the Insurance Commissioner are to be submitted. All certificates are to be received and approved by the City before work commences.

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

10. MISCELLANEOUS

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

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

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

10.4 Neither party’s waiver of any term, condi tion or covenant, or breach of any term, condition or covenant shall be c onstrued as the waiver of any ot her term, condition or covenant or waiver of the breach of any other term, condition or covenant.

10.5 This Agreement contains the entire Agreement between C ity and Consultant relating to the project and the provision of se rvices to the project. Any prior agreements,

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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing) ‐11‐
promises, negotiations, or representations not e xpressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Consultant.

10.6 If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on City and Consultant.

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

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

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

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

Consultant will immediately advise the City if Consultant learns of a financial interest of Consultant's during the term of this Agreement.

10.11 City is a public agency s ubject to the disclosure requ irements 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, Consulta nt must clearly mark such information “Confidential and Proprietary,” and identify the specific lines contai ning the information. In the event of a request for such information, City will ma ke 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 la w 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 (includi ng but not limited to all judgments, costs, and attorney’s fees) that may result from denial by C ity of a CPRA request for information arising

11.b
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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing) ‐12‐
from any representation, or any action (or inaction), by the Consultant.

10.12 Neither party hereto shall be consider ed in default in the performance of its obligation hereunder to the extent that the performance of any su ch 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 contro l of the affected party and without the negligence of the respective Parties. Each party he reto shall give notice promptly to the other of the nature and extent of any Force Majeure cl aimed to delay, hinder or preven t performance of the services under this Agreement. Each Party will, however , make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, there may be an equitable adjustment of the schedule and Consultant compensation based on City’s sole discretion.

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

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

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

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

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

10.18 This Agreement may be executed in counter parts 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.

11.b
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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing) ‐13‐

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

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

CONSULTANT: ___________________
Attention: ___________
____________________
____________________
____________________

[SIGNATURES ON FOLLOWING PAGE]

11.b
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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing) ‐14‐

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

CONSULTANT

By_________________________________

Title________________________________

CITY OF CAMPBELL

By_________________________________

Title _______________________

Approved as to Form

______________________________
City Attorney

Exhibit A - Scope of Services and Fees

K:\Contracts - Standard Consultant Services

11.b
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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing) Attachment 3: Proposal Evaluation Criteria

All proposals will be evaluated by a City Selection Committee (Committee). The Committee may be composed of City staff and ot her parties that may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of t he Committee. All contacts during the evaluation phase shall be through the City Contract Administ rator/Project Manager only. Proposers shall neither contact nor lobby ev aluators during the evaluatio n process. Attempts by Proposer to contact members of the Committ ee may jeopardize t he integrity of the evaluation and selection process and risk possible disqualification of Proposer.

The Committee will evaluate each proposal meeti ng the qualification requirements set forth in this RFP. Proposers should bear in mi nd that any proposal that is unrealistic in terms of the technical or schedule commi tments may be deemed re flective of an inherent lack of technical competence or i ndicative of a failure to comprehend the complexity and risk of the City’s requirements as set forth in this RFP.

The selection process may include oral interv iews. The consultant will be notified of the time and place if oral interviews are to be conducted, and if any additional information may be required.

Upon completion of the evaluation and selecti on process, only the cost proposal from the most qualified consul tant will be opened to begin cost negotiations. Upon acceptance of a cost proposal and successful contract negotiations, staff will recommend a contract be awarded.

Evaluation Criteria

Proposals will be evaluated according to each Evaluation Criteria, and scored on a zero to five point rating. The scores for all the Evaluati on Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A proposal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any project is three hundred seventy-five hundred (375) points.

Rating Scale
0 Not
Acceptable
Non-responsive, fails to meet RFP specifications. The approach has no probability of success. For mandatory requirement this score will result in disqualification of proposal.
1 Poor
Below average, falls s hort of expectations, is substandard to that which is the average or expect ed norm, has a lo w probability of success in achieving project objectives per RFP.
2 Fair Has a reasonable probability of succe ss, however, some objectives may not be met.

11.b
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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing) Annual Street Maintenance: Attachment 3
Hamilton Avenue Street Resurfacing Project 23-BB
Request For Proposal – Pavement, Site Design and Traffic Signal Design Proposal Evaluation Criteria

3 Average
Acceptable, achieves all objectives in a reasonable fashion per RFP specification. This will be the baseline score for each item with adjustments based on interpretation of proposal by Evaluation Committee members.
4 Above
Average/Good
Very good probability of success, bette r than that which is average or expected as the norm. Achi eves all objectives per RFP requirements and expectations.
5 Excellent/
Exceptional
Exceeds expectations, very innovative, clearly superior to that which is average or expected as t he norm. Excellent probability of success and in achieving all objectives and meeting RFP specifications.

The Evaluation Criteria Summary and their respective weights are as follows:

No. Written Evaluation Criteria Weight
1 Completeness of Response Pass/Fail
2 Qualifications & Experience 20
3 Organization & Approach 15
4 Scope of Services to be Provided 15
5 Schedule of Work 10
6 Local Presence 5
7 References 10
Subtotal: 75

At the City’s option, interviews may be included. If so, the following will be added to the evaluation process.

No. Interview Evaluation
Criteria Weight
9 Presentation by team 10
10 Q&A Response to panel
questions 15
Subtotal: 25
Total: 100

11.b
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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing) Annual Street Maintenance: Attachment 3
Hamilton Avenue Street Resurfacing Project 23-BB
Request For Proposal – Pavement, Site Design and Traffic Signal Design Proposal Evaluation Criteria

1. Completeness of Response (Pass/Fail)

a. Responses to this RFP must be co mplete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address eac h of the items listed below will be considered incomplete, be rated a Fail in the Eval uation Criteria and will receive no further consideration. Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process.

2. Qualifications & Experience (20 points)

a. Relevant experience, s pecific qualifications, and technical expertise of the firm and sub-consultants to conduct traffic engineering services on both federal and nonfederal-aid projects.

3. Organization & Approach (15 points)

a. Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward b. Roles and Organization of Proposed Team
i. Proposes adequate and appropriate disciplines of project team. ii. Some or all of team members have previously worked together on similar project(s).
iii. Overall organization of the t eam is relevant to City needs. c. Project and Management Approach
i. Team is managed by an individual with appropriate experience in similar projects. This person’s ti me is appropriately committed to the project.
ii. Project team and management appr oach responds to project issues. Team structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones.
d. Roles of Key Individuals on the Team
i. Proposed team members, as dem onstrated by enclosed resumes, have relevant experience for their role in the project. ii. Key positions required to execute the project team’s responsibilities are appropriately staffed.
e. Working Relationship with City
i. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.

11.b
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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing) Annual Street Maintenance: Attachment 3
Hamilton Avenue Street Resurfacing Project 23-BB
Request For Proposal – Pavement, Site Design and Traffic Signal Design Proposal Evaluation Criteria

ii. Team leadership und erstands the nature of publ ic sector work and its decision-making process.
iii. Proposal responds to need to assist City during the project.

4. Scope of Services to be Provided (15 points)

a. Detailed Scope of Services to be Provided
i. Proposed scope of services is appr opriate for all phases of the work.
ii. Scope addresses all known proj ect needs and appears achievable in the timeframes set forth in the project schedule.
iii. Demonstrates team’s abilit y to reach and engage broad user groups through community outreach.
iv. Demonstrates experience in use of polling / survey tools. b. Project Deliverables
i. Deliverables are appropriate to schedule and scope set forth in above requirements.
c. Cost Control and Budgeting Methodology
i. Proposer has a system or process for managing cost and budget. ii. Evidence of successful budget m anagement for a similar project.

5. Schedule of Work (10 points)

a. Schedule shows completion of the work within or preferably prior to the City overall time limits.
b. The schedule serves as a project ti meline, stating all major milestones and required submittals for project management.
c. The schedule addresses all knowable phases of the project, in accordance with the general requirements of this RFP.

6. Local Presence (5 points)

a. A statement addressing firm’s ability to establish an office within the County or surrounding area.

7. References (10 points)

a. Provide as reference the name of at least three (3) agencies you currently or have previously consulted for in the past five (5) years.

8. Presentation by Team (10 points)

11.b
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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing) Annual Street Maintenance: Attachment 3
Hamilton Avenue Street Resurfacing Project 23-BB
Request For Proposal – Pavement, Site Design and Traffic Signal Design Proposal Evaluation Criteria

a. Team presentation conveying project understanding, communication skills, innovative ideas, critical issues and solutions.

9. Q&A Response to Panel Questions (15 points)

a. Proposer provides responses to various interview panel questions.

Weighted scores for each Proposal will be assigned utilizing the table below:

No. Evaluation Criteria Rating
(0-5) Weight
Score
(Rating *
Weight)
1 Completeness of Response N/A Pass/Fail Pass/Fail
2 Qualifications & Experience 20
3 Organization & Approach 15
4 Scope of Services to be Provided 15
5 Schedule of Work 10
6 Local Presence 5
7 References 10
8 Presentation by Team 10
9 Q&A Response to Panel Questions 15
Total: 100

11.b
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Attachment: Hamilton Ave (23-BB) RFP (Hamilton Ave. Resurfacing)

City
Council
Report

TITLE: Resolution Authorizing the Use of FY 2024 Road Maintenance and Rehabilitation Account (RMRA) Funds for the Annual Street Maintenance Project (FY 2023 through F Y 2025) for Resurfacing of Hamilton Avenue, Project No. 23-BB (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution authorizing the use of Fiscal Year 2024 Road Maintenance and Rehabilitation Account (RMRA) Funds for the Annual Street Maintenance Project (FY 2023 through FY 2025) for the resurfacing of Hamilton Avenue, Project No. 23-BB.

BACKGROUND

Since 2017, the Road Repair and Accountability Act (SB1) has been a significant funding source for addressing deferred main tenance needs on the state highway system and the local street and road systems. The Act established the Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund – requiring the collection of funds through fuel excise taxes, dies el fuel sales taxes , and vehicle registration fees. SB1 requires the California Transportation Commission (CTC) to adopt criteria to ensure the efficient use of these funds (further detailed below). In 2018, the passage of Proposition 69 guaranteed that revenue generated from these RMRA funds would only be used for transportation improvement purposes.

Pursuant to Streets and Highways Code (SHC) Section 2032(h) , a percentage of the RMRA funding shall be apportioned by formula to eligible cities and counti es for use on basic road maintenance, rehabilitation, and critical safety projects for local streets and roads systems. Based on these requirements, such legislative action guarantees that a portion of funding may be applied toward the City’s Annual Street Maintenance Program.

Furthermore, per the Streets and Highways Code (SHC) Section 2032.5(a) , recipients of RMRA fund s are accountable for the efficient investment of public funds to maintain local streets and roads through performance goals which are tra cked and reported.

Therefore, ci ties and counties receiving RMRA funds must comply with all relevant federal and state laws, regulations, policies, and procedures. Specific requirements to note for the City are as follows:

Item: 12
Category: CONSENT CALENDAR
Meeting Date: May 16, 2023
12 Packet Pg. 108
RMRA Funds for 23BB Page 2 of 3
• Prior to receiving an apportionme nt of RMRA funds from the State Controller in a given fiscal year, the City must submit a list to the California Transportation Commission (CTC) of projects being proposed for use of these funds. The list must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement. The City’s deadline for submitting this year’s list to the CTC is July 1, 2023.
• All projects proposed to receive such funding must be inc luded in the City’s budget that is formally adopted by the City Council at a regular public meeting.
• The City is required to sustain a maintenance of effort (MOE) by spending at least the annual average of its general fund expenditures during baseline years (FY2009 through FY2012) for street, road, and highway purposes from the City’s general fund.

One of the City’s Strategic Plan Objectives is to ensure that streets are safe, clean, and well-maintained. RMRA funds have advanced the City’s efforts to mee t these objectives by providing additional support for preventative maintenance measures of essential road services and development of rehabilitation projects to prevent pavement issues from becoming larger (and more costly) repairs.

On June 7, 2022, the City Council adopted Resolution No. 12843 authorizing the use of Fiscal Year 2022/2023 RMRA funds for Annual Street Maintenance FY23 thru FY25 to resurface the pavement on Hamilton Avenue in its entirety from the western city limits west of Phoenix Drive to the eastern city limits at Hurst Avenue (approximately 2.8 centerline miles).

DISCUSSION

The City of Campbell’s five-year Capital Improvement Program budget for Annual Street Maintenance is funded by revenues from RMRA , Santa Clara County V alley Transportation Authority (VTA) vehicle registration fees, and 2016 VTA Measure B , vehicle impact fees, and Capital Improvement Program Reserve (CIPR).

Proposed FY23/24 Project for RMRA (SB1) Funds

The Annual Street Maintenance – FY23 through FY25, Hamilton Avenue Resurfacing (a multi-year project) has a current budget of $8,486,000 of which $1,080,000 is FY23/24 RMRA funds. Staff recommends allocating the FY23/24 RMRA funds towards the project.

The Hamilton Avenue Resurfacing project will include pavement r epair, pavement resurfacing, and repair to associated concrete improvements. It will also include the construction of ADA compliant curb ramps - some of which will require modifications to adjacent traffic signal equipment. Staff has prepared a separate staff report for the City 12 Packet Pg. 109
RMRA Funds for 23BB Page 3 of 3
Council’s authorization to advertise for consultant design services. Additionally, the project aims to integrate “Complete Streets” elements into its design to achieve multi - modal options for the corridor.

FISCAL IMPACT

There is no fiscal impact associated with this action.

ALTERNATIVES

Do not authorize the use of FY 23/24 RMRA (SB1) Funds to resurface Hamilton Avenue and provide direction to staff on alternate use of the funds.

Prepared by:

Amy Olay, City Engineer

Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
12 Packet Pg. 110

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE USE OF FISCAL YEAR 2023/24 ROAD MAINTENANCE AND

REHABILITATION ACCOUNT (RMRA) FUNDS FOR ANNUAL STREET
MAINTENANCE - HAMILTON AVENUE RESURFACING PROJECT NO. 23-BB (PROJECT)

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the California State Legislature and signed into law by the Governor on April 28, 2017 to address signif icant multi -modal transportation funding shortfalls throughout the State; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Campbell (City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City must adopt by resolution a list of project(s) proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City will receive an estimated $1,080,000 RMRA funding i n Fiscal Year 23/24 from SB 1; and

WHEREAS, receiving the RMRA funds will support the City’s effort to provide continued preventative essential road maintenance and rehabilitation projects before pavement condition becomes worse and cost more to fix; and

WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities; and

WHEREAS, the City used StreetSaver, a pavement management software to develop the SB 1 project list to ensure revenues are being used on the most high -priority and cost- effective projects that also meet the communities’ priorities for transportation investment; and

WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City of Campbell streets and roads are in “At Lower Risk” condition, and this revenue will help Campbell increase the overall quality of its road system and over the next decade will keep our streets and roads in “good” condition; and

WHEREAS, the RMRA funding and overall investment in our local streets and roads infrastructure with a focus on basic preventive maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive impacts to the community; and

12.a
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Attachment: Resolution (RMRA Funds for 23BB)

WHEREAS, the City Council adopted Resolution No. 12843 authorizing the use of Fiscal Year 2022/2023 RMRA funds for Annual Street Maintenance FY23 thru FY25 to resurface the pavement on Hamilton Avenue; and

WHEREAS, the Project w ill include pavement repair, pavement resurfacing, repair to associated concrete improvements, and ADA compliant curb ramps; and

WHEREAS, the Project aims to integrate “Complete Streets” elements into its design to achieve multi-modal options for the corridor.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby authorizes the use of FY 2024 Road Maintenance and Rehabilitation Account (RMRA) funds for the Hamilton Avenue Resurfacing Project (No. 23-BB).

1. The foregoing recitals are true and correct.

2. The following previously proposed and adopted project may also utilize FY2023/24 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City of Campbell is reaffirming to the public and the State the City’s intent to fund these projects with RMRA revenues:

Project Title: Annual Street Maintenance – Hamilton Avenue Resurfacing Project (No. 23-BB)
Project Description: The project will resurface approximately 2.8 miles of Hamilton Avenue.

Project Location: The project is located on Hamilton Avenue from 640’ W/O Phoenix Drive (at city limit) to Hurst Avenue (at city limit).

Estimated Project Schedule: Start (July 2024) – Completion (March 2026) Estimated Estimated Project Useful Life: 10-15 years

PASSED AND ADOPTED this ___ day of _____ 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

___________________________________
Anne Bybee, Mayor
ATTEST:

___________________________
Andrea Sanders, City Clerk

12.a
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Attachment: Resolution (RMRA Funds for 23BB)

City
Council
Report

TITLE: Approval for Vacation of the Light and Air / Building Lines Within Lot 15 of Tract Map No. 148 (621 W. Parr Avenue) and Directing the City Clerk to Record the Resolution (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution approving the vacation of the Light and Air/Building Lines within Lot 15 of Tract Map No. 148 and directing the City Clerk to record the resolution.

BACKGROUND

On August 12th, 1940, the Board of Supervisors of the County of Santa Clara (County) approved Tract Map No. 148 which created a 30 -lot subdivision for an area of land located along Parr Avenue and Walnut Drive in the City of Campbell (Attachment B – Tract Map). As was common at the time, the County required that the subdivider dedicate a Light and Air / Building Line (Building Setback Line) to the street frontage side of the lots, requiring that any structures constructed be set back no less than 25 feet from the street the house faces and 15 feet from the side street on the corner lots.

On February 15th, 2023, the City of Campbell’s Planning Division received a Zoning Clearance application (PLN -2023-31) in support of an SB -9 Urban Lot Split applicat ion (ENG-2023-64) to subdivide the property at 621 West Parr Avenue (Property No. 15 on Tract Map) into two (2) parcels for residential uses. The proposed Site Plan (Attachment 3) includes a markup showing the impact of this proposed subdivision to the existing 25- foot Building Setback Line established by Tract Map No. 148.

DISCUSSION

At the time of its approval, the subdivision for Tract Map No. 148 assumed that a structure constructed on the corner lot of 621 W. Parr Avenue would have the front of its property facing Walnut Drive and its side yard facing West Parr Avenue. As such, the Building Setback Line for this location was set at 25 feet along the Walnut Drive frontage, and 15 feet along the West Parr Avenue frontage. However, the current SB-9 Urban Lot Split application proposes the construction of two new homes facing West Parr Avenue, with the Walnut Drive frontage as the side yard for this new corner lot.

While the City’s current Zoning Ordinance would allow for the 12 -foot side setback Item: 13
Category: CONSENT CALENDAR
Meeting Date: May 16, 2023
13 Packet Pg. 113
621 Parr Ave Page 2 of 3
being proposed, the County’s existing 25 -foot Building Setback Line along the Walnut Drive frontage creates a conflict with the proposed layout.

The Building Setback Lines previously required by the County are no longer appropriate and represent an outdated standa rd in conflict with the front and side setbacks required by the City of Campbell’s Zoning Ordinance. Based on the proposed subdivision for this location, the current 25 -foot Building Setback Line along the Walnut Drive frontage would require an additional 13 feet of setback, which is well -beyond the 12-foot setback required by the City’s Zoning Ordinance.

As such, staff recommends that the Building Setback Lines for 621 W. Parr Avenue be vacated and that building setbacks be determined solely based upon t he City’s Zoning Code.

Upon recordation of the resolution approving this vacation, the property will become unencumbered by this easement.

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

ALTERNATIVES

1. Do not approve the vacation of the Building Setback Lines for 621 W. Parr Avenue and continue to work around conflicts between this easement and the City’s Zoning Code.

Prepared by:

Roger Storz, Senior Civil Engineer
Reviewed by:

Todd Capurso, Director of Public Works
13 Packet Pg. 114
621 Parr Ave Page 3 of 3
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Tract Map 148
c. Site Plan
13 Packet Pg. 115

RESOLUTION NO. ______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

VACATING THE LIGHT AND AIR / BUILDING LINE (BUILDING SETBACK LINE) WITHIN LOT 15 OF TRACT MAP NO. 148 (621 W. PARR AVENUE), AND

DIRECTING THE CITY CLERK TO RECORD THE RESOLUTION

WHEREAS, on August 12 th, 1940, easements for light and air were recorded on Tract Map No. 148 (621 West Parr Avenue ) in Book 4 of Maps, Page 55, of Official Records, Santa Clara County; and

WHEREAS, on February 15th, 2023, the City of Campbell’s Planning Division received a Zoning Clearance Application (PLN -2023-31) in support of an SB -9 Urban Lot Split Application (ENG-2023-64) to subdivide the property at 621 West Parr Avenue (Property No. 15 on Tract Map) into two (2) parcels for residential uses; and

WHEREAS, the City’s current Zoning Ordinance would allow for the 12-foot side setback being proposed, however, the County’s existing 25-foot Building Setback Line along the Walnut Drive frontage creates a conflict with the proposed layout; and

WHEREAS, the 25-food easement for Light and Air / Building Line is no longer required and has since been superseded by the setback requirements for the City of Campbell’s Zoning Code; and

WHEREAS, it is the desire of the City of Campbell to remove this outdated encumbrance (Light and Air / Building Line) from the property commonly known as 621 W. Parr Avenue, Campbell, California 95008; and

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

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby vacate the Light and Air / Building Line Easement within Lot 15 of Tract No. 148 recorded in Book 4 of Maps at Page 55 of Official Records, Santa Clara County, and directs the City Clerk to record this resolution.

PASSED AND ADOPTED this 16th day of May, 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

____________________________
Anne Bybee, Mayor
ATTEST:

_______________________________
Andrea Sanders, City Clerk

13.a
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Attachment: Resolution (621 Parr Ave)

13.b
Packet Pg. 117
Attachment: Tract Map 148 (621 Parr Ave)

13.c
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Attachment: Site Plan (621 Parr Ave)

City
Council
Report

TITLE: Authorize Issuance of Request for Proposals (RFP) for Rent Dispute Mediation Services (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council a dopt a Resolution authorizing the Community Development Director to issue a Request for Proposals (RFP) for rent dispute and mediation services; and authorize the City Manager to a execute a service contract with the most responsible bidder.

BACKGROUND
In 1984 the City of Campbell adopted a Rental Increase Dispute Resolution Ordinance to encourage property owners to limit rent increases to fair and reasonable amounts, provide advance notice of increases, limit the number of rent increases in any one year to as few as possible, provide well maintained living units, discourage retaliatory evictions, an d cooperate with tenants toward resolving disputes. The Ordinance also establishes the Rental Increase Dispute Fact Finding Committee and Rental Dispute and Med iation Program to support these objectives , and additional policies and programs are included in the city’s adopted Housing Element (past and present).

Campbell has historically provided its residents with Rental Dispute and Mediation services through a service agreement with Project Sentinel, a non -profit organization.

Project Sentinel has assisted the City of Campbell by responding to inquiries, providing landlord and tenant counseling, and helping close disputes through mediation when appropriate.

Project Sentinel has been a reliable and consistent service provider . However as the service contract is ending at the end of this fiscal year and the estimated cost to provide ongoing services exceeds the threshold ($50,000) established by the City’s procurement requirements , per Chapter 3.20 of the Municipal Code, an open bidding procurement process is required prior to establishment of a new service contract.

DISCUSSION
The Community Development Department is seeking authorization to release a Request for Proposals (RFP) to identify a qualified service provider for ongoing rental dispute Item: 14
Category: CONSENT CALENDAR
Meeting Date: May 16, 2023
14 Packet Pg. 119
Request for Proposal (RFP) for Rent Dispute and Mediation Services Page 2 of 4 and mediation services, in addition to expanded services that respond to new program requirements established by the newly adopted 6th Cycle Housing Element.

Selecting the appropriate agency or firm through the RFP process will ensure compliance with current Procurement requirements and support implementation of current policies and projected deliverables, as well as new policies under the Housing Element as described below:

Goal 6 – Affirmatively Furthering Housing and Addressing Special needs.

Policies:

H-5.1: Renter Protections: Ensure compliance with fair housing laws and pursue programmatic services and funding to provide assistance to renters and minimize risk of evictions and displacement.

H -5.4: Fair Housing: The City of Campbell shall affirmatively further fair housing for all people (including all race/ethnicities, genders, ages, sexual orientations, religions, people with disabilities, etc.) particularly those with disabilities and developmental disabilities.

H -5.5: Rights of Tenants and Landlords: Assist in educating tenants and landlords, and settling disputes between the two parties.

H -5.12: Equity in Structural Processes: Incorporate equity and diver sity practices into structural processes, including policy development and community outreach strategies.

Programs: (Refer also to Fair Housing Action in Table IV -13 of Draft 2023 - 2031 Housing Element)

H-5h: Fair Housing Program: Continue to allocate a p ortion of the City’s Business License Fees to fund Project Sentinel or a similar non -profit organization that offers fair housing investigative and enforcement services in northern California, including Santa Clara County.

H-5i: Rental Dispute Mediation Pr ogram: Provide mediation assistance for tenant/landlord disputes.

H-5l: Foreclosure Prevention: Promote the services of agencies that provide foreclosure intervention counseling services, including Neighborhood Housing Services Silicon Valley and Project S entinel to provide residents with the education and resources to help reduce foreclosures.

H-5w: Know Your Rights Flyers: Publish informational fliers on renter's rights, pointing to state and local laws and providing information on renter focused services . Fliers shall be provided in Spanish and English and available online as well as at community events.

The Community Development Department is also requesting that City Council authorize the City Manager to approve, negotiate, and execute a Contract Servi ces Agreement with the selected service provider from the RFP process, for a period not to exceed two (2) years and a maximum contract obligation not to exceed $126,000. 14 Packet Pg. 120
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FISCAL IMPACT
The Community Development Department has identified $63,000 in the Draft FY24/25 budget, to be considered by the City Council on June 20, 2023, to account for the estimated cost in providing rental dispute and mediation services and respond to related Housing Element requirements. As the Consultant Services Agreement would e xtend over a period of two years, half of the total contract obligation ($63,000) would be appropriated to the FY 25/26 budget.

ALTERNATIVES

1. Do not authorize the procurement bidding requirements to conduct the Request for Proposal process. As an alt ernative, the city could add more staff resources to the Community Development Department, Housing Division to provide services related to resolution of tenant/landlord disputes. However, it is expected the Housing Division would still require s ervices rel ated to resolution of tenant/landlord disputes to provide unique technical expertise on complex resolution and mediation cases.

2. City Council can dispense with bidding procedures as outlined under the Campbell Municipal Code if it wishes to only obtain th e services from Project Sentinel - however City staff believe that there are other service providers that should be considered.

3. Provide other direction to staff.

Prepared by:

Ken Ramirez, Administrative Analyst
Reviewed by:

Rob Eastwood, Community
Development Director
Approved by:
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Brian Loventhal, City Manager
Request for Proposal (RFP) for Rent Dispute and Mediation Services Page 4 of 4 Attachment:
a. Draft Resolution (Rent Dispute Mediation Services RFP) 14 Packet Pg. 122

RESOLUTION NO. ______________

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

AUTHORIZING ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR

SERVICE PROVIDER SERVICES TO SUPPORT HOUSING DIVISION WITH RENT

DISPUTE AND MEDIATION SERVICES AND AUTHORIZES THE CITY MANAGER

TO APPROVE, NEGOTIATE AND EXECUTE A CONTRACT WITH THE SELECTED

SERVICE PROVIDER FOR A TWO YEAR TERM IN AN AMOUNT NOT TO EXCEED $126,000.

WHEREAS, the adopted General Plan and Housing Element have committed to furthering fair housing practices in Campbell by assisting tenants and landlords within the city in settling disputes or issues related to Rental Increase Dispute Resolution Ordinances; and

WHEREAS, the City seeks the special services in rental dispute and mediation matters from persons specially trained, experienced and competent to perform the special services required;

WHEREAS, the City has recognized the need for special service provider assistance in performing services which may require confidentiality and case sensitive review and analysis of landlord and tenant issues as existing department staff due not possess the required technical certifications to conduct the review or analysis of tenant and landlord issues; and

WHEREAS, $126,000 will need to b e encumbered during the two -year contract term from FY 2024 thru FY 2025; and

WHEREAS, the City Council has reviewed and accepted the draft RFP and found it to include the appropriate tasks needed to assist the Community Development Department’s Housing Division to provide rent dispute and mediation services for the benefit of the community; and

WHEREAS, the City Council has reviewed and accepted the draft RF P and found it appropriate for the selection of a service provider to support department operations for a two-year term; and

WHEREAS, the City Council authorizes a total amount not to exceed $126,000 for a period of two years.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby authorizes distribution of a Request for Proposals (RFP) for service provider services to support Housing Division with rent dispute and mediation services and authorizes the City Manager, as set forth in Exhibit A, to approve, negotiate, and execute a contract with the selected service provider for a two year term in an amount not to exceed a combined total of $126,000 for the adopted contract.

PASSED AND ADOPTED this ____ day of May, 2023, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED: _____________________
Anne Bybee, Mayor
ATTEST: _________________________
Andrea Sanders, City Clerk

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Attachment: Draft Resolution (Rent Dispute Mediation Services RFP) (Request for Proposal (RFP) for Rent Dispute and Mediation Services)

REQUEST FOR PROPOSALS
(RFP)
[Rent Dispute & Mediation Services]
RFP Release Date
XXXX, 2023
Proposal Submittal Deadline
XXXX, 2023
5:00 PM
City of Campbell
Attn: City Clerk’s Office
70 North First Street
Campbell, CA 95008
(408) 866-2117
[email protected]
Exhibit A

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REQUEST FOR PROPOSALS
Rent Dispute & Mediation Services

The City is issuing this Request for Proposals (“RFP”) for Rent Dispute & Mediation Services to support the City with the following tasks (a) Information & Conciliation , (b) mediation, (C) recordkeeping, and (d) evaluation of the existing program . The City will prefer proposals which do not to exceed $63,000 per year.

Prospective service providers are solely responsible for ensuring proposals are received by the City on or before the submittal deadline. Proposals must be received via email no later than XXXXXX , 2023 at 5:00 PM by the City Clerk’s Office at [email protected].

Submit an electronic signed copy of the Consultant ’s formal proposal submittal including fee proposal in PDF file format with file titled as follows: RFP Project Name – Consultant Name.

Failure to comply with the requirements set forth in this RFP may result in disqualification. Proposals and/or modifications received after the hour and date specified above will not be accepted. Submitted proposals may be withdrawn at any time prior to the submission time specified in this RFP, provided notification is received in writing before the submittal deadline. No handwritten notations or corrections will be allowed. The responding Consultant is solely responsible for all costs related to the preparation of the proposal.

The City reserves the right to reject all proposals and to waive any minor informalities or irregularities contained in any proposal. Acceptance of any proposal submitted pursuant to this RFP shall not constitute any implied intent to enter a contract.

The executed contract, if any, will be made with the service provider who, in the City’s sole discretion, is best able to perform the required services in a manner most beneficial to the City. Please submit all inquiries to the Community Development Department’s Administrative Analyst , Ken Ramirez, at [email protected] by the Request for Clarifications due date listed below.

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

RFP Issued May 19
Bidder’s Conference May 29
Proposal Submittal Deadline June 9
Proposal Evaluations by Campbell Completed June 23
In person / video Interviews (conducted at City’s discretion) Week of June 26 Contract Executed by City Manager July 7

Background

The City of Campbell is in the West Valley area of Santa Clara County and encompasses 6.35 square miles. The City was founded in 1887 and incorporated in 1952 as a general law city. As of May 2021, the City’s population was 42, 221. Campbell operates under a Coun cil/Manager form of government and is organized into six departments - City Administration, Recreation and Community Services, Finance, Community Development, Police, and Public Works. Fire services are provided by contract with the Santa Clara County Fire Department. The City provides library, animal control,

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solid waste collection and recycling , and storm water management services via Joint Powers Agreements (JPA’s).

Objective

The intent of this Request for Proposals i s to select a service provider to provide Rent Dispute & Mediation services as part of the City of Campbell’s existing Rent Dispute Mediation Program. The Rent Dispute & Mediation Services program is a free and confidential service that helps tenants and landlords resolve disputes in a controlled environment. The program is staffed by experienced mediators who are trained in conflict resolution. The mediators help the parties to understand each other's perspectives, identify the issues at stake, and develop creative solutions that meet the needs of both parties. The program is committed to helping tenants and landlords maintain a positive relationship.

The City will make available any and all materials and data at their disposal to support data gathering and research required in the RFP.

The City is looking to contract with a service provider that can help provide mediation services for tenants and landlords within the City of Campbell to help people come together to talk about and potentially solve disputes in a controlled environment.

The Goals of the Rent Dispute Medication program

• Provide information on the California Rules and Regulations pertaining to Landlord/Tenant rights and responsibilities to parties in a residential housing situation. • Offer mediation services to landlords, Tenants, Roommates and Neighbors regarding disputes pertaining to residential rental housing.
• Prevention of Homelessness, by settling rental housing disputes out of court through

The scope of work outlined below illustrates the specific services requested.

Scope of Services
Project tasks shall include, but are not necessarily limited to, the following described below.

Bidder’s Conference

Please note a meeting will be held on May 29 , 2023, at 11AM to answer any questions prospective agencies or firms may have about the RFP process. The City will provide answers to the questions received following the Conference. No further questions will be taken after this meeting. If you wish to participate in the Bidder’s Conference, please email Ken Ramirez at [email protected] and a link to the Zoom meeting will be sent to you.

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If the firm believes additional tasks are warranted, they must be clearly identified in the service proposal. Service providers responding to this RFP shall be prepared to begin services no later than August 1, 2023. The project consists of furnishing all labor, materials, supervision, and travel necessary to complete the tasks outlined below.

The Rent Dispute Mediation Program is a free and confidential service that helps tenants and landlords resolve disputes related to rent. The program is voluntary and neutral, and it is committed to helping both parties reach a mutually agreeable solution. The program is available to tenants and landlords who are experiencing disp utes such as late rent payments, rent increases, repairs, and evictions. The mediators are trained in conflict resolution and will help the parties to understand each other's perspectives, identify the issues at stake, and develop creative solutions that m eet the needs of both parties. The program is committed to helping tenants and landlords maintain a positive relationship.

The service provider selected would perform the following services under the direction of the City Manager or designee:

Information & Conciliation: To provide information and assistance to tenants and landlords regarding their rights and responsibilities under the City's Rental Increase Dispute Resolution Ordinance.
• Develop and distribute information materials about the ordinance to tenants and landlords. • Create and maintain a website with information about the ordinance. • Answer questions from tenants and landlords about the ordinance. • Attempt to conciliate disputes between tenants and landlords before they escalate to mediation.
• Community Outreach Component:
o Develop and implement a community outreach plan to educate tenants and landlords about the ordinance and the mediation services available. o The plan should include a variety of outreach methods, such as:
▪ Public meetings
▪ One-on-one counseling
▪ Educational materials
▪ Social media campaigns
o The goal of the community outreach component is to ensure that all tenants and landlords are aware of their rights and responsibilities under the ordinance and the mediation services available.

Mediation: To provide mediation services to tenants and landlords who are unable to resolve their disputes through conciliation.

• Schedule and conduct mediation sessions between tenants and landlords. • Facilitate a confidential and neutral discussion between the parties in an effort to reach a mutually agreeable resolution.
• Document the outcome of each mediation session.

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Recordkeeping: To ensure that the City has a record of all mediations conducted, the issues discussed, and the outcome of each mediation.
• Create and maintain a database of all mediations conducted. • Document the names of the parties involved, the date and time of the mediation, the issues discussed, and the outcome of the mediation.
• Keep all mediation records confidential.

Evaluation: To evaluate the effectiveness of the mediation program and identify program deficiencies and areas of improvement.
• Collect data on the number of mediations conducted, the number of disputes resolved, and the satisfaction of the parties involved.
• Analyze the data to identify trends and areas for improvement. • Develop recommendations for improving the mediation program.

The City of Campbell expects the selected service provider to complete all deliverables within six months of the start date of the contract. The City will provide the service provider with the necessary resources and support to complete the project.

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

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

Right to Cancel and Amend
The City reserves the right to cancel, for any or no reason, in part or in its entirety, this RFP, including but not limited to selection schedule, submittal date, and submittal requirements.

If the City cancels or revises the RFP, all Consultants will be notified in writing.

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

Conflict of Interest
Selected consultant covenants that the company, its officers, employees and/or agents presently have no interest, and shall not acquire any interest, direct or indirect, financial or

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otherwise, which would conflict in any manner or degree with the performance of the services requested herein by the City. Consultant further covenants that, in the performance of any contract or agreement resulting from this RFP, no subcontractor or person having such an interest shall be employed. Consultant certifies that to the best of Consultant’s knowledge, no one who has or will have any financial interest under any contract or agreement resulting from this RFP is an officer or employee of the City.

Release of Public Information
Service providers who respond to this RFP who wish to release information to the public regarding selection, contract award or data provided by the City must receive prior written approval from the City before disclosing such information to the public.

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

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

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

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

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

Right to Audit

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

RFP Deliverables

The service provider shall be responsible for preparing an effective, clear, and concise proposal.

The City is requesting an electronic copy of the proposal in PDF format emailed to [email protected] The proposal shall be organized by clearly labeled sections. Proposals must contain at a minimum the following information:

1. Format for Proposal: To facilitate the review of responses, all responses are required to adhere to the following requirements regarding their proposal. The City strongly encourages respondents to ensure that RFP submissions are succinct and clearly organized.

If the proposal is not in this format or does not include all the listed items, it may be deemed nonresponsive. For ease of handling, all responses are to be provided in a standard 8 ½” x 11” portrait layout in PDF format.

a. Title Page showing the request for proposals subject; the firm’s name; the name, address, email address and telephone number of the contact person; and the date of the proposal.

b. Table of Contents identifying the submitted materials by section and page number.

c. Detailed Proposal following the order as set forth below and clearly label each section.

2. Letter of Interest: Please provide a letter expressing the Consultant’s interest which includes:
a. A statement describing why your firm is qualified to provide the services and perform the work required in a responsive manner.
b. A description of the anticipated interaction between the Consultant and City staff. c. Identification of the Project Manager and main point of contact.

3. Project Understanding and Approach: Please include a statement demonstrating your understanding of the proposed scope of services. Economic development strategies and plans are comprehensive documents with specific recommendations and actions for improving and managing a community’s economy that need to be completed and implemented within specific time periods. Describe your approach to meeting these requirements in a timely and thorough manner while also containing costs. What processes, methodologies and technologies do you employ? Describe what information you would expect the City to supply.

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4. Relevant Experience: Please describe your organization’s past performance in providing similar services to other municipalities. Provide references from at least three (3) California municipalities that your firm is currently providing, or has provided within the last three (3) years. Address your firm’s record of meeting schedules and controlling costs.

5. Project Manager / Key Staff: Please include information about the specific relevant experience for the proposed Project Manager and all other applicable staff. Please submit resumes only for those individuals that will be assigned to the City of Campbell.

6. Conflict of Interest Statement: The firm shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract. Particular attention should be paid to compliance with Government Code section 1090. See “Conflict of Interest” on page 7 of this RFP for reference.

7. Comments on or Requested Changes to Contract: The City’s standard Consultant Services Agreement is included as Attachment 1 to this Request for Proposals. The proposing firm shall identify any objections to and/or request changes to the standard contract language in this section.

8. Fee Schedule: Include a fee schedule for all personnel assigned for this project.

Existing Information and Resources
The following documents and resources are provided to assist with the information gathering process following execution of the contract with the selected consultant:

Existing Information

• Current General Plan (Adopted 2001)
• Campbell Housing Services
• Draft General Plan 2040
• Housing Element - 4th HCD Draft and
Responses

Additional Resources

• CampbellCA.gov
• Board & Commissions
• General Plan Map
• General Plan Update Website
• City Council
• Community Demographics
• Community Development Department
• Finance Department
• Municipal Code
• City Manager’s Office

Term of Contract

The initial contract term shall commence upon execution of the contract by the City and shall be for a twelve (12) month period. The contract includes the option for two additional (6) six-month

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renewal periods in the event additional consulting services are requested by the City, for a total potential contract term of up to two (2) years.

Extension of Contract

At the end of the initial twelve (12) month term, the City of Campbell, at its sole discretion may elect to extend the contract for two (2) additional six-month terms. The City may extend the contract for a total of one year, pending additional services are requested by the City and satisfactory performance under the original contract. Contractual costs shall be equal to the June-to-June San Francisco-Oakland-San Jose Consumer Price Index-All Urban (CPI) in an amount not to exceed five percent (5%) but not lower than three percent (3%), upon execution of each contract renewal.

Evaluation of Proposals and Selection Process

Evaluation of the proposals will be made by City Council Members, the City Manager, Community Development Director, Finance Director and Economic Development Specialist and other City staff as deemed appropriate by the City Manager or designee. This evaluation team, in accordance with the criteria listed below, will evaluate all proposals received as specified. The City team members, in applying the major criteria to the proposals, may consider additional criteria beyond those listed.

During the evaluation period, the team may elect to interview some or all of the proposing firms.

The final selection will be the firm which, in the City’s opinion, is the most responsive and responsible, meets the City’s requirements in providing this service, and is in the City's best interest.

The City maintains the sole and exclusive right to evaluate the merits of the proposals received.

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

No. Written Evaluation Criteria Point Value
1 Completeness of Response Pass/Fail
2 Qualifications & Experience 30
3 Organization & Approach 20
4 Scope of Services to be Provided 20
5 References 25
6 Local Presence 5
7 Conflict of Interest Statement Pass/Fail
Subtotal: 100

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ATTACHMENT 1

CITY OF CAMPBELL

CONSULTANT SERVICES AGREEMENT

This Agreement is entered into at Campbell, California on the day of , 2023, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and (hereinafter referred to as "Consultant").

WHEREAS, City desires to obtain a service provider to provide special services in rental dispute and mediation matters from persons specially trained, experienced and competent to perform the special services required for a cost not to exceed $126,000; and

WHEREAS, Consultant represents that it has the expertise, means, and ability to provide, evaluate and keep detailed records throughout the duration of the contract agreement;

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 Services1, attached hereto and incorporated herein by reference, and which shall be interpreted together and in harmony with this Agreement. In the event of any conflict between Exhibit A and this Agreement, this Agreement shall govern, control, and take precedence.

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

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

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

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

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

1 Scope of Services, project schedule and consultant fee schedule to be included in Exhibit A following consultant selection

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

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

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

1.10 The designated project manager for Consultant shall be .

The Consultant’s project manager shall have all the necessary authority to direct technical and professional work with in 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 rega rding changes in services, termination and other matters related to the performance of this agreement on behalf of Consultant.

1.11 The Consultant (and its employees, agents, representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as officers or officials or employees or agents of the City. The City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Consultant meet specific standards consistent with the requirements of this Agreement without regard to the manner and means of accomplishment thereof. Subcontractors shall assume all of the rights, obligations and liabilities, applicable to it as an independent contractor hereunder. Consultant represents and warrants that it (i) is fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agre ement.

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 ot hers under Consultant’s supervision or control was misclassified.

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

2. DUTIES OF CITY

2.1 City shall furnish to Consultant all available and pertinent data and information requested by Consultant to facilitate the preparation of the documents called for in this Agreement.

Consultant shall be entitled to reasonably rely on accuracy and completeness of such information,

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provided that Consultant shall provide City prompt written notice of any known defects in such data and information.

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

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

3. COMPENSATION

3.1 For the full performance of the services described herein by Consultant, City agrees to compensate Consultant for all services and direct costs associated with the performance of the project in an amount not to exceed $126,000, as follows:

a. Once each month, Consultant shall submit for payment by City, an itemized invoice for services performed during the previous billing period. The invoice shall describe the services rendered and the title of the item of work and shall list labor hours by personnel classification. Said invoice shall be based on all labor and direct expense charges made for work performed on the project. Labor charges shall be in accordance with the fee schedule found in Exhibit A of this Agreement. City shall pay Consultant for services rendered and approved by the City within 30 days from the date the itemized invoice is received by the City, subject to the maximum not to exceed amount specified above and the City’s right to object.

b. Direct costs are those outside costs incurred on or directly for the project and substantiated with invoices for the charges. Direct expenses include printing, reproduction, and delivery charges.

3.2 If Consultant incurs other costs which are not specifically covered by the terms of this Agreement, but which are necessary for performance of Consultant’s duties, City may approve payment for said costs if authorized in writing by the City in advance.

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

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

3.5 Consultant agrees that the payments to Consultant specified in this Article 3 (Compensation) will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regardi ng 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 s ubcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Campbell, its officers, officials, directors, agents’ representatives, volunteers, and employees as additional insureds. Any modification to the in surance 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, 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 drawi ngs, 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 and all project-related documents and materials including draft 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 or applicable laws. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Consultant shall promptly provide to the City upon request, all finished and unfinished project-related documents and materials, produced or gathered

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by or on behalf of Consultant that are in Consultant’s possession, custody or control. Consultant may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City’s right to promptly receive and use such documents and materials which are the sole and exclusive property of the City.

6. TERMINATION

6.1 Notwithstanding any other provision of this Agreement, City may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to Consultant not less than 14 calendar days prior to an effective termination date. In the event of such termination, Consultant shall have the right and obligation to immediately assemble the work then in progress for the purpose of completing the work and turning over all materials and documents to City.

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

6.3 Upon notice of termination by City, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the pric es 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 Consu ltant 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, organizational affiliation, military or veteran status, or

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any other consideration made unlawful by local, State or Federal law, of any employee of, or applicant for employment with, such Consultant or subcontractor. City requires Consultant to comply with all applicable Federal and State and local equal employmen t opportunity laws and regulations.

9. INSURANCE AND INDEMNIFICATION

9.1 With respect to any 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 consultant under this paragraph shall not exceed the consultant 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 consultant shall meet and confer with the other parties regarding unpaid defense costs in good faith effort to agree on the allocation of those costs amongst the parties; and

b. Where a project-specific general liability policy ensures all project participants for general liability exposures on a primary basis and also covers all consultant for their legal liability arising out of their professional services on a primary basis, then there shall be no limitation on the consultant '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.

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

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

A. Types of Coverage

The policies shall afford the following types of coverage:

1. Commercial General Liability;

2. Automotive;

3. Workers’ Compensation and Employer Liability; and

4. Professional Liability and/or Errors and Omissions

B. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

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

C. Minimum Limits of Insurance

Consultant shall maintain limits no less than:

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

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bodily, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

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

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

The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (as agreed to in this Agreement) before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured.

D. Deductible and Self-Insured Retention

Any deductibles or self -insured retention must be declared to and approved by the City and shall not reduce the limits of liability. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City, its agents, officers, attorneys, employees, officials and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses related to investigations, claim administration, and defense expenses. Policies containing any self-insured retention provision shall provide or be endorsed to provide that the self- insured retention may be satisfied by either the named insured or the City.

E. Other Insurance Provisions

The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverage:

a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be covered as additional insureds as respects: liability arising out of this Agreement performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. It is a requirement of this Agreement that any available insurance proceeds broader

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

b. The Consultant's insurance coverage shall be primary insuran ce as respects the City, its agents, officers, attorneys, employees, officials and volunteers.

Any insurance or self -insurance maintained by the City, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its agents, officers, attorneys, employees, officials, and volunteers.

d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

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

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

F. Suspension or Cancellation

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

G. Subcontractors

Consultant agrees that any and all contracts with subcontractors for performance of any matter under this Agreement shall require the subcontractors to comply with the same indemnity and insurance requirements set forth in this Agreement to the extent that they apply to the scop e of the subcontractors’ work. Subcontractors are to be bound to contractor and to City in the same manner

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and to the same extent as the Consultant is bound to City under this Agreement. Subcontractors shall further agree to include these same provisions with any sub -subcontractor. A copy of this Agreement will be furnished to the subcontractor on request. The Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work and will provide proof of compliance to the City.

H. Acceptability of Insurers

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

I. Verification of Coverage

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

J. Special Risks/Circumstances

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

10. MISCELLANEOUS

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

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

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

10.4 Neither party’s waiver of any term, condition or covenant, or breach of any term, condition or covenant shall be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant.

10.5 This Agreement contains the entire Agreement between City and Consultant relating to the project and the provision of services to the project. Any prior agreements,

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promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Consultant.

10.6 If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on City and Consultant.

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

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

10.9 The initial contract term shall commence upon execution of the contract by the City and shall be for a two (2) month period, unless terminated sooner in accordance with the contract.

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

10.10 Consultant owes the City a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or participating in activities that conflict with the City’s interests in respect to the work and/or services and project. The Consultant shall list current clients who may have a financial interest in the outcome of this Agreement. The Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that woul d conflict with the performance of services under this agreement. Consultant shall not make or participate in making or in any way attempt to use Consultant’s position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a direct or indirect financial interest other than the compensation promised by this Agreement. Consultant will immediately advise the City if Consultant learns of a financial interest of Consultant's during the term of this Agreement.

10.11 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 b est 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

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

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

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

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

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

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

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

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

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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: _________________________________
Attention: _________________________

[SIGNATURES ON FOLLOWING PAGE]

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

CONSULTANT

By

CITY OF CAMPBELL

By

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Approved as to Form

City Attorney

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City
Council
Report

TITLE: Authorize Issuance of Affordable Housing Nexus Studies RFP (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution authorizing the Community Development Director to issue a Request for Proposals for preparation of Affordable Housing nexus studies and authorize the City Manager to execute a service contract with the most responsive bidder.

BACKGROUND

On April 18, 2023, the City Council adopted the City’s 6 th Cycle Housing Element that identifies how the city will provide for housing and affordable housing over the next eight years, meeting the city’s assigned Regional Housing Needs Allocation (RHNA).

The Housing Element id entifies programs to modify the City’s Inclusionary Housing Ordinance and establish a Commercial Linkage Fee as follows:

Program H -1a: Inclusionary Housing Ordinance Implementation : Amend the Inclusionary Housing Ordinance to offer developers a menu of o ptions for achieving affordability, adjusting the percentage of units required to be affordable depending on the degree of affordability achieved (i.e., moderate -, low-, very low-, and extremely low income). These amendments could also include:
• Initiating a nexus study to reevaluate increasing the affordable housing in -lieu fee.
• Updating the inclusionary ordinance to require for -sale projects to provide the same allocation of units available to lower -income and very low -income units that is required for rental projects.”
• Modifying the In -Lieu Fee threshold to apply only to developments of 5 -9 units.

Housing developments of 10 or more units would not be allowed to substitute affordable units with in-lieu fees

Program H-1b: Commercial Linkage Fee: Establish an affordable housing impact fee that will apply to nonresidential development to provide an additional local source of revenue to support production of affordable housing.

Item: 15
Category: CONSENT CALENDAR
Meeting Date: May 16, 2023
15 Packet Pg. 148
Affordable Housing Nexus Studies RFP Page 2 of 3
The Housing Element identifies that nexus studies supporting the preparation of t hese ordinance amendments and fees will be completed by the end of December 2023. The nexus studies are required to document the City’s legal right (“nexus”) to require affordable housing or the payment of affordable housing fees. The current FY 2023 Budget identifies an allocation of $15 0,000 in the Community Development Department Budget for the preparation of the nexus studies.

Starting in the fall of 2023, city staff began discussing the city’s need for a nexus study within Santa Clara County Plan ning Collaborative, which serve s under the oversight of the Cities Association to provide shared housing policy support services to all member cities. City staff discussed with the Planning Collaborative representatives and other city staff the opportunit y to conduct a “grand nexus” study where multiple jurisdictions would use one consultant to prepare the nexus studies to gether to achieve economies of scale in cost.

However, based on these discussions, it appears the timing to coordinate and conduct a “grand nexus” study will take more than one year going forward. As the city’s need to consider amendments to the Inclusionary Housing Ordinance and establish Commercial Linkage fees is on a shorter timeframe , staff is proposing to now move forward independent of a grand nexus study to save time.

Staff requests the Council adopt a Resolution (Attachment A) to authorize the issuance of the Request for Proposal (Attachment B) to obtain consulting services for preparation of nexus studies concerning the I nclusionary Housing Ordinance amendments and Commercial Linkage fees.

DISCUSSION

The Community Development Department is seeking proposals from qualified firms to prepare nexus studies to support amendments to the City’s Inclusionary Housing Ordinance and potential adoption of Commercial Linkage fees. Based on initial research, staff has identified that there are several consulting firms available that that can conduct the required work. The timeline goals for the work would be to complete the nex us studies by the end of this calendar year consistent with the timeframe outlined in the Housing Element.

FISCAL IMPACT

The Community Development Department currently has allocated within its FY 2023 Budget $150,000 to support the preparation of these nexus studies. This is shown in the Housing Fund and account 233.557.7430.

ALTERNATIVES

1. Do not authorize the issuance of the RFP As an alternative, the City could wait and join the potential grand nexus studies as part of the planning collaborative, however 15 Packet Pg. 149
Affordable Housing Nexus Studies RFP Page 3 of 3
staff estimates this approach would only result in a minimal reduction in cost but result and a longer delay to complete the work.

2. Modify the RFP as presented.

3. Provide other direction to staff.

Prepared by:

Rob Eastwood, Community Development
Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Draft Resolution
b. Request for Proposals - Affordable Housing and Commercial Linkage Nexus Study 15 Packet Pg. 150
RESOLUTION NO. ______________

RESOLUTION OF THE CITY COUNCIL OF TH E CITY OF CAMPBELL

AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO ISSUE A

REQUEST FOR PROPOSALS (RFP) FOR PREPARATION OF AFFORDABLE

HOUSING NEXUS STUDIES AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACT WITH THE SELECTED SERVICE PROVIDER IN AN AMOUNT NOT TO EXCEED $150,000.

WHEREAS, on April 18, 2023, the City Council adopted the City’s 6 th Cycle Housing Element; and

WHEREAS, the 6th Cycle Housing Element identifies programs to modify the City’s Inclusionary Housing Ordinance and establish a Commercial Linkage Fee as follows:

Program H -1a: Inclusionary Housing Ordinance Implementation : Amend the Inclusionary Housing Ordinance to offer developers a menu of options for achieving affordability, adjusting the percentage of units required to be affordable depending on the degree of affordability achieved (i.e., moderate -, low-, very low -, and extremely low income). These amendments could also include:
• Initiating a nexus study to reevaluate increasing the affordable housing in-lieu fee. • Updating the inclusionary ordinance to require for-sale projects to provide the same allocation of units available to lower -income and very low -income units that is required for rental projects.”
• Modifying the In -Lieu Fee threshold to apply only to developments of 5 -9 units.

Housing developments of 10 or more units would not be allowed to substitute affordable units with in-lieu fees.

Program H-1b: Commercial Linkage Fee: Establish an affordable housing impact fee that will apply to nonresidential development to provide an additional local source of revenue to support production of affordable housing.

; and

WHEREAS, the 6 th Cycle Housing Element identifies that nexus studies supporting the preparation of these ordinance amendments and fees will be completed by the end of December 2023; and

WHEREAS, nexus studies are required to document the City’s legal right (“nexus”) to require affordable housing or the payment of affordable housing fees; and

WHEREAS, the City Council has reviewed and accept ed the draft RFP and found it to include the appropriate tasks needed to assist the Community Development Department in preparing the nexus studies required by the 6th Cycle Housing Element; and

WHEREAS, the current FY 2023 Budget identifies an allocation of $150,000 in the Community Development Department Budget for the preparation of nexus studies.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby authorizes the Community Development Director to issue a Request for Proposals (RFP) for preparation of an affordable housing nexus studies and authorizing the City Manager to execute a contract with the selected service provider in an amount not to exceed a combined total of $150,000.

PASSED AND ADOPTED this ____ day of ____, 2023, by the following roll call vote:

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AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

_____________________
Anne Bybee, Mayor
ATTEST:

_________________________
Andrea Sanders, City Clerk

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REQUEST FOR PROPOSALS

Affordable Housing & Commercial Linkage Fees Nexus Study

May 17, 2023

City of Campbell
Community Development Department
70 N. First Street
Campbell, CA 95008

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Attachment: Request for Proposals - Affordable Housing and Commercial Linkage Nexus Study (Affordable Housing Nexus Studies RFP)

Table of Contents

Overview ......................................................................................................................................... 3 Preliminary Scope of Work ............................................................................................................ 4 Project Approach ........................................................................................................................ 4 Staff Coordination ....................................................................................................................... 4 Meeting Attendance .................................................................................................................... 4 Key Deliverables ......................................................................................................................... 4 Tasks ........................................................................................................................................... 5 Project Funding ............................................................................................................................... 6 Desired Qualifications .................................................................................................................... 6 Submittal Information ..................................................................................................................... 7 Minimum Eligibility Requirements ............................................................................................ 7 Submittal Requirements .............................................................................................................. 7 Submittal Deadline and Instructions ........................................................................................... 9 Consultant Selection Process .......................................................................................................... 9 Short List Selection Process.................................................................................................... 9 Finalists Invited for Interview ................................................................................................. 9 Selection Criteria .................................................................................................................. 10 Rights to Submitted Materials ...................................................................................................... 11 Grounds for Disqualification ........................................................................................................ 11 Additional Information ................................................................................................................. 11 Project Schedule............................................................................................................................ 13 Insurance Requirements ................................................................................................................ 14

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Overview

The City of Campbell is a city in Santa Clara County with a n area of 6 square -miles and a population of approximately 43,000 residents . As is true with most California cities, housing demand is higher than supply, resulting in an extremely high cost of living.

On April 18, 2023 , the City of Campbell became the first city in Santa Clara County with an adopted Housing Element found to be in substantial compliance with statutory requirements by the California Department of Housing and Community Development (HCD). The Housing Element responds to current and near -term future housing needs in Campbell and provide s a framework for the community’s longer-term approach to addressing housing needs.

As part of the Housing Element, two programs were included to assess the impact of new housing and commercial development on housing affordability in the city with the aim o f establishing appropriate fees to offset those impacts that would be used to support the production and retention of affordable housing. A summary of these programs from the Housing Element is as follows:

Program H-1a: Inclusionary Housing Ordinance Implementation: Amend the Inclusionary Housing Ordinance to offer developers a menu of options for achieving affordability, adjusting the percentage of units required to be affordable depending on the degree of affordability achieved (i.e., moderate-, low-, very low-, and extremely low income). These amendments could also include:
• Initiating a nexus study to reevaluate increasing the affordable housing in-lieu fee. • Updating the inclusionary ordinance to require for-sale projects to provide the same allocation of units available to lower-income and very low-income units that is required for rental projects.”
• Modifying the In-Lieu Fee threshold to apply only to developments of 5 -9 units. Housing developments of 10 or more units would not be allowed to substitute affordable units with in-lieu fees.

Program H-1b: Commercial Linkage Fee: Establish an affordable housing impact fee that will apply to nonresidential development to provide an additional local source of revenue to support production of affordable housing.

To undertake this effort, the city seeks to hire a consultant experienc ed with the independent preparation of affordable housing nexus fee studies consistent with the requirements of State and Federal law and reporting and presenting the basis and methodology for establishment of a fee and conclusions to a local decision -making body (i.e., City Council). In performing these services, time will be of the essence with completion of services within the calendar year as outlined in the preliminary scope of work.

For ease of reference, a link to a recent Affordable Housing Nexus Study (August 2016) prepared for the City of Campbell may be found online as follows:
https://www.campbellca.gov/751/Campbell-Nexus-Study

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Preliminary Scope of Work

The following preliminary scope of work is presented as an initial outline to help the consultants gauge the minimum level of work requested and to submit a realistic project proposal. If the consultant identifi es opportunities to improve the required scope of work leading to improved outcome(s), the consultant is encouraged to submit proposals for alternative options.

Project Approach
• Determine if the preliminary scope of work includes the steps necessary to prepare nexus fee studies as broadly described in the ‘Overview’. You are encouraged to include additional steps and options so long as it may result in an improved outcome. • Review the preliminary project schedule and amend it, if it is deter mined that a revised schedule may achieve an improved and/or faster outcome.

Staff Coordination
• Facilitate bi-weekly conference calls (~30 min between the City and Consultant Project Manager).

Project Management
• Should subconsultants be utilized, the prime consultant shall manage and review the subconsultant work product prior to City staff review.

Meeting Attendance
• Attend one (1) kick-off meeting with staff.
• Plan to facilitate two (2) stakeholder meetings.
o One (1) focused on housing development.
o One (1) focused on non-residential development.
• Prepare to actively participate in one (1) City Council meetings. The consultant shall plan to attend, present, and prepare materials for up to two (2) additional meetings as an optional task.

The cost for each meeting should be priced individually.

Key Deliverables
• Kick-Off Meeting Agenda
• Community Outreach Plan
• Stakeholder Engagement/Workshop Materials

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• Benchmark Analysis
• Nexus Study

Note: All work products noted shall be provided in Word and PDF format.

Tasks1

A. Project Kick Off. Consultant will prepare a meeting agenda and attend a kickoff meeting with City staff to discuss expectations, general goals, resources, and schedule for the project. ✓ Deliverable: Kick-Off Meeting Agenda
✓ Deliverable: Detailed meeting notes (to follow meeting).

B. Community Outreach Plan Preparation. Following the project kick-off meeting, consultant shall schedule a meeting with City staff to discuss the approach to stakeholder engagement/participation.
✓ Deliverable: Community/Stakeholder Outreach and Engagement Plan C. Benchmark Analysis. Consultant will prepare a benchmark analysis of development fees of similar California cities related to the construction of housing and commercial development.

This assessment does not need to include fees related to the review and processing of permit applications but should account for all development impact fees collected by the local jurisdiction (i.e., special taxes, art fees, etc.).
✓ Deliverable: Benchmark Analysis
D. Facilitate Stakeholder Meeting #1 (Housing Development Fees). Consultant will participate in a community meeting which will serve to:

1. Educate stakeholders on the purpose of the nexus fee study and initial results of the benchmark analysis.

2. Solicit feedback from the stakeholders on the development of impact fees for the community.
✓ Deliverable: Attend a nd facilitate Stakeholder Meeting and prepare related presentation/informational materials
✓ Deliverable: Meeting summary
E. Facilitate Stakeholder Meeting # 2 (Non-Residential Development Fees) . Consultant will participate in a stakeholder meeting which will serve to:

1 In response to COVID-19, the consultant should be prepared for meetings to be held virtually, in-person, or in a hybrid (in-person and virtual) format.

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1. Educate stakeholders on the purpose of the update and initial results of the benchmark analysis.

2. Solicit feedback from the stakeholders on the development of impact fees for the community.
✓ Deliverable: Attend and facilitate Stakeholder Meeting and prepare related presentation/informational Materials
✓ Deliverable: Stakeholder Survey including project examples at densities being studied by the Housing Element and General Plan
✓ Deliverable: Meeting summary
F. Nexus Study. Consultant will prepare finalize a Nexus Study report summarizing the results of the benchmarking analysis, stakeholder feedback, assessment of impacts, conclusions on fees, and findings that meet State and Federal requirements for their establishment. The report shall include an executive summary of key recommendations and conclusions. Fees established by the Nexus Study need to be clear and objective (knowable by all parties without sub jective judgement by a public official) and designed to adapt to changes in market-conditions (i.e., have built in benchmarks that will be used to adjust the fees on a going forward basis once established). Further, the Nexus Study will need to assess the relative value of various housing types (rental vs. ownership) and form recommendations for thresholds where the payment of an in-lieu fee would of disproportionate benefit to the production of additional housing units (i.e., allowing the payment of in -lieu fees for a for -sale unit translates to substantively more rental units).
✓ Deliverable: Nexus Study
G. Attend & Present at City Council Meeting . Consultant will attend and present findings at a meeting with the City Council
✓ Deliverable: Attendance, preparation of presentation, and public speaking role

Project Funding

• Cost proposals that stay within the City’s allocated $150,000 for the scope of work are preferred.

Desired Qualifications

The ideal consulting firm would include the following disciplines and attributes:
• Experience: The firm should have experience in preparing affordable housing nexus studies, ideally in the same state and region where the study will be conducted.

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• Knowledge of affordable housing policies : The firm should have an understanding of local, state, and federal affordable housing policies, including inclusionary zoning, density bonuses, and other incentives.
• Understanding of market conditions : The firm should have knowledge of local market conditions, incl uding housing demand, supply, and affordability, as well as the economic landscape of the area.
• Expertise in quantitative analysis: The firm should have expertise in conducting quantitative analysis, including data collection, modeling, and statistical ana lysis with strong attention to detail and accuracy.
• Collaboration skills: The firm should have strong collaboration skills, as they will need to work with local stakeholders, including policymakers, housing advocates, developers, and community members.
• Communication skills: The firm should have excellent communication skills and be able to present complex data and analysis in a clear and understandable way to a variety of audiences. • Flexibility and adaptability: The firm should be able to adapt to changing circumstances and be flexible in their approach to the study as new information becomes available. • Ethical standards: The firm should adhere to the highest ethical standards and be committed to producing a fair and unbiased study that serves the best interests of the community.

Submittal Information

Minimum Eligibility Requirements

Eligible firms shall be those with experience in preparing and establishing housing development impact fees related to the major components of this Request for Proposals. Experience preparing nexus studies and impact fees for governmental jurisdictions in California is highly desired.

Submittal Requirements

Proposals must contain the following information listed in the following order:

1. Cover Letter. Please include a cover letter stating project interest which includes:
• A statement describing why your firm is qualified to complete the project and perform the work required in a responsive manner.
• A description of the anticipated interaction between consultant and City. • Identification of the project manager and main point of contact.

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2. Review of Preliminary Scope of Work. Review the preliminary scope of work and provide comments, suggested modifications, changes and/or additions as appropriate.

3. Review of Prelimi nary Project Schedule . Review the preliminary project schedule and provide comments, suggested modifications, changes and/or additions as appropriate.

Indicate resources that will be allocated to each major task to meet this schedule, and discuss your firm’s flexibility and record in “catching up” if milestone dates are not met. Discuss your firm’s commitments to other projects in the time frame coinciding with this project.

4. Qualifications and Capabilities . Provide a detailed discussion of the qual ifications and experience of the Project Manager that would be assigned to this project. Provide additional information regarding the qualifications and experience of all others that will be assigned to work on the project team. Please submit resumes of only those individuals that will actually be assigned to work on the project. Indicate how your firm’s resources will work together to complete this project. An organizational chart is recommended.

5. Subconsultants. Identify any subconsultants your firm will utilize to complete this project.

Briefly describe your firm’s past experience, working relationship and involvement in joint projects with these subconsultants. Provide additional information regarding the qualifications and experience of all others that will be assigned to work on the project team.

Please submit resumes of only those individuals that will actually be assigned to work on the project.

6. Related Project Experienc e. Describe your firm’s Project Manager’s past performance on similar projects, including coordinating the work of subconsultants. Provide locations, description of work, work samples or links to samples, completion dates, and value of contracts. Address your firm’s record of me eting schedules and controlling costs . Provide an explanation gauging how successful implementation of the referenced project experience has been in realizing the municipality’s goals.

7. Sample Products. Gaining an understanding of the products prepared by the consulting firm is important for the evaluation committee. Please provide PDF files on a memory stick (or internet links) to no more than three comparable documents prepared by the consulting firm.

8. Project Team Consistency. Explain how you can guarantee that the project team members will be accessible and able to complete the project without change.

9. References. Include names, email addresses and phone numbers for a minimum of three (3) references where you prepared similar products.

10. Fee Estimate. Submit a fee estimate for each task outlined in the preliminary Scope of Work.

Provide a breakdown of the fee for each task showing the estimated hours of each project staff member assigned to the task and the associated fee for that project staff member or subconsultant. Also provide hourly rate schedules for all key project staff, including subconsultants.

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11. Insurance Coverage. Identify carriers, A.M. Best ratings, ty pes and limits of insurance carried by your firm. Provide a statement verifying that your firm meets or will meet the insurance requirements.

12. Additional Information. Please provide a list of contracts/agreements terminated for convenience or default within the past three years, if any. List any litigation that now affects or may affect in the future the firm’s ability to perform.

Submittal Deadline and Instructions

The submittal should be prepared in 8 ½” x 11” page format using a 12-point font size for the text.

PDF files on a memory stick (or internet links) must also be submitted . Please do not submit information that must be returned.

Proposals must be received no later than 5:00 p.m., June 1 6, 202 3, and delivered to the City Clerk’s Office as follows:

City Clerk’s Office
City of Campbell
70 N. First Street,
Campbell, California 95008

Questions related to the Request for Proposals (RFP) must be submitted in writing and/or via email to [email protected].

Consultant Selection Process

Short List Selection Process

A review committee will evaluate all responses to the Request for Proposals that meet the submittal requirements and the submittal deadline. Those submittals that do not meet the submittal requirements or the deadline will not be considered.

A preliminary ranking of consultant firms will be developed based on a review of each respective applicant’s Proposal. Based on this ranking, a short list of consultants will be established, and contacted in writing for interviews.

Finalists Invited for Interview

One interview with each of the top-ranking firms will be held to establish the fina l ranking.

Approximately twenty (20) minutes will be allowed for presentations and no more than thirty (30) minutes for q uestions by the selection group . The consultant’s proposed Project Manager must lead the presentation.

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1. A selection group of city staff / decision makers will evaluate the finalists.

2. Presentations should focus on the consultant’s initial ideas for addressing the scope of work.

Other factors that should be discussed include the project team’s relevant experience, project approach, philosophy, and decision-making processes. The selection team may ask questions related to the proposed coordination and communication between the City and consultant and the consultant’s ability to complete projects on time and on budget.

3. Final ranking of consultants will be based on the submitted proposal, the interview, and the results of reference checks. The City will proceed with negotiating a contract with the highest- ranked consultant. If the City and the consultant cannot reach agreement in the negotiation, the City will terminate negotiation and, at its option, negotiate with the next highest ranked consultant.

4. Upon completion of negotiations, City staff will recommend approval of the agreement to the City Manager to formerly award the contract. The City’s consultant contract template is available upon request.

Selection Criteria

The following selection criteria will be used to rank both the Proposal and interview of the finalists.

1. Responsiveness to the issues identified in the RFP.

2. Familiarity with the challenges presented by the project.

3. Technical skills and expertise of the firm and their ability to manage a team of subconsultants to produce a complete and coordinated set of documents required by this project.

4. Relevant experience and demonstrated ability to complete a similar project in difficult communities.

5. Proven ability to complete all phases of a project within the budget and aggressive work schedule established by past clients.

6. Reputation for personal and professional integrity and competence, and key personnel’s professional background, caliber and availability for this project.

7. Qualifications and experience of proposed subconsultants identified for this project.

8. Experience of lead consultant and subconsultant working together as a team (if applicable).

9. Familiarity with and proximity to the City of Campbell.

10. Review of firm’s current, and project ed workload in the time frame coinciding with this project.

11. Ability to communicate clearly and concisely.

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Rights to Submitted Materials

All proposals and related correspondence, reports, charges, schedules, exhibits and other documentation submitted with the proposal will become the property of the City and a matter of public record. All documents submitted in response to this RFP will be subject to disclosure if requested by a member of the public. There are a very limited number of narrow exceptions t o these disclosure requirements. Any information that a prospective Consultant considers confidential, the disclosure of which would be an unwarranted invasion of personal privacy, should be submitted in a sealed envelope marked "CONFIDENTIAL; NOT PUBLIC RECORDS."

During the selection process, the City will keep such information confidential and will not disclose it except as may be required under applicable law, including the California Public Records Act.

This means that, depending on the nature or timi ng of the request, or future court decisions, that information may not remain private and may be publicly disclosed. Budgets and cost proposals submitted by proposers shall not be considered confidential or proprietary and may be subject to disclosure.

Grounds for Disqualification

City staff and officials are subject to several legal and policy limitations regarding receipt of gifts from persons, firms, or corporations either engaged in business with the Agency, or proposing to do business with the city. The offering of any gift shall be grounds to disqualify a Consultant. To avoid even the appearance of impropriety, Proponents and Selected Consultant should not offer any gifts or souvenirs, even of minimal value, to City officers or employees.

Additional Information

The City reserves the right to accept or reject any or all Request for Proposals, or to alter the selection process in any way, to postpone the selection process for its own convenience at any time, and to waive any defects in the Request f or Proposals. The City also reserves the right to accept or reject any individual subconsultant that a candidate proposes to use. This RFP and the interview process shall in no way be deemed to create a binding contract or agreement of any kind between the City and the candidate. The City’s standard form of consultant agreement will form the basis of the contract between the parties.

Each candidate submitting a proposal acknowledges and agrees that the preparation of all materials for submittal to the Ci ty and all presentations, related costs and travel expenses are at the candidate’s sole expense and the City shall not, under any circumstances, be responsible for any cost or expense incurred by the candidate. In addition, each candidate acknowledges and agrees

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that all documentation and/or materials submitted with the RFP shall remain the property of the City.

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Project Schedule

The project schedule has been conceptually prepared to provide opportunities to conduct meetings, and public hearing opportunities that will allow sufficient opportunity to conduct a public involved planning process.

5/16/23 City Council Meeting #1 (Approving RFP)2
May 17, 2023 Release of RFP2
June 16, 2023 Submittal Deadline 2
July 1, 2023 Consultant Interview/Selection/Contract (14-days)2 Start of Consultant Services
Early July 2023
Project Kick-Off Meeting
Community Outreach Plan Preparation
August 2023 Benchmark Analysis
Stakeholder Meeting #1
September 2023 Stakeholder Meeting #1 – Housing Development Fees Stakeholder Meeting #2 – Non-Residential Development Fees October 2023 Nexus Study Completed
November 2023 City Council Meeting

2 Dates in italics provided for reference only.

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Insurance Requirements

CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to properties, which may arise from, or in connection with, the performance of the work hereunder by the CONSULTANT, his agents, representatives, employees, or sub -consultants. The cost of such insurance shall be included in the CONSULTANT’s fee.

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office form number GL 0002 (Ed. 1/96) covering Commercial General Liability and Insurance Services Office form number GL 0404 covering Broad Form Commercial General Liability; or Insurance Services Office Commercial General Liability coverage (“occurrence” form CG 0001), including X, C, U (explosion, collapse, underground).

2. Insurance Services Office form number CA 0001 (Ed. 12/93) covering Automobile Liability, code 1 “any auto”, or code 2 “owned autos” and endorsement CA 0025.

Coverage also to include code 8 “hired autos” and code 9 “non owned” autos.

3. Workers’ Comp ensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

4. Errors and Omissions Liability insurance appropriate to the CONSULTANT’s profession.

B. Minimum Limits of Insurance

CONSULTANT shall maintain limits no less than:

1. Commercial General Liability: $ 2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the genera l aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

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3. Workers’ Compensation and Employers Liability: Workers’ Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

4. Errors and Omissions Liability: $1,000,000 per occurrence.

C. Deductibles and Self-Insured Retentions
Any deductibles of self-insured retentions must be declared to, and approved by, the CITY.

At the options of the CITY, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the CITY, its officials, employees, agents, and contractors; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses in an amount specified by 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 Coverages

a. The CITY, its officials, employees, agents, and contractors are to be covered as an additional insureds as respects: liability arising out of activities performed by, or on behalf of, CONSULTANT; products and completed operations of the CONSULTANT; premises owned, leased, or used by the CONSULTANT; or automobiles owned, leased, hired, or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officials, employees, agents, and contractors.

b. The CONSULTANT’s insurance coverage shall be the primary insurance as respects the CITY, its officials, employees, agents, and contractors. Any insurance or self -insurance maintained by the CITY, its officials, employees, agents, or contractors shall be excess of the CONSULTANT’s insurance shall not contribute with it.

c. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the CITY, its officials, employees, agents, or contractors.

d. Coverage shall state that CONSULTANT’s insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s ability.

2. All Coverages

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in limits except after thirty (30) days’ prior written notice has been given to the CITY.

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E. Acceptability of Insurers

Without limiting Consultant's indemnification provided hereunder, Consultant shall take out and maintain at all times during the life of this contract, up to the date of acceptance of the work by the City, the policies of insurance listed in Article 9.2 of this Agreement.

Insurance is to be issued by an issuer with a current A.M. Best Rating of A:VII and be authorized to transact business in the State of California, unless otherwise approved by the City.

F. Verification of Coverage

CONSULTANT shall furnish the CITY with certificates of insurance and with original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

Copies of all the required ENDORSEMENTS shall be attached to the CERTIFICATE OF INSURANCE, which shall be provided b y the CONSULTANT’s insurance company as evidence of the stipulated coverages. This proof of insurance shall then be mailed to:

CITY OF CAMPBELL
Community Development Department
70 North First Street
Campbell, CA 95008-1423

G. Subconsultants

CONSULTANT shall include all subconsultants as insureds under its policies or shall obtain separate certificates and endorsements for each subconsultant.

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City
Council
Report

TITLE: Adopt a Resolution Authorizing a Downtown Special Event Permit and Fee Waiver and Approving an Amendment to the Promissory Note with the Campbell Chamber of Co mmerce (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution (1) authorizing the issuance of a Downtown Special Event Permit to the Campbell Chamber of Commerce (2) authorizing a fee waiver for a not -to-exceed amount of $25,000 in permit fees, and (3) approving an amendment to the promissory note between the City of Campbell and the Campbell Chamber of Commerce for a decrease in permit fees due.

BACKGROUND

On April 10, 2023, the Campbell Chamber of Commerce (Chamber) ap plied to the City of Campbell (City) for a Downtown Special Event Permit (Permit) that would allow the Chamber to hold its Boogie Music Festival (Boogie) in Downtown Campbell from Saturday May 20, 2023 through Sunday May 21, 2023. The Chamber also request ed the City grant a fee waiver for the Permit to reduce the fees charged by the City .

Specifically, the Chamber requested the Permit fees not exceed $25,000. At that time, the total City cost for the Boogie event was estimated at approximately $65,000 (including application processing fees, fees for Public Works personnel to prepare the public right of way for the event, and fees for Police Department sworn personnel to staff the event).

The City’s Downtown Special Event Fee Waiver Policy allows for a waiver of 25% of these fees if the applicant:

• Provides “an itemized financial statement showing direct costs for event expenses and revenue for which the fee waiver is requested, and a profit or loss sheet for the previous operating year, comparing the p rojected budget with the actual budget showing the net profit or loss…”
• Has a “proposed budget on file, which projects a break -even or profitable event, when calculated using the fee waiver requested…”
• Provides documentation that the event will “generate l ess than $100,000 in net revenue (based on financial statements from the prior year’s event)…” and • Has “no outstanding debts payable to the City of Campbell...” Item: 16
Category: CONSENT CALENDAR
Meeting Date: May 16, 2023
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