Campbell City Council
September 19, 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 Services', 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 Council. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, September 19, 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

COMMUNICATIONS AND PETITIONS

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

COUNCIL ANNOUNCEMENTS

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

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

1. Minutes of City Council Executive Session Meeting of September 5, 2023 Recommended Action: Approve the executive session meeting minutes of September 5, 2023.

2. Minutes of City Council Regular Meeting of September 5, 2023 Recommended Action : Approve the regular meeting minutes of September 5, 2023.

3. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $3,315,677.75.

4. Resolution Approving an Agreement with Burr Plumbing to Provide Equipment and Labor Services, in an Amount Not to Exceed $290,180, for Completion of the Remaining Gas Line Repairs at the Campbell Community Center; Authorization for the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100; and Authorization for the Finance Director to Execute a Budget Adjustment in the Amount of $290,180 to Fund the Associated Improvements (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution: 1) approving an agreement with Burr Plumbing to provide equipment and labor services, in an amount not to exceed $290,180, for completion of the remaining gas line repairs at the Campbell Community Center; 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and 3) authorizing the Finance Director to execute a budget adjustment in the amount of $290,180 to fund the associated improvements.

5. Resolution Authorizing: 1) the Solicitation of Bids for Concrete Repair Services for the City’s Annual Sidewalk, Curb, and Gutter Improvements (No. 24-GG); 2) Approval to Award a Service Contract, in an Amount Not to Exceed $175,000, to the Lowest, Responsive Bidder for a Period of Up to One (1) Year, Plus Options for the City to Renew Up to Four (4) Additional One (1) Year Contracts, Not to Exceed $75,000 Per Year, for a Total of Up to Five (5) Years; and 3) the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing: 1) the solicitation of bids for concrete repair services for the City’s annual Sidewalk, Curb, and Gutter Improvements (No. 24- GG); 2) approval to award a service contract, in an amount not to exceed $175,000, to the lowest, responsive bidder, for a period of up to one (1) year, plus options for the City to renew up to four (4) additional one (1) year contracts, not to exceed $75,000 per year, for a total of up to five (5) years; and 3) the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

6. Resolution Approving a First Amendment to the Recycling and Waste Reduction Commission (RWRC) Memorandum of Agreement (MOA) Permitting Access to Teleconference Options as Specified in Section 54953(B) of the Ralph M. Brown Act; and Authorization for the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) approving a first amendment to the Recycling and Waste Reduction Commission (RWRC) Memorandum of Agreement (MOA) permitting access to teleconference options as specified in Section 54953(b) of the Ralph M. Brown Act; and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

7. Authorization to Submit County Climate Change Adaptation and Mitigation Grant Application (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the Community Development Director to submit a County Climate Change Adaptation and Mitigation Grant application for the Campbell Climate Action Plan.

8. Water Tower Lighting Request - Teal Foundation
Recommended Action: That the City Council approve the Teal Foundation's request to light the Campbell Water Tower teal on September 30 to support Ovarian Cancer Awareness Month and to raise awareness of the "Teal Run" on Sunday, October 1 at Campbell Park.

9. Accept Donation to Campbell Police Department from Medicare Drop, LLC (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing the City Manager to accept a donation of $10,000 from Medicare Drop, LLC for the Police Department and for the Finance Director to prepare an associated budget adjustment.

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

10. Continued Public Hearing to Consider a Resolution, as Directed by the City Council, Approving an Appeal and Overturning the Planning Commission’s Approval of a Variance to Allow Construction of a Single -Family Dwelling with an Attached Accessory Dwelling Unit with Substandard Front - and Street-Yard Setbacks. File No.: PLN-2022-101. (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution approving an appeal and overturning the Planning Commission’s approval of a Variance.

11. Public Hearing to Consider a City -Initiated Text Amendment to the Campbell Municipal Code by Adding Chapter 11.13 for Wireless Communication Facilities in the Public Right -Of-Way (Other Than Small

Cell Wireless Facilities); Amending Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right -Of- Way; and Adopting Resolutions to Adopt the Wireless Facility Permitting Guidelines and a Wireless Facility Fee Schedule
(Ordinances/Resolution/Roll Call Vote)
Recommended Action: That the City Council: (1) introduce for first reading ordinances adding Chapter 11.13 to the Campbell Municipal Code for Wireless Communication Facilities in the Public Right -of-Way (Other Than Small Cell Wireless Facilities); and amend Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right -of-Way; (2) adopt a resolution: (a) approving the Wireless Facility Permitting Guidelines and (b) authorizing the City Engineer to update the Wireless Facility P ermitting Guidelines at any time; and (3) adopt the attached resolution adopting a Fee Schedule for the City’s costs related to wireless communication facilities in the public right-of-way.

NEW BUSINESS

12. Approval of Downtown Campbell Business Association Special Event Permits (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving the issuance of a Special Event Permit to the Downtown Campbell Business Association for the Creepy Crawly Halloween event, the Carol of Lights event, and the Bunnies and Bonnets Parade, as described; waiving all fees associated with the three events; and authorizing a five- year term for each permit, subject to the findings and conditions of approval, as described.

13. Accepting a Priority Development Area (PDA) Grant from the Metropolitan Transportation Commission (MTC) to Fund the Development of the Hamilton Avenue Precise Plan, Approving a Master Funding Agreement, Authorizing the City Manager to Execute the Agreement and Related Supplements, Approving the Release of a Request for Proposals (RFP) for Related Consultant Services (PLN -2023-138), and Authorizing the Finance Director to Prepare Related Budget Adjustments (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution accepting a Priority Development Area (PDA) grant from the Metropolitan Transportation Commission (MTC) to fund the development of the Hamilton Avenue Precise Plan, approving a Master Funding Agreement, authorizing the City Manager to execute the agreement and related supplements, approving the release of a Request for Proposals (RFP) for related consultant services, and authorizing the Finance Director to approve related budget adjustments.

14. Approval of All Star Talent Agreement and Dispensing of Bidding Requirements as Specified in Campbell Municipal Code Section 3.20.030(7) (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving a one-year contract with All Star Talent and authorizing the City Manager to enter into a Professional Services Agreement and sign the one- year contract with All Star Talent, for the management of the Police Department's online recruitment

and marketing campaign, and dis pensing with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(4).

UNFINISHED BUSINESS

15. Award and Approve a Construction Contract with Lathrop Construction Associates, Inc. for the Measure O – Campbell Library Renovations Project (No. 23-SS) (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution to: 1) award the construction contract for the Measure O - Campbell Library Renovations Project (No. 23-SS) to the lowest responsible bidder, Lathro p Construction Associates, Inc.; 2) approve the construction contract in the amount of $18,189,000, plus a 10% construction contingency of $1,818,900; 3) authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section

3.20.100; and 4) authorize the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency.

COUNCIL COMMITTEE REPORTS

16. 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 MINUTES
City of Campbell, 70 N. First St., Campbell, California

CITY COUNCIL EXECUTIVE SESSION
Tuesday, September 5, 2023 – 6:15 PM
Doetsch Conference Room
70 N. First Street, Campbell, California

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

CALL TO ORDER

The City Council of the City of Campbell convened this day in the special meeting place, at Campbell City Hall, 70 N. First Street, Campbell California in the Council Chambers.

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
B. Litigation - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9)
Name of Case: HouseKeys Resource and Education Center, Inc. v. Garland Yee

C. Real Property - Pursuant to GC Section 54956.8 Conference with Real Property Negotiators Campbell Community Center, One W. Campbell Avenue, Campbell, CA 95008
City Negotiator: City Manager, Brian Loventhal
Negotiating Parties: SAGE Academy
Under Negotiation: Lease Renewal, including price and terms of payment

D. Labor Negotiations

1 Packet Pg. 7
Minutes Acceptance: Minutes of Sep 5, 2023 6:15 PM (CONSENT CALENDAR) Minutes of September 5, 2023 City Council Executive Session Meeting Page 2 The City Council met in Executive Session to discuss Items B and C. City Manager Loventhal and City Attorney Seligmann were in attendance. Co mmunity Development Director Eastwood and Senior Planner Rose were in attendance for Item B. Recreation and Community Services Director Bissell was in attendance for Item C.

City Attorney Seligmann reported on the City Council ’s actions at the September 5, 2023 City Council Regular meeting stating the City Council unanimously voted to approve a Settlement Agreement in the case of HouseKeys Resource and Education Center vs. Garland Yee and direct the City Manager to sign the necessary documents to implement the settlement.

ADJOURN
Mayor Bybee adjourned the meeting at approximately 6:35 p.m.

APPROVED:

ATTEST:

Anne Bybee, Mayor
Andrea Sanders, City Clerk
1 Packet Pg. 8
Minutes Acceptance: Minutes of Sep 5, 2023 6:15 PM (CONSENT CALENDAR)

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

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, September 5, 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.campbellca.gov/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 the Chian family in recognition of their donation to the City of Campbell.

Mayor Bybee thanked them for their donation and presented them with a Certificate of Appreciation for leading the Pledge of Allegiance.

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Acceptance of Donation for AED Devices from the Chian Family (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution accepting the donation of $8,099.65, from the C hian family to be applied to the City's Automated External Defibrillator (AED) program and directing the Finance Director to prepare an associated budget adjustment.

Police Chief Berg spoke about last October’s event where Ryan Chian collapsed due to sudden cardiac arrest. Lifesaving efforts were administered including the use of the AED. In appreciation for saving their son’s life, the Chian family made 2 Packet Pg. 9
Minutes Acceptance: Minutes of Sep 5, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of September 5, 2023 City Council Meeting Page 2 a donation towards AED’s to the City to help continue to save the lives of those in our community.

Chief Berg spoke ab out the new AED technology and the ma jor impact it will have. He thanked the Chian family for their generous donation.

Councilmembers expressed their appreciation to the Chian family for their donation and their support to the community.

M/S: Landry/Furtado – That the City Coun cil adopt Resolution 13034 accepting the donation of $8,099.65, from the Chian Family to be applied to the City's Automated External Defibrillator (AED) program and directing the Finance Director to prepare an associated budget adjustment. The motion was adopted by the following roll call vote:

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

COMMUNICATIONS AND PETITIONS
There were no communications and petitions.

City Attorney Sel igmann rep orted that in Executive Session the City Council unanimously voted to approve a Settlement Agreement in the case of HouseKeys Resource and Education Center vs. Garland Yee and directed the City Manager to sign the necessary documents to implement the settlement.

ORAL REQUESTS

Jacob Sterling S ilver, of S.U.A.S. Veteran Crisis Q RF, spoke to raise awareness and support for his non-profit organization dedicated to combating military and veteran isolation and suicide.

Amy Taylor submitted a speaker card and requested her time be delegated to Ken Johnson. Mayor Bybee accepted the request.

Ken Johnson, Campbell Chamber of Commerce (Chamber) Executive Director, spoke against the removal of the paid parking lot located at 345 E. Ca mpbell Avenue. He noted their Temporary Use Permit which had expired in December 2022. He noted the use of the parking lot for se veral Chamber and Downtown Campbell B usiness Association (DCBA) events. He noted that approval of a General Plan Amendment to rectify the situation would be costly to the ow ner, who has no desire to develop or sell the property.

Brooke R amirez and Mike Van Sant requested their time be delegated to Sheldon Chang. Mayor Bybee accepted the request.

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Minutes Acceptance: Minutes of Sep 5, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of September 5, 2023 City Council Meeting Page 3 Sheldon Chang, DCBA member , spoke of the paid parking lot at 345 E. Campbell Avenue. He spoke of the survey that was distributed to downtown Campbell businesses regarding the parking lot. He requested the parking lot current use remain until an agreement can be reached with the lot proper ty owner in order to prevent the lot from blight.

Vaibhav Karkar e, Campbell resident, spoke of being affected by second-hand smoke from his neighbor and the Santa Clara County Ordinance that bans smoking in multi- unit housing. He requeste d the Police speak with his neighbor and Campbell adopt a similar ordinance to ban smoking in multi-unit housing in the City.

COUNCIL ANNOUNCEMENTS
Mayor Bybee would like to take this opportunity to invite you to the annual State of the City Address. Please join her as she discusses the city’s recent accomplishments and information on upcoming projects including Measure O. The State of the City address will be held at the Orchard City Banquet Hall on Wednesday, September 13. Doors open at 5:30 pm with the event beginning promptly at 6. Please RSVP to [email protected] by Wednesday, September 6.

All are welcome to stop by the Campbell Police Department on Saturday, September 16 from noon to 2 :00 pm, for an exclusive look at the equipment, technology, and more.

There will be K -9 and Drone demonstrations . L earn more about our SWAT, Crisis negotiation team, and the Mobile Emergency Operations Center.

The Caregivers Count Conference is an annual virtual event designed for f amilies and friends caring for loved ones . This conference features professional speakers covering wide ranging t opics to support caregivers. The conference will be held over four consecutive weeks on September 9, 16, 23 and 30 and will be held from 10:00 am to 12:00 pm. For more information, or to register, please visit caregiverscount.net.

The Downtown Campbell Business Association is hosting its 2023 Fall Wine Walk from 6:00-9:00 pm on Thursday, September 21. Go to downtowncampbell.com for additional details and ticket information.

Volunteers are needed to pick up litter. Participate in the California Coastal Cleanup on Saturday, September 23 from 9 :00 am -12:00 pm. For additional information and site locations, please visit cleanacreek.org

Join the fun, meet your neighbors, make some money, and keep those items from going into the landfill! Be sure to sign up for the City of Campbell’s annual garage sale on Saturday, October 14 from 8 :00 am to 4 :00 pm. For more information, or to register, please call (408)866-2145.

The Campbell Museum Foundation is recruiting new members to serve on the Board of Directors. Help preserve history in the community through fundraising events, special projects, and outreach. For more information, please visit campbellmuseums.com

CONSENT CALENDAR

2 Packet Pg. 11
Minutes Acceptance: Minutes of Sep 5, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of September 5, 2023 City Council Meeting Page 4 Mayor Bybee asked if anyone wished to remove an item from the Consent Calendar.

Items 13 and 14 were removed from the Consent Calendar. The Consent Calendar was considered as follows:

2. Minutes of City Council Special Meeting of July 20, 2023 Recommended Action: Approve the special meeting minutes of July 20, 2023.

This action approves the special meeting minutes of July 20, 2023.

3. Minutes of City Council Executive Session Meeting of August 15, 2023 Recommended Action: Approve the executive session meeting minutes of August 15, 2023.

This action approves the executive session meeting minutes of August 15, 2023.

4. Minutes of City Council Regular Meeting of August 15, 2023 Recommended Action: Approve the regular meeting minutes of August 15, 2023.

This action approves the regular meeting minutes of August 15, 2023.

5. Approving Bills and Claims
Recommended Action: Approve t he bills and claims in the amount of $1,179,220.36.

This action approves the bills and claims in the amount of $1,179,220.36 as follows: bills and claims checks dated July 31, 2023, in the amount of $235,387.76; payroll checks dated August 3, 2023, in the amount of $76,675.50; bills and claims checks dated August 4, 2023, in the amount of $134,219.83; bills and claims checks dated August 7, 2023, in the amount of $ 136,795.25; bills and claims checks dated Augus t 11, 2 023, in the amount of $31,654.40; bills and claims checks dated August 1 4, 2023, in the amount of $406,983.69; p ayroll checks dated August 17, 2023, in the amount $37,627.96; and bills and cl aims checks dated August 18, 2023, in the amount $119,875.97.

6. Monthly Investment Transactions Report (July 2023)
Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for July 2023.

This action reviews and accepts the Monthly Investment Transactions Report for July 2023.

7. Monthly Treasurer's Report (July 2023)
Recommended Action: That the City Council review and accept the Monthly Treasurer’s Report for the month ended July 31, 2023.

This action reviews an d accepts the Monthly Treasurer ’s Report for the month ended July 31, 2023.

8. Accept Improvements for the Harriet Avenue Sidewalk Improvements Project 20-GG and File Notice of Completion (Resolution/Roll Call Vote) Recommended Action: That the City Council ad opt a resolution accepting the improvements for the Harriet Avenue Sidewalk Improvements Project No. 20 - GG; directing the City Engineer to file the Notice of Completion; and authorizing the Finance Director to perform a budget adjustment.
2 Packet Pg. 12
Minutes Acceptance: Minutes of Sep 5, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of September 5, 2023 City Council Meeting Page 5

Resolution 13035 accepts the improvements for the Harriet Avenue Sidewalk Improvements Project No. 20 -GG; directs the City Engineer to file the Notice of Completion; and authorizes the Finance Director to perform a budget adjustment.

9. Resolution Approving an Agreement w ith Environmental Services, Inc. (ESI) to Provide Equipment and Labor Services, in an Amount Not to Exceed $58,900, for Comple tion of the Campbell Community Center (CCC) – Building a HVAC Control Project (No. 24 -AA) and Dispense with Bidding Requirements as Authorized in Campbell Municipal Code Sections 3.20.030 (7) (8); and Authorization for the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100 (Resolution/Roll Call Vote)
Recommended Action: That the City Coun cil adopt a resolution: 1) approving an agreement with Environmental Services, Inc. (ESI) to provide equipment and labor servi ces, in an amount not to exceed $58,900, fo r completion of the Campbell Community Center (CCC) - Building A HVAC Control project (No. 24 - AA); 2) dispensing with bidding requirements as authorized in Campbell Municipal Code Sections 3.20.030 (7) (8); and 3) authorizing the City Manager to execute said agreement as specified in Campbell Municipal C ode Section

3.20.100.

Resolution 1303 6 approves an agreement with Environmental Services, Inc. (ESI) to provide equipment and labor services, in an amount not to e xceed $58,900, for completion of the Campbell Community Center (CCC) - Building A HVAC Control project (No. 24 -AA); dispenses with bidding requirements as authorized in Campbell Municipal Code Sections 3.20.030 (7) (8); and authorizes the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

10. Resolution Approving an Agreement with Environ mental Services, Inc. (ESI) to Provide Equipment and Labor Services, in an Amount Not to Exceed $127,595, for Completion of th e City Ha ll – HVAC Chiller Replacement Project (No. 24-UU); and Authorization for the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section

3.20.100 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) ap proving an agreement with Environmental Services, Inc. (ES I) to provide equipment and labor services, in an amount not to exceed $127,595, for completion of the City Hall - HVAC Chiller Replacement Project (No. 24-UU); and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

Resolution 13037 approves an agreement with Environmental Services, Inc. (ESI) to provide equipment and labor services, in an amount not to exceed $127,595, for completion of the City Hall - HVAC Chiller Replacement Project (No. 24 -UU); and authorizes the C ity Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.
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Minutes Acceptance: Minutes of Sep 5, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of September 5, 2023 City Council Meeting Page 6

11. Resolution Approving an Agreement with Environmen tal Services, Inc. (ESI) to Provide Equipment and Labor Services, in an Amount Not to Exceed $78,265, for Completion of the Campbell Community Center (CCC) – Heritage Theatre Boiler Replacement Project (No. 24 -OO) and Dispense with Bidding Requirements as Authorized in Campbell Municipal Code Sections 3.20.030 (7) (8); and Authorizing the City Manager to Execute Said Agreement as Spe cified in Campbell Municipal Code Section 3.20.100 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adop t a resolution: 1) approving an agreement with Environmental Services, Inc. (ESI) to provide equipment and labor services, in an amount not to exceed $78,265, for completion of the Campbell Community Center (CCC) - Heritage Theatre Boiler Replacement Project (No. 24 -OO); 2) dis pensing with bidding requirements as authorized in Campbell Municipal Code Sections 3. 20.030 (7) (8); and 3) authorizing the City Manager to execute said agreement as specified in C ampbell Municipal Code Section 3.20.100.

Resolution 13038 approves an agreement with Environmental Services, Inc. (ESI) to provide equipment and labor services, in an amount not to exceed $78,265, for completion of the Campbell Community Center (CCC) - Heritage Theatre Boiler Replacement Project (No. 24 -OO); dispenses with biddi ng requirements as authorized in Campbell Municipal Code Sections 3. 20.030 (7) (8); and authorizes the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

12. Approve Amendment #2 to the Co nsultant Services Agreement with Krisch & Company for Payroll Operations Support and System Implementation Services (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving a contract amendment and authorizing the City Manager to appro ve and execute amendment #2 to the Consultant Services Agreement with Krisch & Company for payroll operations support and system implementation services.

Resolution 1303 9 approves a contract amendment and authoriz es the City Manager to approve and execute amendment #2 to the Consultant Services Agreement with Krisch & Company for payroll operations support and system implementation services.

M/S: Landry/Lopez - That the C ity Counc il approve the Consent Calendar with the exception of item s 13 a nd 14 . The motion was adopted by the following roll call vote:

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

ITEMS CONSIDERED SEPARATE FROM CONSENT
2 Packet Pg. 14
Minutes Acceptance: Minutes of Sep 5, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of September 5, 2023 City Council Meeting Page 7

13. Authorization of an Amendment to an Existing Joint Exercise of Powers Agreement and Cooperation Agreement with the County of Santa Clara to Undertake or Assist in the Undertaking of Activities Pursuant to Title I of the Housing and Community Development Act (PLN -2023-150) (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving an Amendment to an existing Joint Exercise of Powers Agreement and Cooperation Agreement (JPA) with the County of Santa Clara to undertake or assist in the undertaking of act ivities pursuant to Title I of the Housing and Community Development Act as well as subsequent Amendments to the JPA to satisfy HUD requirements or comply with state and/or federal law; and authorizing the City Manager to execute the Amendment and necessary subsequent amendments to comply with HUD requirements and state and federal law.

Councilmember Furtado spoke in s upport of the Community Development Block Grant (CDBG) program and the benefits it provides.

M/S: Furtado /Landry – That the City Counc il adopt Resolution 13040 approving an Ame ndment to an existing Joint Exercise of Powers Agreement and Cooperation Agreement (JPA) with the County of Santa Clara to undertake or assist in the undertaking of activities pursuant to Title I of the Housing and Community Development Act as well as subsequent Amendments to the JPA to satisfy HUD requirements or comply with state and/or federal law; and authorizing the City Manager to execute the Amendment and necessary su bsequent amendments to comply with HUD requirements and state and federal law . The motion was adopted by the following roll call vote:

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

14. Authorize the Execution of a Contract for the Preparation of an Affordable Housing and Commercial Linkage Fees Nexus Study (PLN -2023-85) (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution ap proving a Consultant Services Agreement with BAE Urban Economics for the preparation of an Affordable Housing and Commercial Linkage Fees Nexus Study and authorizing the City Manager to execute the agreement.

Councilmember Furtado expressed concerns with the linkage fees related to small business and it being a financial burden to them.

Community Development Director Ea stwood provided clari fication that tonight ’s action is to execute a contract for the Nexus Study. The Study does not b ind the Council to a decision to adopt a fee.

M/S: Landry/Scozzola - That the City Council adopt Resolution 13041 approving a Consultant Services Agreement with BAE Urban Economics 2 Packet Pg. 15
Minutes Acceptance: Minutes of Sep 5, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of September 5, 2023 City Council Meeting Page 8 for the preparation of an Affordable Housing and Commercial Linkage Fees Nexus Study and authorizing the City Man ager to execute the agreement.

The motion was adopted by the following roll call vote:

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

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

15. Public Hearing to Consider an Appeal of the Planning Commission’s Denial of a Conditional Use Permit with Site and Architectural Review to Allow Reconstruction of a Shell Gasoline Service Station with an Expanded Convenience Store Including Off -Site Alcohol Beverage Sales, a Drive - Through Carwash, and 24 -Hour Operational Hours; and a Tree Removal Permit Removal of All On -Site Tree s, for Property Located at 570 E.

Hamilton Avenue. File No.: PLN-2022-44 (Resolution/Roll Call Vote) Recommended Action : That the City Council ad opt a resolution denying the appeal and upholding the Planning Commission's denial of a Conditional Use Permit with Site and Architectural Review and a Tree Removal Permit.

This is the time and place for a publi c hearing to consider an a ppeal of the Planning Commission’s denial of a Conditional Use Permit with Site and Architectural Review to allow reconstruction of a Shell Gasoline Service Station with an expanded convenience store including off-site alcohol beverage sales, a drive-through carwash, and 24 -hour operational hours; and a Tree Removal Permit for removal of all on-site trees, for property located at 570 E. Hamilton Avenue.

Community Development Director Eastwood noted that the applicant for this item had a conflict and has requested that this item be postponed to October 3, 2023.

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

There were no public comments.

M/S: Landry/Lopez – That the public hearing be continued to the October 3, 2023, City Council meeting. The motion was adopted by the following roll call vote:

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

NEW BUSINESS

16. Approval of the Fiscal Year (FY) 2023 -24 City of Campbell Investment Policy Update (Resolution/Roll Call Vote)
2 Packet Pg. 16
Minutes Acceptance: Minutes of Sep 5, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of September 5, 2023 City Council Meeting Page 9 Recommended Action: It is recommended that the City Council adopt a Resolution approving the annual update to the City’s Investment Policy.

Finance Director Fuentes presented a staff report dated September 5, 2023.

Following Council questions, Mayor Bybee asked i f anyone from the publi c wished to speak. There were no public comments.

Councilmember Lopez and Mayor Bybee reported out on the Finance Subcommittee meeting noting that staff incorporated the ir feedback into the report and spoke of the benefits of having an external investment advisor.

After discussion, M/S: Lopez/Landry – That the City Council adopt Resolution 13042 approving the annual update to the City’s Investment Policy. The motion was adopted by the following roll call vote:

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

17. Consider Nominating New Priority Development Areas (PDAs) and Priority Sites to be Included in Plan Bay Area 2050+ for Future Planning, Infrastructure, and Housin g Funding Opportunities (PLN -2023-91) (Resolution / Roll Call Vote)
Recommended Action: That the City C ouncil adopt a Resolution amending the boundaries of the Central Campbell Redevelopment Area Priority Development Area (PDA), renaming the Central Campbell Redevelopment Area Priority Development Area (PDA) the Central Campbell Priority Development Area (PDA) and e stablishing the Hamilton Avenue Precise Plan as a new Priority Development Area (PDA) as set forth in Option 1, and nominating all sites included in Table 2 as Priority Sites.

Senior P lanner Rose presented a staff report dated September 5, 2023. He noted a minor correction to the staff report in that 700 W. Hamilton is re moved from the Priority Sites as it falls outside of the priority sites eligible area.

Following Council questions, Mayor Bybee asked i f anyone from the publi c wished to speak. There were no public comments.

The City Council discussed Option 1 and Option 2 which was a larger expansion of the PDA boundary. Also discussed was t he inclusion of certain sites which could be helpful in recei ving transportation-related to grant funding. The Council discussed the pot ential staff impacts of creating new Area P lans as would be required with Option 2.

Senior Planner Rose noted Option 1 is the cost neutral option as existing area plans are being relied on.

Following discussions, a majority of the Council stated support for Option 1. 2 Packet Pg. 17
Minutes Acceptance: Minutes of Sep 5, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of September 5, 2023 City Council Meeting Page 10 M/S: Scozzola/Bybee – That the City Council a dopt Resolution 13043 amending the boundaries of the Central Campbell Redevelopment Area Priority Development Area (PDA), renaming the Cent ral Campbel l Redevelopment Area Priority Development Area (PDA) the Central Campbell Priority Development Area (PDA) and establishing the Hamilton Avenue Precise Plan as a new Priority Development Area (PDA) as set forth in Option 1, and nominating all sites included in Table 2 as Priority Sites excluding 700 W. Hamilton Avenu e. The motion was adopted by the following roll call vote:

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

18. Resolution Ame nding the A greement for City Manager Services (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution amending the Agreement for City Manager Services to provide for a merit increase and a cost - of-living adjustment, if certain conditions exist; and, updating the Salary Schedule to reflect the increase in the City Manager's compensation.

Assistant City Manager Gaeta presented a staff report dated September 5, 2023.

Following Council questions, Mayor Bybee asked i f anyone fr om the publ ic wished to speak. There were no public comments.

After discussion , M/S: Lopez/Scozzola – That the City Council adopt Resolution 13044 amending the Agreement for City Manager Services to provide for a merit increase and a cost -of-living adjustment, if certain conditions exist; and, updating the Salary Schedule to r eflect the increase in the City Manager's compensation. The m otion was adopted by the following roll call vote:

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

19. Resolution Amending the City Clerk Ser vices Agreement (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution amending the Agreement for City Clerk Services to provide for a merit increase; provide for full coverage of health insurance premiums for the Ci ty Clerk and her dependents; provide for a longer severance pay period; and provide for an annual performance evaluation in the month of June.

Assistant City Manager Gaeta presented a staff report dated September 5, 2023.

Following Council questions, Mayor Bybee asked i f anyone from the publi c wished to speak. There were no public comments.
2 Packet Pg. 18
Minutes Acceptance: Minutes of Sep 5, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of September 5, 2023 City Council Meeting Page 11 After discussion , M/S: Landry/Scozzola – That the City Council adopt Resolution 13045 amending the Agreement for City Clerk Services to provide for a merit increase; pro vide for full coverage of health insurance premiums for the City Clerk and her dependents; provide for a longer severance pay period; and provide for an annual performance evaluation i n the month of June. The motion was adopted by the following roll call vote:

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

20. Designation of Voting Delegate and Alternate for 2023 League of Califor nia Cities Annual Conference
Recommended Action: That the City Coun cil designate a Voting Delegate and Alternate(s) for the League of California Cities Annual Conference General Business Meeting to be held on September 20-22, 2023.

City Manager Loventhal presented a staff report dated September 5, 2023.

Following Council questions, Mayor Bybee asked i f anyone from the publi c wished to speak. There were no public comments.

Councilmember Furtado noted that he would be attending the Lea gue Conference and expressed interest in being a Voting Delegate.

Councilmember Lopez s tated that he had a potential scheduling con flict for the first part of the conference but would be available to attend the General Business Meeting and expressed an interest in being a Voting Delegate Alternate.

M/S: Landry/Scozzola – That the City Council designate Dan Furtado as a Voting Delegate and Sergio Lopez as the Voting Delegate Alternate for the League of California Cities Annual Conference General Business Meeting to be held on September 22, 2023. The motion was adopted by the following roll call vote:

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

UNFINISHED BUSINESS

21. Economic Development Strategy Plan Update
Recommended Action: That the City Council receive and accept the report for the Economic Development Strategy Plan Update.

City Manager Loventhal introduced the item and introduced E conomic Development Manager Leslie Parks, an d online consultants Audrey Taylor and Christine Firstenberg.
2 Packet Pg. 19
Minutes Acceptance: Minutes of Sep 5, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of September 5, 2023 City Council Meeting Page 12

Economic Development Manager Parks presented a staff report dated September 5, 2023.

Following Council quest ions, Mayor Bybee asked i f anyone from the publi c wished to speak. There were no public comments.

The Coun cil dis cussed potential conce rns and challenges rel ated to the City ’s Zoning and permitting process; and options to reduce office and retail vacancies.

The City Council thanked staff and the consultants for their comprehensive report and presentation and noted the positive feedback received from b usinesses and residents. They also commented on the importance of the website review process and looked forward to future discussions.

COUNCIL COMMITTEE REPORTS

22. Accept Resignations of Renee Small and Matt Schroeder from the Bicycle and Pedestrian Advisory Committee (BPAC)
Recommended Action: That the City Council accept the resignation of Renee Small and Matt Schroeder from the Bicycle and Pedestrian Advisory Committee and direct the City Clerk to advertise the Notice of Unscheduled Vacancy for the remainder of the current term and a full term, with a term expiration of August 2028.

City Clerk Sanders presented a staff report dated September 5, 2023.

Following Council questions, Mayor Bybee asked i f anyone from the publi c wished to speak. There were no public comments.

After discussion, M/S: Furtado/Lopez – That the City Council accept the resignation of Renee Small and Matt Schroeder from the Bicycle and Pedestrian Advisory Committee and direct the City Clerk to advertise the Notice of Unscheduled Vacancy for the remainder of the current term and a full term, with a term expiration of August 2028. The motion was adopted by the following roll call vote:

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

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

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

ADJOURN
Mayor Bybee adjourned the meeting at 10:21 p.m.
2 Packet Pg. 20
Minutes Acceptance: Minutes of Sep 5, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of September 5, 2023 City Council Meeting Page 13

APPROVED:

ATTEST:

Anne Bybee, Mayor

Andrea Sanders, City Clerk

2 Packet Pg. 21
Minutes Acceptance: Minutes of Sep 5, 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 $3,315,677.75.

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

Type Check Date Amount
Bills & Claims August 21,2023 $295,090.79
Bills & Claims August 25,2023 $11,888.32
Bills & Claims August 28,2023 $2,934,309.65
Payroll August 31,2023 $74,388.99
Total $3,315,677.75

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: 3
Category: CONSENT CALENDAR
Meeting Date: September 19, 2023
3 Packet Pg. 22
Reviewed by:

Will Fuentes, Finance Director

Approving Bills and Claims Page 2 of 2
Brian Loventhal, City Manager
3 Packet Pg. 23
Approved by:

City
Council
Report

TITLE: Resolution Approving an Agreement with Burr Plumbing to Provide Equipment and Labor Services, in an Amount Not to Exceed $290,180, for Completion of the Remaining Gas Line Repairs at the Campbell Community Center; Authorization for the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100; and Authorization for the Finance Director to Execute a Budget Adjustment in the Amount of $290,180 to Fund the Associated Improvements

RECOMMENDED ACTION

That the City Council adopt a resolution: 1) approving an agreement with Burr Plumbing to provide equipment and labor services, in an amount not to exceed $290,180, for completion of the remaining gas line repairs at the Campbell Community Center; 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and 3) authorizing the Finance Director to execute a budget adjustment in the amount of $290,180 to fund the associated improvements.

BACKGROUND

The Campbell Community Center is home to some of the City’s oldest infrastructure.

Among the largest (and oldest) mechanical systems are the gas utility lines, the majority of which were installed (underground) in the late 1960’s. With its original layout still intact, this underground system operates through a shared network of steel gas lines to provide gas to various buildings and/or amenities located throughout the complex.

Although each building and/or amenity is serviced by its own connection to a main line, gas is dispensed throughout the system simultaneously. As such, repairing a segment of one line may require shutting down gas services to nearby lines, or in rare cases, the entire property.

In April 2023, the Public Works Department – Maintenance Division was notified by PG&E gas technicians that a severe leak was detected within the Community Center’s gas line system. To prevent an adverse gas incident, and ensure the safety of all occupants on site, PG&E immediately shut -off all gas services to the entire property.

This also allowed staff to locate the exact source of the leak and identify a solution to repair the impacted gas line(s).

Item: 4
Category: CONSENT CALENDAR
Meeting Date: September 19, 2023
4 Packet Pg. 24
Burr Plumbing Page 2 of 5
With specialized equipment and labor services needed to resume these efforts, staff contacted Burr Plumbing (Burr) – a company with an established work history with the City and experience with repairs of similar utility -based systems and mechanical components. In response to staff’s emergency service request, Burr technicians arrived on site and discovered multiple leaks throughout different locations of the main gas line.

During the weeks that followed, staff and Burr continued to investigate leaks and perform repairs. However, subsequent air pressure tests continued to fail – an indication that additional leaks were still present elsewhere along the line. After multiple failed tests, PG&E resumed the shutdown of all gas services to the Community Center.

Between April and June of 2023, City staff and Burr personnel completed approximately eight to ten gas line leak repairs, the installation of a new gas line to the pool’s mechanical room, and coordination efforts with PG&E to restore gas services to the pool’s new line upon its installation. Although a significant amount of work was completed, the system still presented leaks throughout the old pipe work that required additional repairs and replacements. With these developments, staff directed Burr to refrain from additional on-site repairs while more information was collected to prepare a detailed scope of work and plan for the next phase of repairs.

On July 31, 2023, the City Council approved Resolution No. 13024, which authorized the issuance of payment to Burr Plumbing for all services rendered to -date on the Community Center gas line repairs. At that time, the City Council was also made aware of the outstanding repairs that were still required before PG&E could authorize the restoration of gas services to the remainder of the property, and several system deficiencies that could be addressed during those subsequent repairs. Staff also emphasized the importance of expediting these repairs as the Community Center would remain without gas services until their completion. Meanwhile, staff would continue developing a scope of work for the remaining repairs and identify a funding strategy to minimize fiscal impacts and avoid additional budgetary constraints. The results of these efforts would be presented to City Council during a later meeting date, where staff would request approval to proceed with the additional repairs and their associated costs at that time.

DISCUSSION

In August 2023, staff finalized the scope of work for the remaining gas line repairs at the Community Center – incorporating the equipment and labor services necessary for excavations, removal , and installation of new above -ground gas lines (pipes), and concrete restorations and modifications as needed. With the existing system’s complexities, staff developed a project scope and solicited proposals from multiple, qualified vendors to encourage competitive bid pricing. Staff was specifically interested in soliciting proposals from local vendors who were certified in gas line installations and repairs and have previously worked with the City.

Based on these criteria, staff issued an RFP to the following three vendors: Burr Plumbing, Ciari Plumbing, and Pacific Plumbing. At the conclusion of this process, staff 4 Packet Pg. 25
Burr Plumbing Page 3 of 5
determined that Burr Plumbing and Ciari Plumbing were both qualified based on their description of proposed services and breakdown of associated labor and equipment costs. Upon further review, Pacific Plumbing was disqualified for submitting a proposal with a non-compliant scope of work. While the proposals submitted by Burr and Ciari had met the City’s qualifications, there was a significant difference between their proposed contract totals of $290,180 and $340,689 (respectively). In the end, staff selected Burr’s proposal based on their results as the lowest, responsive bidder and ability to provide the services needed to complete the remaining repairs in a timely and efficient manner.

With cooler weather approaching, the anticipated repair timeline is critical to ensure that the property’s buildings are sufficiently heated throughout the fall and winter months.

Since the heating units rely exclusively on gas utilities, the restoration of gas services will be the deciding factor as to when the buildings will regain their heating abilities. If repairs are not completed before the shift in weather, staff will need to identify alternate solutions to help keep the buildings adequately heated. However, temporary heating solutions are extremely limited and would require a substantial amount of time and resources to implement for only a short period of time.

Furthermore, the gas shutdown could impact the Community Center tenant spaces, recreational programs, activities, and events that are scheduled for the upcoming fall and winter seasons – all of which have required a significant amount of time and resources to plan and implement. With many of these programs operating in the classrooms and activity centers throughout each building, it is critical to keep these areas properly heated – especially for those individuals who are more susceptible to the effects of a colder environment.

To prevent program disruptions, and maintain the Community Center’s essential service operations, gas line repairs will be completed in stages to bring certain segments of the system back online as approved by PG&E. This process will continue until all segments of the line are repaired and gas can be safety restored to the complex. Staff has also incorporated other elements into the scope of work that address system deficiencies discovered during previous repair efforts. This includes supplemental safety features for the new above -ground pipes (i.e., seismic shut -off valves) and configurations to facilitate easier access to the lines during maintenance and repairs. If implemented, these features would improve the system’s efficiency, generate long -term cost savings with fewer repair needs, and ensure the gas system remained intact should the structural integrity of the lines become compromised in the event of an emergency event (natural or otherwise).

NEXT STEPS
In accordance with the City’s purchasing guidelines, staff has completed the necessary steps to ensure a comprehensive evaluation of the bids (proposals) received and has selected a contractor based on the results from the lowest, responsive bidder and their qualifications to perform the work. As such, staff is recommending approval of a contract with Burr Plumbing, in an amount not to exceed $290,180, to provide labor and 4 Packet Pg. 26
Burr Plumbing Page 4 of 5
equipment services for the remaining gas line repairs at the Campbell Community Center (see Attachment B). As stated in the proposed contract, this total reflects the base cost of all labor and equipment services ($264,485), plus an additional $25,695 for the installation of seismic fittings at seven locations along the new pipe work.

Staff’s recommendation is based on Burr’s successful work history with the City and their results as the lowest, responsive bidder from the RFP process. Burr also possesses a familiarity with the existing system that would expedite a timely completion of the project – an advantage considering the anticipated lead time for equipment at this moment and the urgency to restore gas utilities before the onset of winter. As professionals who are certified in gas line installations and repairs, Burr also has the knowledge and expertise to ensure that the repairs are completed within compliance of PG&E specifications, and that subsequent testing efforts will facilitate a full restoration of gas utilities to the Community Center.

Staff is also requesting City Council’s authorization for the City Manager to execute said agreement with Burr Plumbing, as specified in Campbell Municipal Code Section

3.20.100, and pending Council’s approval of the proposed contract and its terms of service.

FISCAL IMPACT
This action will have a fiscal impact of $290,180; however, resources have not been budgeted for this work. As such, an allocation of funds to the Public Works Building Maintenance Operating Budget (101.780.7428) will be required to proceed with the proposed repairs. Staff is recommending that the City Council authorize the Finance Director to execute a budget adjustment in the amount of $290,180, from the remaining ARPA fund balance to the General Fund Operating Budget, to fund the associated improvements.

ALTERNATIVE
Do not proceed with the allocation from the City’s ARPA fund balance to the General Fund Operating Budget and direct staff to explore alternative funding sources available at this time, such as the City’s General Fund Reserve.

Prepared by:

Carina Shattuck, Administrative Analyst I
Reviewed by:
4 Packet Pg. 27
Todd Capurso, Director of Public Works
Burr Plumbing Page 5 of 5
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Proposal from Burr Plumbing
4 Packet Pg. 28

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

APPROVING AN AGREEMENT WITH BURR PLUMBING TO PROVIDE EQUIPMENT AND LABOR SERVICES, IN AN AMOUNT NOT TO EXCEED $290,180, FOR COMPLETION OF THE REMAINING GAS LINE REPAIRS AT THE CAMPBELL COMMUNITY CENTER; AUTHORIZING

THE CITY MANAGER TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.100; AND AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE A BUDGET ADJUSTMENT IN THE AMOUNT OF $290,180 TO FUND THE

ASSOCIATED IMPROVEMENTS (RESOLUTION/CONSENT)

WHEREAS, among the Campbell Community Center’s largest (and oldest) mechanical systems are the gas utility lines that were installed in the late 1960’s; and

WHEREAS, in April 2023, the Public Works Department – Maintenance Division was notified by PG&E gas technicians that a severe leak was detected within the Community Center’s gas line system; and

WHEREAS, to prevent an adverse gas incident, PG&E shut-off all gas services to the entire property; and

WHEREAS, staff contacted Burr Plumbing for specialized equipment and labor services to help identify the source of the leak and assist staff with subsequent repair efforts; and

WHEREAS, although staff and Burr completed a significant amount of work between April and June of 2023, the system still presented leaks throughout the old pipe work that required additional repairs and forced PG&E to resume its shutdown of gas services to the property; and

WHEREAS, on July 31, 2023, the City Council approved Resolution No. 13024, which authorized the issuance of payment to Burr Plumbing for all services rendered to-date on the Community Center gas line repairs; and

WHEREAS, at that time, the City Council was also made aware of the outstanding repairs that were still required before PG&E could authorize the restoration of gas services – including staff’s plans to develop a scope of work and present this information to the Council during a later meeting date; and

WHEREAS, in August 2023, staff finalize the scope of work for the remaining repairs, which incorporated the equipment and labor services necessary for excavations, removal and installation of new above-ground gas lines (pipes), and concrete restorations and modifications; and

WHEREAS, based on staff’s pre-determined criteria to solicit professional services from qualified contractors, an RFP was issued to the following three vendors: Burr Plumbing, Ciari Plumbing, and Pacific Plumbing; and

WHEREAS, in the end, staff selected Burr’s proposal based on their results as the lowest, responsive bidder ($290,180) and qualifications to complete the remaining repairs in a timely and efficient manner; and

WHEREAS, Burr’s proposed amount reflects the base cost of all labor and equipment services ($264,485), plus an additional $25,695 for the installation of seismic fittings at seven locations along the proposed new pipe work; and

4.a
Packet Pg. 29
Attachment: Resolution (Burr Plumbing)

WHEREAS, with cooler weather approaching, the anticipated repair timeline is critical to ensure that the property’s buildings are sufficiently heated throughout the fall and winter months; and

WHEREAS, to expedite these efforts, staff is recommending approval of a contract with Burr Plumbing, in an amount not to exceed $290,180, to provide labor and equipment services for the completion of the remaining gas line repairs at the Campbell Community Center; and

WHEREAS, staff is also requesting City Council’s authorization for the City Manager to execute said agreement with Burr Plumbing, as specified in Campbell Municipal Code Section 3.20.100; and

WHEREAS, an allocation of funds to the Public Works Building Maintenance Operating Budget (101.780.7428) will be required to proceed with the proposed repairs ; therefore, s taff is recommending that the City Council authorize the Finance Director to execute a budget adjustment in the amount of $290,180 from the ARPA fund balance to the General Fund Operating Budget , to fund the associated improvements.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) approve an agreement with Burr Plumbing to provide equipment and labor services, in an amount not to exceed $290,180, for completion of the remaining gas line repairs at the Campbell Community Center; 2) authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and 3) authorize the Finance Director to execute a budget adjustment in the amount of $290,180 to fund the associated improvements.

PASSED AND ADOPTED this _____th day of ________, 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
_________________________________
Anne Bybee, Mayor

ATTEST:
___________________________
Andrea Sanders, City Clerk

4.a
Packet Pg. 30
Attachment: Resolution (Burr Plumbing)

1 | P a g e Burr Plumbing & Pumping, Inc. Initial _________ 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 287-2877 * Fax (408) 287-2844 License#730349 A, C36, D21 PROPOSAL
No. 11962

Proposal submitted to: City of Campbell
Date Submitted: 07-13-23 Description: Gas Main Upgrades Phone Number: Job Name: ROM Cost Proposal
Street: 1 W. Campbell Ave.

Job Location: 1 West Campbell City Complex
City, State, ZIP: Campbell, Ca. 95008 Job Phone:

Fax Number: Cell Phone: 540-9956/425-4718
E-Mail: [email protected] Contact: Dave Fanucchi
We hereby submit specifications and estimates to replace the failed underground piping with approximately 400’ of underground 4” gas main and approximately 900’ of aboveground 4” gas main.

Scope of work (includes the following; as required):

1. USA jobsite and perform a private utility sweep to attempt to identify all underground utilities.

2. Excavate, grade bedding, install 4” MDPE poly gas main & risers, backfill & rough grade trench lines.

3. Install approximately 800’ of above ground 4” galvanized gas main & up to 200’ of additional piping to tie in to existing above grade gas piping.

4. Properly support all new above grade piping with rubber sleepers.

5. Provide any necessary building penetrations where applicable (per Campbell Historic requirements).

6. Restore concrete and/or AC paving as required.

Work areas include the Heritage Theater, the Campbell Adult Center, Campbell Gym, DaVinci Academy of Silicon Valley, Campbell Community Center, Campbell Express Library, Bonyad Towib/World Cup Soccer Camps Building, Campbell Multi Purpose Room, the 3 Sage Academy Buildings, the 2 buildings between the Express Library and the DaVinci Academy and the Public Works Corp. Yard (per Google Maps).

Burr Plumbing will secure areas below all work zones during the course of construction to ensure no pedestrian safety.

If customer desires the installation of seismic flex fittings at up to 7 locations, then add an additional $25,695.00. Lead time to manufacture will be approximately 3 weeks.

It is unknown if any roof top piping has failed or is leaking. We will initially install all piping and test for leaks. Once PG&E is comfort able with the installation, we will test each building’s existing piping prior to connection. If sizing needs or failures require piping modifications we will provide Campbell with cost proposals.

No landscape repairs are included in proposal pricing.

Piping is being sized to accommodate medium pressure needs which will require a regulator at each building. Once Campbell approves this project we will perform a full site survey to determine exact pipe sizing requirements based on all observable gas demands. It is our intent to utilize low pressure, if possible, with a single regulator at the meter (possibly a PG&E regulator).

Exclusions:

1. All engineering, soil testing and surveying.

2. All permits, drawings or related fees, as required, will be additional.

3. Repair of any unmarked lines, including; PG&E, water, cable, telephone, fiber optic, irrigation, etc.

4. Any and all required bonds or posting of certificates of deposits required.

5. Wall, ceiling, flooring, framing and surface finish repairs.

6. Responsibility for any existing or other systems and work not directly related to our work

7. Responsibility for any electrical, plumbing, drains, fire sprinkler and/or controls not expressly included in this proposal.

8. Any changes or deviations from this proposal will be executed only on written order and will become an extra charge over the cost of this proposal.

9. Any unknown or unforeseen circumstances.

4.b
Packet Pg. 31
Attachment: Proposal from Burr Plumbing (Burr Plumbing)

2 | P a g e Burr Plumbing & Pumping, Inc. Initial _________ 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 287-2877 * Fax (408) 287-2844 License#730349 A, C36, D21 PROPOSAL
No. 11962

We Propose to hereby furnish material and labor – in accordance with above specifications

For the sum of: Two Hundred & Sixty-Four Thousand, Four Hundred & Eighty-Five Dollars ($264,485.00)

Payment to be made as follows:

Payment due upon completion of scope of work

Signature:

Burr Plumbing & Pumping, Inc.

Note: Proposal may be withdrawn if not accepted within 30 days.

The person signing below represents that he or she is authorized by the Owner to accept this proposal on behalf of the Owner listed above, and further represents that he or she has read, understood and agreed to the terms and conditions set forth on the last page of this Proposal.

STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE CONTRACTOR S’ STATE LICENSE BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING --IF THE TOTAL PRICE OF THE JOB IS $500 OR MORE (INCLUDING LABOR AND MATERIALS).

LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PROTECT THE PUBLIC. IF YO U CONTRACT WITH SOMEONE WHO DOES NOT HAVE A LICENSE, THE CONTRACTORS’ STATE LICENSE BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT. YOUR ONLY

REMEDY AGAINST AN UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT, AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS EMPLOYEES. YOU MAY CONTACT THE CONTRACTORS’ STATE LICENSE BOARD TO FIND OUT IF THIS CONTRACTOR HAS A VALID LICENSE. THE BOARD HAS COMPLETE INFORMATION ON THE HISTORY OF LICENSED CONTRACTORS, INCLUDING ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGMENTS, AND CITATIONS. THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE CHECK THE GOVERNMENT PAGES OF THE WHITE PAGES FOR THE OFFICE NEAREST YOU OR CALL 1 -800-321-CSLB FOR MORE INFORMATION.

The services to be provided by Burr Plumbing & Pumping, Inc. DO NOT include any engineering work, and the customer is responsible for providing all engineering determinations.

Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. Burr Plumbing & Pumping, Inc. is authorized to do the work as specified. Payment will be made as outlined above.

Date of Acceptance:

Signature: Company:

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Attachment: Proposal from Burr Plumbing (Burr Plumbing)

3 | P a g e Burr Plumbing & Pumping, Inc. Initial _________ 1645 Almaden Rd. San Jose, CA 95125 * Tel (408) 287-2877 * Fax (408) 287-2844 License#730349 A, C36, D21 PROPOSAL
No. 11962

Conditions of Proposal

1. Allowing Burr Plumbing & Pumping, Inc. (“Burr”) to commence work or preparation for work constitutes acceptance by you of this Proposal and all its terms and conditions. Quotations herein, unless otherwise stated, are for immediate acceptance and are subject to change.

2. BURR shall be paid monthly progress payments, or as outlined in this proposal. if progress payments are provided in this proposal, on or before the 10th day of each month for the value of the work completed plus the value of materials and equipment suitably stored less the aggregate of previous payments made to BURR. Final payment shall be made within 30 days of substantial completion of the work described in this proposal. Payment for goods is due on delivery of the goods to the project site.

3. Back charges shall not be considered valid unless contained in a writing signed by BURR before the work is executed.

4. All sums not paid when due shall bear interest at the rate of 1½% per month from the due date until paid or the maximum legal rate permitted, whichever is less; all costs of collection, including the actual attorney’s fees and costs incurred by BURR, the actual expert fees incurred by BURR and costs as defined by the California Code of Civil Procedure shall be paid by Owner or its representatives.

5. If Owner or its representative fail to make a payment to BURR as provided herein, BURR may stop work without prejudice to any other remedy it may have.

6. Owner or its representative is to prepare all work areas to accept the work of BURR under the contract. BURR will not be called upon to start work until sufficient areas are ready to insure that BURR may continue to work until completed.

7. After acceptance of this Proposal, BURR shall be given a reasonable time in which to make delivery of materials, equipment and labor and to complete its work under this Proposal. BURR shall not be liable for delays or defaults where occasioned by any causes of any kind and extent beyond its control, including but not limited to delays caused by the owner, general contractor, architect and/or engineers, armed conflict, acts of terrorism or economic dislocation resulting therefrom, embargos, shortages of labor, equipment or materials, production facilities delays or transportation delays, labor difficulties, civil disorder of any kind, the actions of civil or military authorities, vendor priorities and allocations, fires, floods, accidents and acts of God.

8. All workmanship is guaranteed against defects in workmanship for a period of one year from the date of installation. This warranty is in lieu of all other warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose. BURR will not be responsible for special, incidental or consequential damages and shall not be responsible for damage to its work occasioned by other parties. Any repair work necessitated by damage caused by others directed by the Owner or its representatives to be performed will be considered extra work. BURR’s responsibility for damage or loss in transit ceases upon delivery in good condition to a public carrier.

9. Work called for herein is to be performed during BURR’s regular working hours. Overtime rates will be charged for all work performed outside such hours as an extra cost to Owner or its representative.

10. All materials shall be furnished in accordance with the respective industry tolerances for variation in color, thickness, and size, finish, texture and performance standards.

11. Notwithstanding any provision contained in this Proposal or the contract documents between Owner and General Contractor, BURR may file a mechanic’s lien, stop notice, payment bond claim or other claim on its own behalf in the event that any payment due to BURR is not made as and when provided for in the terms of this Proposal.

12. The subcontract form used between BURR and Owner’s General Contractor will be the A401 subcontract, then current, as published by the American Arbitration Association. Where there is a conflict between the terms of that subcontract form and this Proposal, or when the contract documents between Owner and its General Contractor conflict with the terms of this Proposal, then this Proposal shall govern.

13. Owner or its representative shall furnish all temporary site facilities, including suitable covered storage facilities and hoisting as required at no cost to BURR.

14. Owner and its representative, including its General Contractor, shall make no demand for liquidated or delay damages in any sum which may exceed any such sum specifically provided for in this Proposal, and no liquidated damages may be assessed against BURR for delays or causes attributable to other contractors or arising outside the scope of this Proposal.

15. Owner or its representative, including Owner’s General Contractor, shall purchase and maintain property insurance upon the full value of the entire work and/or materials to be supplied which shall include the interest of BURR. Owner or its representative, including Owner’s General Contractor shall furnish to BURR evidence that it has named BURR as an additional insured on said policy of insurance in an amount of no less than $1 million.

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Attachment: Proposal from Burr Plumbing (Burr Plumbing)

City
Council
Report

TITLE: Resolution Authorizing: 1) the Solicitation of Bids for Concrete Repair Services for the City’s Annual Sidewalk, Curb, and Gutter Improvements (No. 24-GG); 2) Approval to Award a Service Contract, in an Amount Not to Exceed $175,000, to the Lowest, Responsive Bidder for a Period of Up to One (1) Year, Plus Options for the City to Renew Up to Four (4) Additional One (1) Year Contracts, Not to Exceed $75,000 Per Year, for a Total of Up to Five (5) Years; and 3) the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100 (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution authorizing: 1) the solicitation of bids for concrete repair services for the City’s annual Sidewalk, Curb, and Gutter Improvements (No. 24 -GG); 2) approval to award a service contract, in an amount not to exceed $175,000, to the lowest, responsive bidder, for a period of up to one (1) year, plus options for the City to renew up to four (4) additional one (1) year contracts, not to exceed $75,000 per year, for a total of up to five (5) years; and 3) the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

BACKGROUND

The City of Campbell maintains approximately 75 miles of Portland Concrete Cement (PCC) sidewalks throughout the City , which are typically 4.5 feet wide in residential areas and up to 10 feet wide in commercial areas. As such, the City’s Public Works Department – Maintenance Division use s various methods to repair lifted and/or damaged sidewalks and ensure safe conditions for pedestrian travel throughout the City. These methods include patching of holes and gaps, grinding uneven sidewalk panels for smooth surface transition, and removing sections of sidewalks that are damaged (i.e., beyond repair) and require replacement with new concrete.

Approximately ten years ago, the City elected to use asphalt concrete (AC) material to replace damaged sections of PCC sidewalks to reduce repair costs during a period of resource constraints. As a result, there are currently sections throughout the City where AC repaired sidewalks still remain in place.

During FY 2015/16, the Public Works Department developed a plan that separated the City into 16 Maintenance Zones to improve scheduling practices and management of Item: 5
Category: CONSENT CALENDAR
Meeting Date: September 19, 2023
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Concrete Repair Page 2 of 4
the various maintenance activities. Under this plan, sidewalk inspections are performed in two maintenance zones each fiscal year – resulting in an eight -year inspection and repair cycle. These inspections allow staff to identify issues and schedule repairs while responding to service requests submitted by residents and businesses. Although these efforts have facilitated a timely and efficient completion of sidewalk repairs, they do require a significant amount of time and resources.

To mitigate these impacts, the Public Works Department contracts its concrete repair work out to professional providers who are trained and equipped in concrete finish work which allows for a more timely and cost -effective response to address the City’s annual maintenance and repair needs. In 2018, staff received authorization from City Council to solicit bids (proposals) from contractors interested in providing concrete repair services for a period of five (5) years, and as budgeted in the City’s adopted Capital Improvement Plan (CIP) for sidewalk, curb, and gutter improvements at that time. In the end, the City awarded a five -year service contract to CB Concrete Company, who – under the terms of the executed service agreement – would provide the labor and equipment services necessary to assist with the City’s concrete repair needs through the end of FY 2022/23.

DISCUSSION

In June 2023, the City reached the end of its five -year contract with CB Concrete Company for concrete repair services. A new contract is required to address sidewalk repair and replacement work for the current fiscal year and beyond. S taff is still working through the inspection and repair schedules for the City’s 16 Maintenance Zones – and the City’s ongoing CIP improvement projects – which will identify the specific locations that need to be addressed in FY 2023/24. Like the previous procurement strategy implemented in 2018, staff plans to solicit proposals from qualified professionals to provide concrete repair services as needed for the City’s routine repairs and upcoming CIP improvements over the next five years.

With the recent approval of the City’s annual budget, staff has prepared a scope of work to solicit proposals from qualified professionals interested in providing concrete repair services to facilitate the City’s concrete maintenance and repair needs. The terms of the proposed service agreement will also be consistent with the amount of funding currently programmed in the City’s 5 -year CIP for its annual sidewalk, curb, and gutter improvements. Based on the project’s CIP allocations for FY 2023/24, staff intends to award a service contract to the lowest, responsive bidder (based on unit costs) in an amount not to exceed $175,000, for a period of up to one (1) year. The contract will also include an option for the City to renew up to four (4) additional one (1) year service contracts, in an amount not to exceed $75,000 per year, for a total of up to five (5) years, as reflected in the project’s remaining CIP allocations for FY 2024/25 through FY 2027/28. The last year of services under these terms would conclude at the end of FY 2027/28.

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A multi-year contract offers several benefits for both the City and prospective contractors – creating interest among vendors and encouraging the submission of proposals with more competitive bid pricing. Meanwhile, this option allows staff to re -evaluate its service needs at the end of each contract year and plan accordingly for subsequent years.

Should budget adjustments be required to accommodate these needs, the contract extensions can be implemented only up to the amount as approved by the City Council.

NEXT STEPS

Currently, staff is requesting authorization from the City Council to solicit bids (proposals) from qualified vendors to provide concrete repair services for the annual sidewalk, curb, and gutter improvements based on the amount of CIP funds allocated in the project’s budget for FY 2023/24; and for Council’s approval to award a one -year service contract, in an amount not to exceed $175,000, to the lowest, responsive bidder (on a unit cost basis) – with options for the City to renew up to four (4) additional one (1) year service contracts, not to exceed $75,000 per year, for a total of up to five (5) years as reflected in the City’s CIP for FY 2024/25 through 2027/28.

In accordance with the City’s purchasing guidelines, staff will complete a comprehensive evaluation of the proposals received and select a contractor based on the results from the lowest, responsive bidder and their qualifications to perform the work.

Furthermore, staff is requesting City Council’s authorization for the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

Contract execution will take place prior to the commencement of work and within the dates specified in the contract’s executed terms of service.

FISCAL IMPACT
The cost of this action will be $175,000 in the current fiscal year - FY 2023/24. The $175,000 figure is consistent with the amount budgeted in the City’s adopted CIP for:
‘Sidewalk, Curb, and Gutter Improvements (Project No. 24 -GG).’ Sufficient funding is available to award this contract and implement services during FY 2023/24.

Additionally, the authority to renew four (4) additional one (1) year service contracts, in an amount not to exceed $75,000 per year, for a total of five (5) years, is also consistent with funding identified in the City’s 5 -year CIP in fiscal years FY2024/25 through FY2027/28.

ALTERNATIVES

1. Do not proceed with solicitation of bids (proposals) for concrete services at this time and defer to a future fiscal year.

2. Direct staff to take alternate action.

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Prepared by:

Carina Shattuck, Administrative Analyst I

Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. Contract Services Agreement (Sample)
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING: 1) THE SOLICITATION OF BIDS FOR CONCRETE REPAIR SERVICES FOR THE CITY’S ANNUAL SIDEWALK, CURB, AND GUTTER IMPROVEMENTS (NO. 24-GG); 2) APPROVAL TO AWARD A SERVICE CONTRACT, IN AN AMOUNT NOT TO EXCEED $175,000, TO THE LOWEST, RESPONSIVE BIDDER FOR A PERIOD OF UP TO ONE (1) YEAR, PLUS OPTIONS FOR THE CITY TO RENEW UP TO FOUR (4) ADDITIONAL ONE (1) YEAR CONTRACTS, NOT TO EXCEED $75,000 PER YEAR, FOR A TOTAL OF UP TO FIVE (5) YEARS; AND 3)

THE CITY MANAGER TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.100 (RESOLUTION/CONSENT)

WHEREAS, the City’s Public Works Department – Maintenance Division has used different methods to repair lifted and/or damaged sidewalks and ensure safe conditions for pedestrian travel throughout the City; and

WHEREAS, during FY 2015/16, the Public Works Department developed a plan that separated the City into 16 Maintenance Zones to improve scheduling practices and management of the City’s routine maintenance activities; and

WHEREAS, although this plan has facilitated a timely and efficient completion of repairs, they require a significant amount of time and resources; and

WHEREAS, to mitigate these impacts, the Public Works Department has contracted its concrete repair work to professional providers which allows for a more timely and cost-effective response to the City’s annual maintenance and repair needs; and

WHEREAS, in 2018, the City awarded a five -year service contract to CB Concrete Company to provide labor and equipment services for the City’s concrete repair needs through the end of FY 2022/23; and

WHEREAS, upon the end of this five-year contract in June of 2023, and after the approval of the City’s annual budget, staff began preparing a scope of work to solicit proposals from qualified professionals interested in providing concrete services to facilitate the City’s next round of repairs and routine maintenance needs; and

WHEREAS, the proposed contract amount(s) and terms of service will be based on the amount of funds currently programmed in the City’s 5 -year CIP for its annual s idewalk, curb, and gutter improvements; and

WHEREAS, staff is requesting authorization from the City Council to solicit bids (proposals) from qualified vendors to provide concrete repair services for the annual sidewalk, curb, and gutter improvements (No. 24-GG), and approval to award a one-year service contract, in an amount not to exceed $175,000, to the lowest, responsive bidder in accordance with the City’s purchasing guidelines, and based on the amount of funds allocated to the project’s CIP budget for FY 2023/24; and

WHEREAS, this contract will include options for the City to renew up to four (4) additional one (1) year service contracts, not to exceed $75,000 per year, for a total of up to five (5) years, as reflected in the allocation of CIP funds for FY 2024/25 through 2027/28; and

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Attachment: Resolution (Concrete Repair)

WHEREAS, staff is also requesting Council’s authorization for the City Manager to subsequently execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and

WHEREAS, the cost associated with this action will be $175,000, however, sufficient funding is available in the project’s CIP budget to award this contract and implement services during FY 2023/24; and

WHEREAS, the authority to renew four (4) additional one (1) year service contracts, in an amount not to exceed $75,000 per year, for a total of five (5) years, is also consistent with funding identified in the City’s 5-year CIP for FY 2024/25 through FY 2027/28; and

WHEREAS, if required, budget adjustments will be made accordingly to accommodate the service needs of future contract years and to offset any impacts on the project’s CIP budget at that time.

NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Campbell hereby authorizes: 1) the solicitation of bids for concrete repair services for the City’s annual Sidewalk, Curb, and Gutter Improvements (No. 24 -GG); 2) the approval to award a service contract, in an amount not to exceed $175,000, to the lowest, responsive bidder, for a period of up to one (1) year, plus options for the City to renew up to four (4) additional one (1) year contracts, not to exceed $75,000 per year, for a total of up to five (5) years; and 3) the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

PASSED AND ADOPTED this _____th day of ________, 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
_________________________________
Anne Bybee, Mayor

ATTEST:
___________________________
Andrea Sanders, City Clerk

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Attachment: Resolution (Concrete Repair)

CONTRACT SERVICES AGREEMENT

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

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

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

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

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

GENERAL TERMS AND CONDITIONS:

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

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

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

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Attachment: Contract Services Agreement (Sample) (Concrete Repair)

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

The foregoing indemnity provisions are intended to fully allocate all risk of liability to third-parties. No other rights of indemnity or contribution shall exist between the parties in law or in equity. The provisions set forth in this section shall survive the termination of this Agreement.

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

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

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

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

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

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

CERTIFICATES OF INSURANCE : CONTRACTOR shall furnish CITY a certificate of insurance, duly authenticated, evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance of copies of policies as may be reasonably required by CITY from time to time. Satisfactory evidence of said coverage shall be required within ten (10) days of award of contract.

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

Interest of CONTRACTOR: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation of master and servant exists between C ITY and undersigned. At all times, CONTRACTOR shall be deemed to be an independent contractor and CONTRACTOR is not authorized to bind the CITY to any contracts or other obligations in executing this agreement. CONTRACTOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY.

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

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Attachment: Contract Services Agreement (Sample) (Concrete Repair)

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

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

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

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

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

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

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

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

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

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

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

ARTICLE X. Time is of the essence in the performance of this cont ract. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements is not finished or completed within the number of working days as set forth in the special provisions, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that the CONTRACTOR will pay to the CITY liquidated damages for each and every calendar day’s delay in finishing the work in excess of the number of working day’s prescribed, in the amount of $______ per day. The CITY further agrees that the CONTRACTOR shall not be assessed liqu idated damages for delay in completion of the project, when such a delay was caused by the failure of the CITY or the owner of

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Attachment: Contract Services Agreement (Sample) (Concrete Repair)

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

the utility to provide for removal or relocation of such utility facilities as set forth in California Government Code Section 4215.

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

Termination: Notwithstanding any other provision of this Agreement, CITY may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to CONTRACTOR of such termination.

In the event of such termination, CONTRACTOR shall have the right and obligation to immediately assemble the work then in progress for the purpose of completing the work and turning over all materials and documents to CITY.

In the event of such termination, CON TRACTOR shall be compensated for all work and services performed to the point of termination in accordance with the payment provisions set forth in Section 2.1, unless the termination is for cause, in which event CONTRACTOR need be compensated only to the extent required by law . .

Dispute Resolution In the event of any dispute between the Parties related to this Agreement or this Project, the Parties agree to first negotiate in good faith toward a resolution with participation by representatives of each Party holding sufficient authority to resolve the dispute . If such dispute cannot be resolved in this manner, before any action or litigation is initiated other than as required to secure lien rights, the dispute shall be submitted to mediation using the American Arbitration Association or another mediator as mutually selected by the Parties. Such mediation shall be completed within a reasonable period of time following either Party's written demand with each Party to bear an equal share of the mediation fees and its own respective attorney and consultant fees and costs.

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Attachment: Contract Services Agreement (Sample) (Concrete Repair)

AGREEMENT
PAGE 5
GENERAL TERMS AND CONDITIONS (CONT.):

CONTRACTOR COORDINATOR and representative for CITY shall be:

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

CONTRACTOR: CITY OF CAMPBELL
By: By:

Title: Title: __________________________________ Contractor License No.:

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Attachment: Contract Services Agreement (Sample) (Concrete Repair)

City
Council
Report

TITLE: Resolution Approving a First Amendment to the Recycling and Waste Reduction Commission (RWRC) Memorandum of Agreement (MOA) Permitting Access to Teleconference Options as Specified in Section 54953(B) of the Ralph M. Brown Act; and Authorization for the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100 (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution: 1) approving a first amendment to the Recycling and Waste Reduction Commission (RWRC) Memorandum of Agreement (MOA) permitting access to teleconference options as specified in Section 54953(b) of the Ralph M. Brown Act; and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

BACKGROUND

The Recycling and Waste Reduction Commission (RWRC) of Santa Clara County provides leadership for countywide planning efforts and works to assure the success of countywide cooperative programs to reduce, reuse, and recycle materials that otherwise would be disposed of in landfills. Members of the RWRC consists of representatives from local agencies and/or municipalities operating under the jurisdiction of Santa Clara County – including the City of Campbell. In 2013, the City Council authorized the City Manager to execute a Memorandum of Agreement (MOA) to implement the City’s participation in the RWRC and receive assistance with orderly and systematic compliance of the area -wide provisions of the Solid Waste program.

Furthermore, the RWRC’s MOA included provisions on teleconference options as they applied to meetings and member participation. At the time, conference (phone) calls were the only teleconference options available to businesses and office -based organizations.

However, the RWRC determined that this was an insufficient form of participation based on the inability to confirm member attendance, identify participants during active conservations/discussions, and document important action items as they occurred on the record. There was also the possibility that technical difficulties and other distractions would impose on the quality, productivity, and/or outcome of a meeting. Therefore, the deciding parties incorporated more stringent language in the RWRC’s finalized MOA to restrict and strongly discourage teleconference (phone) participation.

Item: 6
Category: CONSENT CALENDAR
Meeting Date: September 19, 2023
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Amendment to Recycling and Waste Reduction Commission MOA Page 2 of 3

DISCUSSION

In December of 2020, the Santa Clara County Health Officer ordered local businesses and agencies to begin implementing workplace changes in accordance with the rules and regulations of AB 361 and its creation in response to the state of emergency caused by the COVID -19 pandemic. As a result, limitations were placed on in -person activities and events to help prevent the spread of the virus and ensure the health and safety of the public – permitting agencies to override their existing policies to accommodate these needs. As such, the RWRC was instructed to conduct all meetings virtually in compliance with these mandates and their program operations.

Soon after, the RWRC's Commission, Committees, and Subcommittees began hosting their meetings virtually through the online platform Zoom.

This new arrangement was well -received by attendees as demonstrated by the unprecedented member engagement and improved attendance records. Furthermore, this format reduced staff time and greenhouse gas emissions by eliminating the need for commuting to and from RWRC meetings – all of which contributed to the organization’s environmental conservation efforts. Nevertheless, this overwhelming response was further proof that having a teleconference option with audio and visual components available would facilitate active participation, positive collaborations, and the exchange of valuable information.

In January of 2023, the expiration of AB 361 prompted the Santa Clara County Health Officer to lift its previous order and the restrictions placed on local entities during the height of the pandemic. Subsequently, RWRC staff was instructed to align their meeting procedures with Section 54953(b) from the Ralph M. Brown Act, which permits the inclusion of teleconference participation (including both audio and camera) based on specific predefined conditions. However, the RWRC’s current MOA contains stringent language prohibiting the use of alternative teleconference methods regardless of such circumstances. As a result, the MOA has created a barrier between the RWRC and its ability to incorporate language permitting the use of teleconference options in accordance with the Brown Act’s updated meeting procedures.

Over the last ten years, advancements in technology have facilitated the evolution of teleconference participation – allowing individuals to easily introduce themselves, actively contribute during conservations, share information from their own screens, and engage with others regardless of their individual locations. This also results in greater flexibility as participants can join meetings via online platforms (e.g., Skype, Microsoft Teams, Zoom, etc.) which are available across a wide range of electronic devices equipped with both an audio and visual component (i.e., cell phone, laptop, Chromebook, iPad, etc.) Overall, these advancements have effectively addressed those concerns that were initially used to validate the exclusion of teleconference participation as outlined in the current terms of RWRC’s MOA.

NEXT STEPS
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Amendment to Recycling and Waste Reduction Commission MOA Page 3 of 3

At this time, staff is recommending City Council’s approval of a First Amendment to the RWRC MOA, which in turn will permit access to teleconference options as specified in Section 54953(b) of the Ralph M. Brown Act (see Attachment 2). Should the Council grant its approval, the amendment will incorporate language into the MOA permitting teleconference access to members of the RWRC’s Commission, Committees, and Subcommittees and recognizing this option (alternative) as a valid form of participation.

Furthermore, staff is also requesting City Council ’s authorization for the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

FISCAL IMPACT

There is no fiscal impact associated with the approval of the First Amendment to the RWRC MOA. All costs associated with the City’s participation in RWRC activities are included in the West Valley Solid Waste Management Authority Operating Budget.

Prepared by:

Carina Shattuck, Administrative Analyst I

Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. First Amendment to 2013 RWRC MOA
6 Packet Pg. 47
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

APPROVING A FIRST AMENDMENT TO THE RECYCLING AND WASTE REDUCTION

COMMISSION (RWRC) MEMORANDUM OF AGREEMENT (MOA) FOR ACCESS TO TELECONFERENCE OPTIONS AS SPECIFIED IN SECTION 549553(B) OF THE RALPH M. BROWN ACT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE

SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION

3.20.100 (RESOLUTION/CONSENT)

WHEREAS, in 2013, the City Council authorized the City Man ager to execute a Memorandum of Agreement (MOA) to implement the City’s participation in the Recycling and Waste Reduction Commission (RWRC) and receive assistance with orderly and systematic compliance of the area-wide provisions of the Solid Waste program; and

WHEREAS, the RWRC’s MOA also included language that restricted and discouraged the use of teleconference (phone) participation based on the inability to confirm member attendance, identify participants, and document important action items as they occurred on the record; and

WHEREAS, in December 2020, under the direction of AB 361 and the COVID-19 pandemic, members of RWRC’s Commission, Committee, and Subcommittee s were ordered to continue their operations virtually through video and audio teleconference platforms such as Zoom; and

WHEREAS, the new arrangement was well-received by attendees as demonstrated by the unprecedented member engagement and improved attendance records; and

WHEREAS, in January 2023, AB 361 had expired and prompted the Santa Clara County Health Officer to lift its previous order on various workplace restrictions , thereby withdrawing authorization for the RWRC to conduct meetings virtually via audio and video teleconferencing platforms; and

WHEREAS, subsequently, RWRC staff was directed to update their meeting procedures in accordance with Section 54953(b) of the Ralph M. Brown Act , which permitted the inclusion of teleconference participation (including both audio and camera) based on specific predefined conditions; and

WHEREAS, however, the RWRC’s current MOA contains stringent language prohibiting the use of alternative teleconference methods – creating a barrier between the RWRC and its ability to incorporate language permitting the use of teleconference participation; and

WHEREAS, to implement these updated meeting procedures and access to teleconference options as specified in Section 54953(b) of the Ralph M. Brown Act , staff is recommending City Council’s approval of the First Amendment to the RWRC MOA ; and authorization for the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100

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Attachment: Resolution (Amendment to Recycling and Waste Reduction Commission MOA)

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby : 1) approve a First Amendment to the Recycling and Was te Reduction Commission (RWRC) Memorandum of Agreement (MOA) permitting access to teleconference options as specified in Section 54953(b) of the Ralph M. Brown Act; and 2) authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

PASSED AND ADOPTED this 19th day of September, 2023 , by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

________________________
Anne Bybee, Mayor

ATTEST:

__________________________
Andrea Sanders, City Clerk

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Attachment: Resolution (Amendment to Recycling and Waste Reduction Commission MOA)

First Amendment to MOA revised 7-18-23 Page 1 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee

FIRST AMENDMENT TO AGREEMENT

CREATING THE SANTA CLARA COUNTY

RECYCLING AND WASTE REDUCTION

TECHNICAL ADVISORY COMMITTEE

This FIRST AMENDMENT (“FIRST AMENDMENT”) TO AGREEMENT CREATING THE SANTA

CLARA COUNTY RECYCLING AND WASTE REDUCTION TECHNICAL ADVISORY COMMITTEE (“AGREEMENT”) is entered into and becomes effective on ______________________ (“Effective Date”), by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF GILROY, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MORGAN HILL, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a chartered municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the Sta te of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California.

All the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY."

RECITALS

WHEREAS, PARTIES entered into the AGREEMENT creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (“TAC”);

WHEREAS, pursuant to “Section III, Paragraph C. Attendance From A Remote Location” of the AGREEMENT, member participation in TAC’s meetings virtually through teleconference technology was strongly discouraged;

WHEREAS, starting in December 2020, pursuant to the first state of emergency teleconferencing procedures and subsequently AB 361, PARTIES were routinely meeting virtually through teleconference technology, which continues to support robust participation and communication; and

WHEREAS, PARTIES wish to enter into this FIRST AMENDMENT to revise the language in “Section III, Paragraph C. Attendance From A Remote Location” of the AGREEMENT to remove any indication that participation in TAC meetings virtually through teleconference technology is prohibited or strongly discouraged and allow members to participate in TAC meetings by utilizing teleconference technology, pursuant to the teleconferencing provisions in the Ralph M. Brown Act (Government Code Section 54953(b)) (“Brown Act”).

FIRST AMENDMENT

NOW, THEREFORE, it is agreed among the PARTIES to incorporate the above Recitals hereto, and that the AGREEMENT is hereby amended as follows:

1. Amendment. All terms and conditions of the AGREEMENT, as attached hereto and incorporated

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Attachment: First Amendment to 2013 RWRC MOA (Amendment to Recycling and Waste Reduction Commission MOA)

First Amendment to MOA revised 7-18-23 Page 2 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
herein as Exhibit “1” shall remain in full force and effect except that the following amendment shall be made as set forth below. “Section III, Paragraph C. Attendance From A Remote Location” shall be amended and replaced in its entirety by the following:

“C. Satellite and Auxiliary Teleconferencing Attendance in Meetings.

1. Definitions:

Satellite Locations: Satellite Locations are defined in paragraph 2 below and include designated locations that will be determined in advance by the TAC in consultation with the Administrator.

Auxiliary Locations: Auxiliary Locations are defined in paragraph 3 below and do not include previously designated Satellite Locations and must be approved in advance by the Administrator.

2. Satellite Locations. Meetings of the TAC may be held via video teleconference from multiple Satellite Locations located within Santa Clara County. Each designated Satellite Location will be open to the public, and public comment may be made from all Satellite Locations. The TAC shall comply with all Brown Act teleconferencing requirements, including but not limited to, requiring a quorum of the TAC to participate from Satellite Locations within the TAC’s jurisdiction, posting the agendas at all Satellite Locations, and posting the members’ Satellite Location on the notice and agenda. Satellite Locations, including number and location, shall be determined by the TAC in consultation with the Administrator.

3 Auxiliary Teleconference Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from an Auxiliary Teleconference Location not previously designated as a Satellite Location via teleconferencing technology, provided that an Auxiliary Teleconference Location meeting room or rooms comply with all Brown Act teleconferencing requirements, including, but not limited to, the ability to connect the Auxiliary Teleconference Location to the other locations where TAC members are meeting and the ability for the public to address the TAC directly. The Auxiliary Teleconference Location will be open to the public, and public comment may be made from the separate Auxiliary Teleconference Locations. The agenda shall be posted at each Auxiliary Teleconference Location, and the agenda will include the member’s separate Auxiliary Teleconference Location on the notice and agenda. The member shall comply with all Brown Act teleconferencing requirements.

In such event, the member will notify the Administrator at least seven (7) days in advance of the meeting and request to attend from an Auxiliary Teleconference Location. The Administrator will advise the member if attendance from the Auxiliary Teleconference Location is permissible. If attendance from the Auxiliary Teleconference Location is permissible, the Administrator will comply with all Brown Act teleconferencing requirements, including but not limited to, requiring a quorum of the TAC to participate from teleconferencing locations within the TAC’s jurisdiction.

The member shall be responsible for posting of the agenda and public access at the Auxiliary Teleconference Location.

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Attachment: First Amendment to 2013 RWRC MOA (Amendment to Recycling and Waste Reduction Commission MOA)

First Amendment to MOA revised 7-18-23 Page 3 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
A member who attends a meeting from a separate Auxiliary Teleconference Location outside the jurisdiction of Santa Clara County will not be included in the count to determine a quorum; however, the member's vote will be counted. A member who attends a meeting from a separate Auxiliary Teleconference Location within the jurisdiction of Santa Clara County shall be included in the count to determine the quorum.

Attendance from an Auxiliary Teleconference Location is to be used only in rare cases of unavoidable schedule conflicts. In person and Satellite Location attendance at meetings is strongly preferred and encouraged.

2. Except as amended by this FIRST AMENDMENT, all other applicable terms and conditions of the original Agreement and attachments shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.

3. The unenforceability, invalidity or illegality of any provision(s) of this FIRST AMENDMENT shall not render the other provisions unenforceable, invalid or illegal.

4. The PARTIES may execute this FIRST AMENDMENT in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. The parties agree that an electronic copy of a signed agreement, or an electronically signed agreement, has the same force and legal effect as an agreement executed with an original ink signature. The term “electronic copy of a signed agreement” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed agreement in a portable document format. The term “electronically signed agreement” means an agreement that is executed by applying a verified electronic signature using technology approved by the County.

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

6. This FIRST AMENDMENT is authorized by Article XII, Section G, of the AGREEMENT, which provides that the AGREEMENT may be amended by unanimous written agreement of the PARTIES.

[SIGNATURES ON FOLLOWING PAGE]

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Attachment: First Amendment to 2013 RWRC MOA (Amendment to Recycling and Waste Reduction Commission MOA)

First Amendment to MOA revised 7-18-23 Page 4 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
IN WITNESS WHEREOF, the PARTIES have executed this FIRST AMENDMENT effective as of the date first written above.

COUNTY OF SANTA CLARA, a political subdivision of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ President, Board of Supervisors Deputy County Counsel

CITY OF CAMPBELL, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF CUPERTINO, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF GILROY, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF LOS ALTOS, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager Town Attorney

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Attachment: First Amendment to 2013 RWRC MOA (Amendment to Recycling and Waste Reduction Commission MOA)

First Amendment to MOA revised 7-18-23 Page 5 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee

TOWN OF LOS GATOS, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager Town Attorney

CITY OF MILPITAS, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF MONTE SERENO, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF MORGAN HILL, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF PALO ALTO, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

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Attachment: First Amendment to 2013 RWRC MOA (Amendment to Recycling and Waste Reduction Commission MOA)

First Amendment to MOA revised 7-18-23 Page 6 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee

CITY OF SAN JOSE, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF SANTA CLARA, a chartered municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF SARATOGA, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

CITY OF SUNNYVALE, a municipal corporation of the State of California

Approved as to Form:

Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney

6.b
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Attachment: First Amendment to 2013 RWRC MOA (Amendment to Recycling and Waste Reduction Commission MOA)

City
Council
Report

TITLE: Authorization to Submit County Climate Change Adaptation and Mitigation Grant Application (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution authorizing the Community Development Director to submit a County Climate Change Adaptation and Mitigation Grant application for the Campbell Climate Action Plan.

BACKGROUND
The City Council has identified as a Council Priority the preparation of a Climate Action Plan for the City. As identified in Exhibit A in the FY 2024 Budget, the first action under the Council Priority of Sustainability states
• Support development of Climate Action Plan

This priority is reflected in the adopted FY 2024 workplan for the Community Development Department that identifies the preparation of a Climate Action Plan.

As part of adoption of the 2024 Budget, the Council authorized the creation of a new Environmental Programs Specialist position in the Community Development Department to oversee preparation of the Climate Action Plan. The City is currently completing the recruiting process for this position and once it is filled will subsequently will begin work on the Climate Action Plan.

In August 2023, the County of Santa Clara Office of Public Heal th announced the availability of the Climate Adaptation Mitigation Grant Program (“Grant program”) with a grant submittal deadline of September 29, 2023.

According to the Grant program guidelines and website, the purpose of the grant program is to focus on projects or policies that address extreme heat and / or poor air quality and aim to reduce climate -related health disparities and inequities. Projects and policies must relate to one of the following climate change priority areas:

Item: 7
Category: CONSENT CALENDAR
Meeting Date: September 19, 2023
7 Packet Pg. 56
County Climate Change Adaptation and Mitigation Grant Page 2 of 4 • Revise or implement a Local Hazard Mitigation Plan or safety element addressing climate-related events.
• Develop or implement an urban forestry plan.
• Develop or implement a climate action plan.
• Develop or implement plans or policies to build equitable community resilience and/or climate adaptation strategies.

The grant program has $ 150,000 available to fund cities to participate in the grant funding and the maximum funding amount per city is $50,000.

DISCUSSION

Subject to Council authorization, the City is applying for a Climate Adaptation Mitigation Grant to partially fund the preparation of a Climate Action Plan for Campbell. The grant does not require any match funding, although the City has already allocated $300,000 in the FY 24 Budget to fully fund preparation of the Climate Action Plan. The City has identified specific tasks that the grant can fund within the Climate Action Plan workplan, including community outreach and climate adaptation planning. These tasks will align with the County’s identified priority area of building equitable community resilience through climate adaptation strategies.

Preparation of a Climate Action Plan will include the following key milestones and deliverables –

• Identification and implementation of community stakeholder and a key partner collaboration process accessing important technical expertise and resource support for the process.

• An assessment of the city’s existing Greenhouse Gas Emissions (GHG) and projected future Greenhouse Gas Emissions under business as usual, leveraging existing data resources, including those provided by Silicon Valley Clean Energy.

• An assessment of the potential climate impacts to the Campbell community, including drought, heat impacts, and riverine flooding, utilizing data and analysis prepared by the County Office of Sustainability (Silicon Valley 2.0).

• Comprehensive community and stakeholder outreach with residents, workers, and business owners in the city, including engagement with underserved communities and neighborhoods and those most vulnerable to climate impacts.

7 Packet Pg. 57
County Climate Change Adaptation and Mitigation Grant Page 3 of 4 • Identification of strategies and actions to reduce greenhouse gas emissions, including actions in sectors such as transportation, building energy usage and waste / wastewater management.
• Identification of strategies and actions to prepare the Campbell community to adapt to or to mitigate the impacts of climate change, including heat, drought, and riverine flooding.
• Identification of a prioritized implementation strategy,

FISCAL IMPACTS
Staff is recommending that the City Council authorize the Grant application in the amount of $50,000. If the City is awarded the grant, the grant revenue, grant-related expenditures, and any additional costs to complete the plan, will either be programmed into the FY 2024 Proposed Budget or added later as a budget adjustment; dependent on timing of grant award.

ALTERNATIVES
Do not submit the Climate Adaptation Mitigation Grant to support preparation of a climate action plan.

Prepared by:

Rob Eastwood, Community
Development Director
Approved by:
7 Packet Pg. 58
Brian Loventhal, City Manager
County Climate Change Adaptation and Mitigation Grant Page 4 of 4 Attachment:
a. Resolution - SCCPHD - Climate Change Adaptation and Mitigation Funding 7 Packet Pg. 59
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO SUBMIT A

GRANT APPLICATION FOR CLIMATE CHANGE ADAPTATION AND MITIGATION

FUNDING FOR JURISDICTIONS TO THE SANTA CLARA COUNTY PUBLIC

HEALTH DEPARTMENT CLIMATE AND HEALTH PROGRAM
WHEREAS, the Santa Clara County Public Health Department (SCCPHD) Climate and Health Department has issued a notice of funding for cities within Santa Clara County ; and
WHEREAS, the SCCPHD Climate and Health program is seeking to fund projects from jurisdictions pursuing climate change policies or efforts that address extreme heat and/or poor air quality and aim to reduce climate-related health disparities and inequities; and WHEREAS, SCCPHD has up to $150,000 available to fund cities and will grant a maximum funding award per city of up to $50,000; and
WHEREAS, the Community Development Department is seeking approval to submit a grant a pplication to the SCCPHD Climate and Health program to assist with funding portions of Campbell’s Climate Action and Adaptation Plan; and WHEREAS, should the City Council approve the grant application, any awarded funds received would address the current and future Climate Change and Adaptation needs of the City of Campbell; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell that the Community Development Director is hereby authorized to submit a grant application for Climate Change and Mitigation Funding to the Santa Clara County Public Health Department’s Climate and Health Program to assist with funding portions of Campbell’s Climate Action and Adaptation Plan; and
PASSED AND ADOPTED this XX day of September, 2023, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:

APPROVED:
___________________________________
Anne Bybee, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk

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Attachment: Resolution - SCCPHD - Climate Change Adaptation and Mitigation Funding (County Climate Change Adaptation and Mitigation City
Council
Report
TITLE: Water Tower Lighting Request - Teal Foundation

RECOMMENDED ACTION
That the City Council approve the Teal Foundation's request to light the Campbell Water Tower teal on September 30 to support Ovarian Cancer Awareness Month and to raise awareness of the "Teal Run" on Sunday, October 1 at Campbell Park.

BACKGROUND
September is Ovarian Cancer Awareness Month, and the “Teal Foundation” would like to light the Campbell Water Tower teal on Saturday, September 30 . The Teal Foundation is requesting the Water Tower be lit in support of Ovarian Cancer Awareness Month and to raise awareness about its event, “The Teal Run.” The Teal Run is a 5k run/walk event scheduled for 9:00 am on Sunday, October 1 at Campbell Park. This event is the Teal Foundation’s primary fundraiser.

The Teal Foundation was founded by Laurie DeSimone and her family in October 2014.

The Teal Foundation has raised over $400,000 in the last eight years , which has helped to fund cutting edge research for ovarian cancer , as well as support services for women who are diagnosed with the disease. The Teal Foundation is a 501 (c)(3) non -profit organization and is entirely operated by volunteers.

The City Council has supported the Teal Foundation ’s request to light the Water Tower every September for the past 8 years.

Information about the Teal Foundation and the Teal Run can be found at www.thetealrun.org. (A copy of the Teal Foundation’s application to light the Water Tower is attached to this report.)

DISCUSSION
Council Policy 1.29 provides a process for individuals and organizations to submit Water Tower Lighting requests to the City Council for review and consideration. The policy addresses evaluation criterion that includes appropriate lighting themes, deadlines to submit lighting requests, and reasons(s) for the request. Specifically, the policy provides that the City Council may consider “third party requests at its discretion on a case-by-case basis within reason that benefit the community at-large…” Item: 8
Category: CONSENT CALENDAR
Meeting Date: September 19, 2023
8 Packet Pg. 61
Water Tower Lighting Request - Teal Foundation Page 2 of 2

Staff has reviewed the Teal Foundation’s application and believes that the lighting of the Water Tower will benefit the community at-large in that it will raise awareness of ovarian cancer. Accordingly, staff recommends the City Council approve the request to light the Water Tower teal on Saturday, September 30.

FISCAL IMPACT

The City’s adopted User Fee schedule effective July 1, 2023, includes a Water Tower lighting fee of $150 to help offset the City’s costs associated with the staff time to review, approve, and process the application , as well as any costs associated with the lighting of the Tower.

ALTERNATIVES

1. Not approve the Water Tower Lighting request.

Prepared by:

Diana Johnson, Executive Assistant to the
City Manager

Reviewed by:

Angelique Gaeta, Assistant City
Manager

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Water Tower Themed Lighting Request - Teal Foundation b. Water Tower Lighting Policy Update - Council Policy 1.29 8 Packet Pg. 62

8.a
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Attachment: Water Tower Themed Lighting Request - Teal Foundation (Water Tower Lighting Request - Teal Foundation)

8.a
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Attachment: Water Tower Themed Lighting Request - Teal Foundation (Water Tower Lighting Request - Teal Foundation) ____________________________________________________________________________________ -1-
Water Tower Lighting Policy
9-6-2022

Council Policy 1.29
Campbell Water Tower Lighting Policy

Purpose: The purpose of this policy is to establish protocols for themed lighting of the Campbell Water Tower. Specifically, this policy addresses the following situations:

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

Responsibility:

The City Council may consider special lighting requests by third parties on a case-by -case basis subject to a majority vot e. The Mayor or his/her designee can implement color themes in which to illuminate the Water Tower in special circumstances that occur between council meetings.

Dates and Duration of Illumination:

The Water Tower may be illuminated for federal holidays and events recognized by the City as determined by the City Council . The following table lists the federal holidays, annual events and color themes recognized by the City , and serves as a standing list that can be amended by the City Council as needed.

Event Date* Type Color(s)
New Year’s Day January 1 Federal Holiday White
Martin Luther King, Jr. Day January Federal Holiday Red, White & Blue

Valentine’s Day & Fun Run

February 14
National Custom /
City Event

Red & White
Presidents’ Day February Federal Holiday Red, White & Blue St. Patrick’s Day March 17 National Custom Green
Campbell’s Anniversary March 28 City Event Blue & Gold Earth Day April 22 National Event Green & Blue
National Peace Officers’
Memorial Day

May 15

National Event

Royal Blue
Memorial Day May Federal Holiday Red, White & Blue
Pride Month June (3rd Friday) State Recognition Rainbow Independence Day July 4 Federal Holiday Red, White & Blue Labor Day September Federal Holiday Red, White & Blue
September 11 September 11 National Event Lights Out
Columbus Day October Federal Holiday Red, White & Blue
Halloween October 31 National Custom Orange
Veteran’s Day November Federal Holiday Red, White & Blue Thanksgiving November Federal Holiday Orange, Brown & Yellow Christmas Day December 25 Federal Holiday Red & Green

*Dates for federal holidays will follow dates published in the federal holiday schedule.

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Attachment: Water Tower Lighting Policy Update - Council Policy 1.29 (Water Tower Lighting Request - Teal Foundation)

____________________________________________________________________________________ -2-
Water Tower Lighting Policy
9-6-2022
To the extent possible, the Building Maintenance Division of the Public Works Departmen t will program themed l ighting so that the Water Tower is illuminated automat ically f rom sundown to sunrise as resources and staff schedules allow.

Notwithstanding the dates and special occasions referenced in this policy, the City’s Water Tower will generally remain illuminated in white decorative lighting during evening and nightti me hours during the calendar year. Themed lighting will last for one evening and overnight period from sunset to sunrise unless otherwise directed by the City Council. When the Water Tower is illumin ated, themed lighting is to remain static and not rota te. Given technical challenges of replicating the color black, this color will not be included in any lighting theme unless otherwise directed by the City Council and Mayor.

Third Party Requests:

Not-for-profit agencies, non-governmental organizations , as well as individuals and businesses are considered third parties that are not directly affiliated with the City of Campbell. Third party requests should not be accepted, but t he City Council may consider third party requests at its discretion on a case-by-case basis within reason that benefit the community at -large when placed on the regular meeting agenda subject to majority vote. Such requests must be made to the City Manager’s Office and forwarded to the Council for consideration. Lighting requests made via or including petitions and / or social media campaigns will not be considered.

Themed lighting must not reflect the following:
• Religious organizations, orders, themes and / or events • Ethnic, racial and gender-based organizations, themes and / or events • For profit and private businesses and organizations

Third party requests must be submitted 30 days prior to the requested date and must include:
• The organization’s name
• Description and reasons for request
• Desired date for illumination
• Desired color(s)

If granted by the City, third party requests are subject, but not limited to the following terms:
• There is no automatic agreement renewal for lighting requests as third parties must submit requests for consideration each time, they wish to illuminate the Water Tower • The applicant / contact on the original submitted request will receive written notification, stating a request’s approval or denial via e-mail
• The City of Campbell is under no obligation to provide specific feedback to any individual or organization regarding the status, merit and / or denial of its request Special Circumstances and Other Displays of Recognition:

Any special events and other displays of recogniti on will be considered as needed by the mayor or his or her designee on a very limited basis . Such examples can include, but are not limited to, displays of solidarity (e.g., major tragedy) and celebrating local sports teams, as well as displays of recognition initiated by presidential action from the White House. Themed lighting for such instances will last for one evening and overnight period from sunset to sunrise unless otherwise directed by the mayor or his /her designee, and the decision to light the tower i n these circumstances will be shared with the City Council in advance of the lighting and will be announced in a post on the City’s social media outlets in advance of the lighting.

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Attachment: Water Tower Lighting Policy Update - Council Policy 1.29 (Water Tower Lighting Request - Teal Foundation)

City
Council
Report

TITLE: Accept Donation to Campbell Police Department from Medicare Drop, LLC (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution authorizing the City Manager to accept a donation of $10,000 from Medicare Drop, LLC for the Police Department and for the Finance Director to prepare an associated budget adjustment.

BACKGROUND

Medicare Drop, LLC recently donated a check in the amount of $10,000 to the City of Campbell with the intention of providing a charitable donation to the Campbell Police Department.

DISCUSSION

Medicare Drop, LLC is a local Campbell business that delivers medical equipment and supplies to covered Medica re beneficiaries. The owner and operator of Medicare Drop, LLC is Ryan Sampson, a former recreation leader for the City of Campbell. Medicare Drop, LLC, and Mr. Sampson are looking for ways to provide support for the Campbell Community.

The Police Department would like to accept the charitable donation made by Mr.

Sampson and Medicare Drop, LLC and utilize it for ongoing operational needs.

FISCAL IMPACT

There is no negative fiscal impact to the city.

Prepared by:

Andrea Atkinson, Support Services
Manager
Item: 9
Category: CONSENT CALENDAR
Meeting Date: September 19, 2023
9 Packet Pg. 67
Accept Donation from Medicare Drop LLC Page 2 of 2

Reviewed by:

Gary Berg, Police Chief

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Acceptance of Donation Resolution
b. Budget Adjustment Form
9 Packet Pg. 68
RESOLUTION NO._____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL TO AUTHORIZE THE CITY MANAGER TO ACCEPT A $10,000

DONATION FROM MEDICARE DROP, LLC FOR THE CAMPBELL POLICE

DEPARTMENT AND THE FINANCE DIRECTOR TO PREPARE AN ASSOCIATED

BUDGET ADJUSTMENT

WHEREAS, Medicare Drop, LLC is a local Campbell Business, owned and operated by Ryan Sampson; and

WHEREAS, Medicare Drop, LLC is looking for ways to give back to the Campbell community; and

WHEREAS, Medicare Drop, LLC owner operator Ryan Sampson recently donated a check in the amount of $10,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell authorize the City Manager to accept the donation of $10,000 for the Campbell Police Department and the Finance Director to prepare an associated budget adjustment.

PASSED AND ADOPTED this 19th day of September, by the following roll call vote:

AYES: Councilmembers

NOES: Councilmembers

ABSENT: Councilmembers
APPROVED:

________________________
Anne Bybee, Mayor
ATTEST:

____________________________________
Andrea Sanders, City Clerk

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Attachment: Acceptance of Donation Resolution (Accept Donation from Medicare Drop LLC) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.

September 5, 2023 BA-2
Budget to be Reduced
Fund/Program Account Number Description Amount
Budget to be Increased
Fund/Program Account Number Description Amount

REVENUES
101.605 4965 Other Revenue - Medicare Drop LLC Donation 10,000.00

EXPENDITURES
101.605 7427 Special Departmental - Medical Equipment and Supplies 10,000.00 REASON FOR REQUEST - BE SPECIFIC:

Finance Director Police Chief City Manager
Police Department
Will Fuentes Gary Berg Brian Loventhal
Recognizes donation revenue from Medicare Drop LLC and augments the Police Department budgeted expenditures for the purchase of medical equipment and supplies.
101.605 - Field Services

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Attachment: Budget Adjustment Form (Accept Donation from Medicare Drop LLC)

City
Council
Report

TITLE: Continued Public Hearing to Consider a Resolution, as Directed by the City Council, Approving an Appeal and Overturning the Planning Commission’s Approval of a Variance to Allow Construction of a Single-Family Dwelling with an Attached Accessory Dwelling Unit with Substandard Front - and Street -Yard Setbacks. File No.: PLN - 2022-101. (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution approving an appeal and overturning the Planning Commission’s approval of a Variance.

ENVIRONMENTAL (CEQA) DETERMINATION
This item is Statutorily Exempt under Section 15270(a) of the California Environment Quality Act (CEQA), pertaining to projects which a public agency rejects or disapproves.

BACKGROUND
Project Site: The project site is 3,415 square -foot, sub-standard R-1-6 zoned property, located at the southeast corner of Page Street and Maple Avenue, a block from East Campbell Avenue, shown, below.

Proposed Project : Following an unpermitted demolition and reconstruction of a residential structure on the property, the applicant submitted a Variance application to Item: 10
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: September 19, 2023
10 Packet Pg. 71
68 Page Street - Variance (PLN-2022-101) Page 2 of 4
allow a reduction to the property's front -yard and street -side yard setbacks commensurate with the prior structure.

Project History: Following an appeal of the Planning Commission's February 14, 2023 approval of the Variance application, the City Council held a public hearing on March 21, 2023. The Council directed staff to work with the applicant to revise the plans per its direction. After a continuation of a scheduled May 2, 2023, hearing, the City Council considered the revised materials on July 18, 2023. After deliberation, the Council acted on a 4 -1 vote (Council Member Furtado dissenting) to approve the appeal, overturning the Planning Commission's approval, and directing staff to return with a resolution with findings to deny the Variance (reference Attachment B – Meeting Minutes).

Variance Findings : To grant approval of a Variance, the decision -making body must affirmatively establish all of the required findings established by the City's Zoning Code, which stem from State law ( Government Code § 65906 ). Based on the Council's deliberations, the findings cannot all be established, necessitating denial of the application.

1. The strict or literal interpretations and enforcement of the specified regulation(s) would result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Zoning Code; No. The configuration of the structure proposed by the Variance application incorporates unnecessary design elements that result in a wider and larger residential area than would otherwise be required, particularly the inclusion of two sets of (laundry) washers and dryers in both the primary dwelling and accessory dwelling units, as well as separate bathrooms for each individual bedroom (in addition to a guest bathroom in the primary dwelling unit). Without these elements, no hardship would exist.

2. The strict or literal interpretations and enforcement of the specified regulation(s) would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.

No. Compliance with the required front and street -side setbacks would provide a buildable envelope of 11 -feet wide and 94 -long,1 sufficient for construction of a prefabricated or custom -built home consistent with the property's allowable Lot Coverage and Floor Area Ratio (FAR) limitations.

There are exceptional or extraordinary circumstances or conditions applicable to the subject property (i.e., size, shape, topography) which do not apply generally to other properties classified in the same zoning district;

1 Dimensions assume a minimum private open space (rear yard) of 750 square-feet is provided. If a proposal included an "exempt" ADU, the building envelope would extent 116 feet long as the open space requirement would be not applicable under State ADU laws. 10 Packet Pg. 72
68 Page Street - Variance (PLN-2022-101) Page 3 of 4
No. The property's narrow dimensions are a pre -existing site condition created by a past subdivision of the property rather than the result of a natural or other non-manmade condition. As such, development of the property may be addressed in accordance with the Zoning Code's provisions.

3. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district; and
No. Inclusion of unnecessary design elements has resulted in a self -created hardship from which approval of a Variance would afford the applicant with privileges not enjoyed by owners of comparably zoned properties by allowing encroachment into setbacks in which all other properties must abide by.

4. The granting of the Variance will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity.

Yes. The proposed setbacks would not impair the public health or safety. A condition of approval would have required "red -curbing" of the Maple Avenue frontage to maintain clear sightlines.

PUBLIC COMMENT
No additional correspondence has been received.

NEXT STEPS
Following City Council action, the Department will take necessary enforcement action to compel the property owner to demolish the partially constructed structure as it will now constitute a public nuisance being a "structure which is not completed within a reasonable time or for which the permit for such construction has expired."

With regard to the future of the property, the property owner may seek to construct a new residence (with or without an ADU) in conformance with the Zoning Code setbacks, which would be subject to only ministerial building permit review. A new application for a Variance could be made, however, since this denial is made "with prejudice," a new proposal could not be the "same or substantially similar" as specified by CMC Section

21.56.080. This determination would constitute an interpretation of the Community Development Director subject to appeal to the Planning Commission.

FISCAL IMPACTS

There is no fiscal impact associated with this action.

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68 Page Street - Variance (PLN-2022-101) Page 4 of 4
Prepared by:

Daniel Fama, Senior Planner
Reviewed by:

Rob Eastwood, Community
Development Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. CC Resolution ~ 68 Page St. (Variance Appeal)
b. CC Meeting Minutes
10 Packet Pg. 74

RESOLUTION NO. ____

BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CAMPBELL APPROVING AN APPEAL AND DENYING A

VARIANCE TO ALLOW CONSTRUCTION OF AN
APPROXIMATELY 916 SQUARE -FOOT SINGLE -FAMILY
DWELLING AND A 642 SQUARE-FOOT ATTACHED

ACCESSORY DWELLING UNIT (ADU), WITH A SUBSTANDARD
14 ½ FOOT FRONT -YARD SETBACK AND 5 -FOOT STREET -
SIDE SETBACK FOR PROPERTY LOCATED AT 68 PAGE
STREET. FILE NO.: PLN-2022-101

After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.

After due consideration of all evidence presented, the City Council of the City of Campbell finds as follows with regard to file number PLN-2022-101:

Environmental Finding

1. The action to deny the Proposed Project is Statutorily Exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Public Resource Code Section 21080(b)(5).

Evidentiary Findings

1. The Project Site is zoned R-1-6 (Single-Family Residential – 6,000 sq. ft. min. lot size) on the City of Campbell Zoning Map. As specified by Campbell Municipal Code (CMC) Section 21.08.030.A.1, the intent of the R-1 (Single-Family Residential) Zoning District is to stabilize and protect the residential characteristics of the district and to encourage a suitable environment for domestic home life.

2. The Project Site is designated Low Density Residential (<6 units/gr. acre) on the City of Campbell General Plan Land Use diagram, which provides for creation of detached single-family homes (on lots that are typically 6,000 square feet) with a resulting allowable density of less than 6 units per acre results in a population of approximately one to 15 people per acre.

3. The Project Site is a 3,415 square-foot residential parcel located at southeast corner of Page Street and Maple Avenue.

4. On May 6, 2022, the Building Inspection Division issued a Building Permit (BLD-2022- 191) to allow an "interior remodel [of an existing single-family dwelling] to create total of three (3) bathrooms, one (1) bedroom, one (1) living room, one (1) kitchen and one (1) dining room; property line clean and back flow device are required; replace windows and doors [and to] replace all outside wall to stucco; install pl cleanout; backflow required."

5. On June 30, 2023, the Building Inspection Division issued a "stop work" order because the extent of construction exceed ed the scope of work identified by Building Permit (BLD-2022-191. The extent of the unpermitted construction was to a degree that the

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Attachment: CC Resolution ~ 68 Page St. (Variance Appeal) (68 Page Street - Variance (PLN-2022-101)) City Council Resolution Page 2 of 5
68 Page Street ~ Variance Appeal (PLN-2022-101)
existing single -family residence was functionally demolished such that any reconstruction would constitute c reation of a "new dwelling using portions of the original structure" pursuant to CMC Section 18.32.010 , subject to all codes and standards applicable to new construction as specified by the Campbell Municipal Code.

6. As a "new dwelling using portions of the original structure," the provisions allowing retention and expansion of non -conforming structures, as provided in CMC Sec.

21.58.050, do not apply since th e original structure is no longer in existen ce. As a result, reconstruction of the dwelling must comply with all development standards of the R -1-6 Zoning District specified in CMC 21.08.030 .E, Table 2 -3 (General Development Standards - R-1 Zoning District).

7. The Applicant, desiring to reconstruct the dwelling in the same approximate location as the prior structure with similar substandard street -side and front -yard setbacks, applied for a Variance on August 24, 2022.

8. The Variance application, as revised, seeks to allow construction of a single -family dwelling, inclusive of an attached accessory dwelling unit (ADU), at a substandard front setback back of approximately 14 ½ feet and street-side setback of 5-feet, where a setback of 20-feet and 12-feet, respectively, would otherwise be required.

9. The Variance application was deemed "complete" under the Permit Streamlining Act on December 2, 2022, and therefore is subject to the Zoning Code and General Plan in effect at that time pursuant to CMC Sec. 21.01.050.E.

10. The Variance application was considered by the Planning Commission at its meeting of February 14, 2023, wherein, after closing of the public hearing, adopted Resolution No. 4663, granting approval of the Variance application.

11. A timely Appeal of the Planning Commission's action to approve the Variance application was received on February 23, 2023.

12. The City Council considered the Appeal at its meetings of March 21, 2023, continuing the hearing to July 18, 2023, where after deliberation, the Council voted to approve the Appeal, overturning the Planning Commission's approval, and directing staff to return with a resolution with findings to deny the Variance.

13. After consideration of the evidenced provided in the administrative record and public hearings, the City Council finds that the configuration of the structure proposed by the Variance application incorporates unnecessary design elements that result in a wider and larger residential area than would otherwise be required, particularly the inclusion of two sets of (laundry) washers and dryers in both the primary dwelling and accessory dwelling units, as well as separate bathrooms for each individual bedroom (in addition to a guest bathroom in the primary dwelling unit) .

14. Furthermore, inclusion of unnecessary design elements has resulted in a self-created hardship from which approval of a Variance would afford the Applicant with privileges

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Attachment: CC Resolution ~ 68 Page St. (Variance Appeal) (68 Page Street - Variance (PLN-2022-101)) City Council Resolution Page 3 of 5
68 Page Street ~ Variance Appeal (PLN-2022-101)
not enjoyed by owners of comparably zoned properties by allowing encroachment into setbacks in which all other properties must abide by.

15. Compliance with the required front and street -side setbacks would still provide a usable buildable envelope, especially given the availability of prefabricated homes of similar sizes.

16. The subject parcel's narrow dimensions do not constitute a valid reason for the requested variance. Instead, this site condition can be addressed in accordance with the Zoning Code's provisions.

17. Approval of the Variance would be inconsistent with General Plan Goal LUT -5, and its supporting Pol icy LUT-5.2 and Strategy LUT -5.2a, which encourage the City to preserve and maintain established residential neighborhoods.

Goal LUT-5: Preservation and enhancement of the quality character and land use patterns that support the neighborhood concept.

Policy LUT-5.2: Residential Neighborhoods : Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services.

Strategy LUT-5.2a: Neighborhood Compatibility : Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics.

18. The provisions of CMC Chapter 21.25 (Two-Unit Housing Developments), the City of Campbell's local implementation of Senate Bill No. 9 (2021), may not be exercised to allow reconstruction of the dwelling because the project would have involved demolition a housing structure that had been occupied by a tenant in the last three years. Occupancy of the prior dwelling by a tenant is evidence d by the property's FY2022-2023 Santa Clara County Secured Property Tax Bill and Supplemental Property Tax Bill, both of which indicate that the prior and current property owner did not claim the "Homeowners Exemption," which is a minor reduction of property valuation granted pursuant Rev. & Tax. Code § 218 for owners who reside on a property, indicating that the property was not occupied by the property owner , but rather by a tenant.

Based upon the foregoing findings of fact and pursuant, the City Council further finds and concludes that:

1. The strict or literal interpretations and enforcement of the specified regulation(s) would not result in a practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Zoning Code;

2. The strict or literal interpretations and enforcement of the specified regulation(s) would not deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district;

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Attachment: CC Resolution ~ 68 Page St. (Variance Appeal) (68 Page Street - Variance (PLN-2022-101)) City Council Resolution Page 4 of 5
68 Page Street ~ Variance Appeal (PLN-2022-101)

3. There are not exceptional or extraordinary circumstances or conditions applicable to the subject property (i.e. size, shape, topography) which do not apply generally to other properties classified in the same zoning district;

4. The granting of the Variance would constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district; and

5. The granting of the Variance would be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

THEREFORE, BE IT RESOLVED that the City Council approves an appeal and denies with prejudice a Variance to allow construction of an approximately 916 square -foot single-family dwelling and a 642 square-foot attached accessory dwelling unit (ADU), with a substandard 14 ½ foot front -yard setback and 5 -foot street-side setback, for property located at 68 Page Street, subject to the prohibition of the same or substantially similar development proposal being submitted within twelve months pursuant to Campbell Municipal Code Section 21.56.080.

PASSED AND ADOPTED this _______ day of ________________, 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: CC Resolution ~ 68 Page St. (Variance Appeal) (68 Page Street - Variance (PLN-2022-101))

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Attachment: CC Meeting Minutes (68 Page Street - Variance (PLN-2022-101))

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Attachment: CC Meeting Minutes (68 Page Street - Variance (PLN-2022-101))

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Attachment: CC Meeting Minutes (68 Page Street - Variance (PLN-2022-101))

City
Council
Report

TITLE: Public Hearing to Consider a City -Initiated Text Amendment to the Campbell Municipal Code by Adding Chapter 11.13 for Wireless Communication Facilities in the Public Right -Of-Way (Other Than Small Cell Wireless Facilities); Amending Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right -Of-Way; and Adopting Resolutions to Adopt the Wireless Facility Permitting Guidelines and a Wireless Facility Fee Schedule (Ordinances/Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council: (1) introduce for first reading ordinances adding Chapter 11.13 to the Campbell Municipal Code for Wireless Communication Facilities in the Public Right - of-Way (Other Than Small Cell Wireless Facilities); and amend Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right -of-Way; (2) adopt a resolution: (a) approving the Wireless Facility Permitting Guidelines and (b) authorizing the City Engineer to update the Wireless Facility Permitting Guidelines at any time; and (3) adopt the attached resolution adopting a Fee Schedule for the City’s costs related to wireless communication facilities in the public right-of-way.

BACKGROUND

In November 2019, the City Council approved a text amendment to the Campbell Municipal Code by adding Chapter 11.14 for Small Cell Wireless Communications Facilities in the Public Right -of-Way, as well as adopted resolutions adopting a Small Cell Wireless Facilities Fee Schedule, the Small Cell Permitting Guidelines, and the Small Cell Design Guidelines. These regulations only apply to small cell wireless communication facilities.

In addition to small cell wireless communication facilities, the Public Works Department also receives applications to deploy other wireless facilities (on both City -owned streetlight poles and utility owned poles), as well as applications to modify existing wireless facilities in the public right-of-way.

As with small cell wireless facilities, the City is limited by state and federal laws in its authority to regulate various aspects of other wireless facilities. In general, the federal government regulates wireless communication facilities. The federal government does Item: 11
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: September 19, 2023
11 Packet Pg. 82
Wireless Facilities in the Public Right-Of-Way Page 2 of 7 recognize local zoning authority, however such authority is limited. When regulating wireless communication facilities, local government regulations may not:

1. Unreasonably discriminate between providers of functionally equivalent services; and

2. Explicitly prohibit or effectively prohibit the provision of personal wireless services. (A local requirement is deemed to “effectively prohibit” when it “materially limits or inhibits any competitor’s or potential competitor’s ability to compete in a fair and balanced legal and regulatory environment.”) (47 U.S.C.

Section 332(c)(7)); and

3. Regulate based on environmental effects from radio frequency (RF) emissions to the extent the emissions comply with FCC regulations. (47 U.S.C. Section 332(c)(7)(B)(iv)).

The FCC has implemented certain regulations for wireless facilities, including a set of shot clocks, whereby all City permits and authorizations for a wireless facility must be issued.

Shot
Clock
Application Type
60 Days • Section 6409 Eligible Facilities Request Application (i.e. modification to an existing wireless facility that does not cause a substantial change).1
• Collocation of a small cell wireless facility to an existing structure.
90 Days • Collocation of a non -small cell wireless facility to an existing structure (i.e. rooftop, building façade, etc.).2 • Collocation of a small cell wireless facility on a new structure.
150 Days • Collocation of a non-small cell wireless facility on a new or replacement structure (i.e. tower, monopole, etc.).3

[“Collocation” means adding a wireless facility on any existing structure whether the structure has prior -existing wireless facilities on it or not. This new definition for collocation does not apply to “collocations” under Section 6409 (47 U.S.C § 1455(a); 47 C.F.R. § 1.6100), which still means two wireless facilities in the same location.]

To comply with these shot clock requirements and other FCC regulations, and to streamline the review process of wireless facilities, City staff has developed a new wireless communications ordinance for wireless facilities in the public right -of-way other than small cells.

1 47 CFR 1.6100; 47 USC § 1455(a)).
2 47 CFR 1.6003.
3 47 CFR 1.6003.
11 Packet Pg. 83
Wireless Facilities in the Public Right-Of-Way Page 3 of 7

A. Ordinance- Adding Chapter 11.13 to the Campbell Municipal Code

The proposed ordinance in Attachment 1 would add a new Chapter 11.13 to the Campbell Municipal Code, “Wireless Communication Facilities in the Public Right -of- Way (Other Than Small Cell Wireless Facilities)”.

The ordinance provides the various standards, requirements, and approvals needed to obtain a Wireless Facility Permit. Under the ordinance, the City Engineer (or his or her designee) will review all applications for the permit. The review shall ensure compliance with the City’s adopted Wireless Facility Design Guidelines and Wireless Facility Permitting Guidelines which address visual and aesthetics, noise, access, and public convenience considerations. Furthermore, the review shall confirm that the applicant submitted as part of the application a Radio Frequency (RF) ‐‐Electromagnetic Energy Compliance Report prepared and certified by a licensed California electrical engineer verifying that the facility complies with applicable federal RF human exposure standards and limits per FCC regulations.

Finally, the ordinance includes special provisions for Section 6409(a) approvals for any requests to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public rights -of-way submitted pursuant to Section 6409(a) of the Middle -Class Tax Relief and Job Creation Act of 2012. (Generally speaking, these are applications to modify an existing wireless facility that does not cause a substantial change).

Upon completion of the review process, the City Engineer will approve or deny the Wireless Facility Permit. The City Engineer’s decision may be appealed by any interested party to the Director of Public Works. The Director of Public Works’ decision may then be appealed by any interested party to the City Council. Due to the current federal law, appeals will not be permitted to the extent that the appeal is based on environmental effects from RF emissions that are compliant with all applicable FCC regulations.

B. Amendment to Chapter 11.14 of the Campbell Municipal Code

Staff recommends that the City Council amend Chapter 11.14 “Small Cell Wireless Facilities in the Public Right -of-Way” pursuant to the attached amended ordinance in Attachment 2. The main proposed amendments are as follows:

• Change all references to a “Small Cell Permit” to instead reference the newly proposed city-wide “Wireless Facility Permit”.
• Add cross -references to the newly proposed Chapter 11.13 of the Campbell Municipal Code.
• Update a few definitions and sections to match Chapter 11.13 of the Campbell Municipal Code.

11 Packet Pg. 84
Wireless Facilities in the Public Right-Of-Way Page 4 of 7

C. Resolution-Adopting the Wireless Facility Permitting Guidelines and Authorizing the City Engineer to Update and Amend as Needed.

Currently, the City has been using a Small Cell Wireless Permit form, which only addresses work for small cell wireless facilities in the public right -of-way. In order to provide a more standardized and streamlined process for the development, siting, and installation of all wireless facilities in the public right -of-way, City staff is now proposing a City-wide Wireless Facility Permit. This permit would encompass applications for the following types of work:

• Small Cell Facility –Existing City-Owned Structure
• Small Cell Facility – Existing Utility-Owned or other Non-City-Owned Structure • Small Cell Facility – New/Replacement City-Owned Structure • Small Cell Facility – New Utility-Owned or other Non-City-Owned Structure • Other Wireless Communication Facility
• Permit Renewal
• Eligible Facilities Request pursuant to Section 6409(a) (47 USC §1455(a))

In addition to the Wireless Facility Permit form, City staff has developed the Wireless Facility Permitting Guidelines. On November 5, 2019, the City Council adopted Resolution No. 12522 which approved the Small Cell Permitting Guidelines and the Small Cell Design Guidelines, which both regulate small cell wireless facilities. In order to standardize and to streamline the City’s permit process for all wireless facilities in the public right-of-way, City staff has now developed the Wireless Communication Facility Permitting Guidelines which shall replace the Small Cell Permitting Guidelines and which shall apply to all wireless facilities in the public right-of-way (and not just limited to small cell wireless facilities). The requirements in the Permitting Guidelines provide the process and details for implementing Campbell Municipal Code Chapter 11.13 and Chapter 11.14.

Among other things, the Wireless Communication Facility Permitting Guidelines encourage and recommend the applicant to have a voluntary information conference with the Public Works Department staff before submitting an application. Furthermore, the Permitting Guidelines provide details on all public notice requirements for wireless facilities. Finally, the Permitting Guidelines provide a checklist with all requirements and submittal guidelines, with additional requirements for wireless facilities to be placed on City-Owned Poles or for eligible facilities requests pursuant to Section 6409(a) (47 USC §1455(a)).

City staff proposes that City Council approve the attached resolution in Attachment 3 which shall (a) approve the Wireless Facility Permitting Guidelines and (b) authorize the City Engineer to update or change the Wireless Facility Permitting Guidelines at any time. The Wireless Facility Permitting Guidelines shall supersede and supplant the 11 Packet Pg. 85
Wireless Facilities in the Public Right-Of-Way Page 5 of 7 Small Cell Permitting Guidelines adopted by Resolution No. 12522. (All other provisions adopted by Resolution No. 12522 shall remain in full force and effect, including the Small Cell Design Guidelines).

D. Fee Schedule

Staff recommends that the City Council adopt the attached resolution in Attachment 4 adopting a Fee Schedule to add new licensing, permitting, and administrative fees relating to all wireless facilities in the public right -of-way for both City-owned and Utility- owned poles and incorporate them into the City’s existing Master Fee Schedule. The fees were determined based on reasonable and best efforts to approximate the actual costs of the City’s staff time. The resolution shall also rescind Resolution 12521 which was adopted on November 5, 2019, which only applied to small cell wireless facilities.

The proposed fees and schedules are as follows:

Wireless Facilities on City-Owned Poles
• Annual License Fee Per Pole of $270 per City Pole with an annual increase escalator of 3% and additional administrative fees and costs related to inspecting licensee’s equipment or license area at the hourly rate of $267/hour. • Wireless Facility Permit Application Fee of $9,879 for costs relating to reviewing, processing, plan check, and inspection.
• Master License Administrative Fee of $8,000 for costs by City for the preparation, negotiation, execution, and delivery of the MLA including any future amendment and actions to the MLA.
• Traffic Control Plan Review of $267 per review for minor lane closures, and $1,068 per review for major detours.

Wireless Facilities on Utility-Owned Poles
• Wireless Facility Permit Fee of $5,874, adjusted annually for costs relating to reviewing, processing, plan check, and inspection.
• Traffic Control Plan Review of $267 per review for minor lane closures, and $1,068 per review for major detours.

Note: All fees are subject to annual adjustment.

The Wireless Facility Permit Application Fee differs for wireless facilities proposed on City-Owned Poles and Utility-Owned Poles because of the difference in the costs to the City to review such applications. These fees are based on a reasonable approximation of the number of hours needed for City staff to review each application; the fee for reviewing applications for a wireless facility on a City -owned pole is based on approximately 35 hours of City staff time, and the fee for reviewing applications for a wireless facility on a utility -owned pole is based on approximately 25 hours of City staff time.

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Wireless Facilities in the Public Right-Of-Way Page 6 of 7

ENVIRONMENTAL IMPACT
The proposed ordinance and other proposed actions herein are not considered a “project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378 because the proposals do not have the potential for either a direct or a reasonably foreseeable indirect physical change in the environment. Additionally, the proposal is not a project because the proposal is an “administrative activit[y] of governments that will not result in direct or indirect physical changes in the environment.” (CEQA Guidelines Section 15378(b)(5)). Moreover, even if the proposal were interpreted to be a “project” subject to CEQA, it would be exempt from CEQA review under the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3).

FISCAL IMPACT
The application process will impact General Funded staff resources. Permit Fees, License Fees, and Master License Agreement fees, as well as administrative time to be charged in accordance with the City’s Master Fee Schedule hourly rates is anticipated to reimburse staff time to review and issue the permit and provide inspection services, as well as offset any staff costs associated with the review of such permits.

Prepared by:

Stephanie Hall, Deputy City Attorney
Reviewed by:

Todd Capurso, Director of Public Works
Approved by:

Brian Loventhal, City Manager
Attachment:
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Wireless Facilities in the Public Right-Of-Way Page 7 of 7 a. Ordinance Wireless Facilities in Public ROW
b. Ordinance Chapter 11.14 amendments
c. Resolution Adopting Permitting Guidelines
d. Resolution Adopting Fee Schedule
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Ordinance No. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADDING CHAPTER 11.13 TO THE CAMPBELL MUNICIPAL CODE REGULATING ALL

WIRELESS COMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF-WAY (OTHER

THAN SMALL CELL WIRELESS FACILITIES)

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

SECTION 1. Chapter 11.13 of the Campbell Municipal Code is added to read as follows:

Chapter 11.13

WIRELESS COMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF-WAY (OTHER THAN SMALL CELL WIRELESS FACILITIES)

11.13.010 PURPOSE AND INTENT.

The purpose and intent of this chapter is to reasonably regulate and provide a uniform and comprehensive set of standards and requirements for the orderly development, siting, installation, construction, collocation, modification, operation, maintenance, relocation, and removal of wireless communications facilities in the City of Campbell’s public right-of-way (other than small cell wireless facilities which shall be governed by Chapter 11.14 of the city’s municipal code), consistent with applicable federal and state laws. Due to Section 704 of the Telecommunications Act of 1996 and subsequent Federal Communications Commission Orders, the city is prevented from taking into consideration all citizens’ concerns with respect to the health effects of this technology. Pursuant to 47 U.S.C. 332(c)(7), the city may not regulate the placement, construction, and modification of wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission's regulations concerning such emissions. To the extent permitted by federal law, this chapter seeks to protect and promote public safety, and community welfare, and preserve the city’s character and aesthetic quality, while also providing wireless services. These regulations are further intended to:

A. Require wireless communication facilities in the public right-of-way to have minimal impacts on the city’s streets and sidewalks.

B. Require wireless communication facilities in the public right-of-way to be designed to minimize adverse visual impacts.

These regulations are not intended to, and shall not be interpreted or applied to:

A. Prohibit or effectively prohibit personal wireless services; or

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Attachment: Ordinance Wireless Facilities in Public ROW (Wireless Facilities in the Public Right-Of-Way) B. Unreasonably discriminate among wireless communications providers of functionally equivalent services; or
C. Regulate the placement, construction, or modification of wireless communications facilities based on the environmental effects of radio frequency emissions to the extent that such facilities comply with all applicable FCC regulations concerning such emissions; or D. Prohibit or effectively prohibit any collocation or modification that the city may not deny under applicable California or federal law; or
E. Preempt any applicable California or federal law.

11.13.020 DEFINITIONS.

A. All definitions provided in Chapter 11.14 of the city’s municipal code shall apply to this chapter as well.

B. Additional Definitions. In addition to the definitions in Chapter 11.14, the terms used in this section will have the following meanings as set forth below. Terms not defined in this section or in Chapter 11.14 shall be interpreted to give this chapter its most reasonable meaning and application, consistent with applicable state and federal law.

1. “Wireless Facility Design Requirements” means the aesthetic and design standards for wireless facilities (other than Small Cell Wireless Facilities) approved by the city council, available at https://www.ci.campbell.ca.us/DocumentCenter/View/7649/Wireless- Facility-Design-Requirements----CC-Res-12226?bidId=.

2. “Section 6409(a)” means Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended or superseded.

11.13.030 APPLICABILITY.

A. This chapter applies to:

1. All applications to construct, install, operate, collocate, modify, reconstruct, relocate or otherwise deploy any wireless communication facilities within the city’s public right-of- way, unless exempted in Section 11.13.030(B) below.

2. All wireless facilities, including, without limitation, all new facilities, existing facilities, and modifications to existing facilities proposed after the effective date of this chapter, unless exempted in Section 11.13.030(B) below.

B. This chapter shall not apply to the following facilities:

1. Small Cell Wireless Facilities in the public right of way, which shall be governed and regulated by Chapter 11.14 of the city’s municipal code.

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2. Wireless facilities not proposed or currently located in the public right-of-way, including but not limited to, on private property, or in or on other City of Campbell owned property such as parks, structures, or buildings which are regulated by Chapter 21.34 of the city’s municipal code.

3. Wireless communication facilities used solely for public safety purposes, installed and operated by authorized public safety agencies (e.g. county 911 emergency services, police, sheriff, fire departments, first responder medical services, hospitals, etc.) and any incorporating technologies including, but not limited to, city owned traffic operations technologies.

4. Antennas and wireless communications facilities identified by the FCC or the CPUC as exempt from local regulations.

5. Wireless communications facilities that are suspended, whether embedded or attached, on communication cables or lines that are strung between existing utility poles in compliance with applicable safety codes.

6. Over the Air Receptions Devices (OTARDs) as defined in 47 Code of Federal Regulations (C.F.R.) Section 1.4000 et seq., as may be amended or superseded.

C. Special Provisions for Section 6409(a) Approvals. All requests for approval to collocate, replace, or remove transmission equipment at an existing wireless facility located in the public right-of-way and submitted pursuant to Section 6409(a) will be reviewed under the general Wireless Facility Permit application procedures provided in this chapter, as well as the special Section 6409(a) provisions provided in Section 11.13.100 below. To the extent that the applicant’s request does not qualify for approval under Section 6409(a), the applicant may submit an application for a Wireless Permit under the general provisions in this chapter.

11.13.040 PERMIT REQUIREMENTS

A. Wireless Facility Permit Required. Any applicant seeking to construct, install, modify, maintain, or engage in an activity relating to a wireless communications facility in, on, under, or above the public right-of-way that is subject to this chapter, shall, in addition to any other required permits or authorizations as provided in Section 11.13.040(D) below, obtain a Wireless Facility Permit pursuant to the requirements of this chapter prior to conducting any work related to such wireless communications facility.

B. Wireless Facility Permit Application Form. The applicant shall submit a complete, duly executed Wireless Facility Permit application in a form approved by the Public Works Department, which may be updated from time to time. The application will not be considered duly filed or complete unless submitted in accordance with the requirements of this chapter, the Permitting Guidelines and Wireless Facility Design Requirements. Applicant must pay a Wireless Permit application processing fee as further described in Section 11.13.040(E).

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Attachment: Ordinance Wireless Facilities in Public ROW (Wireless Facilities in the Public Right-Of-Way) C. City Pole License. For any wireless facility proposed to be installed on a city pole controlled by the city and located within the public right-of-way, wireless communications providers are required to enter into a Master License Agreement in a form as approved by the city attorney, for the use of a city pole in a specified license area and pay a license fee subject to the city's fee schedule. Any applicant seeking a Master License Agreement shall additionally pay a Master License Agreement administrative fee subject to the city's fee schedule to reimburse the city for reasonable costs in connection with its preparation, review of, and action upon the request for such an agreement. The applicant seeking a license to use a city pole must also apply for a Wireless Facility Permit. The absence of a city-approved Master License Agreement shall be an independently sufficient basis to deny the application for the Wireless Facility Permit for a city pole.

D. Encroachment Area. The Wireless Facility Permit will authorize the use of a particular location within the public right-of-way to perform work related to a wireless communications facility, referred to as the encroachment area. The Wireless Facility Permit shall specify the encroachment area and an applicant must comply with all the requirements for the encroachment, in addition to other requirements consistent with this chapter, as a condition of approval of the Wireless Facility Permit. Compliance with the requirements for a Wireless Facility Permit will not require approval of a separate encroachment permit under 11.24.150 of the Campbell Municipal Code.

E. Other Permits. In addition to a Wireless Facility Permit, an applicant must also obtain all other required permits and/or other approvals or authorizations from all applicable City of Campbell departments, and/or state or federal agencies, including but not limited to, any applicable building permits, conditional use permit, administrative site permit or architectural review permit that may be required. Any permit granted under this chapter is subject to the conditions and/or requirements of permits or other approvals obtained from city, state, or federal agencies, unless expressly exempted by this chapter or by the City Engineer.

F. Fees. All required fees, security instruments, and cash deposits related to the Wireless Facility Permit, and other required permits and approvals consistent with this chapter must be paid in full or be satisfied before the Wireless Permit may be issued by the city. In addition, city may seek reimbursement of the actual reasonable costs related to licensing, permitting, and administering a wireless communications facility in the public right-of-way as set by the city council. Failure to comply with this provision shall be a basis to deny, revoke, or terminate the Wireless Facility Permit or other applicable permit.

G. Additional Procedures. The city council authorizes the Public Works Director to establish forms and procedures relating to the implementation of this chapter, and determine the amount of and collect, as a condition of the completeness of any application, any fee established by city council relating to this chapter.

11.13.050 REQUIRED APPROVALS.

A. All wireless communications facilities in the public right-of-way shall:

1. Comply with all applicable State and Federal laws including but not limited to the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and all applicable

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Attachment: Ordinance Wireless Facilities in Public ROW (Wireless Facilities in the Public Right-Of-Way) health and safety requirements, including but not limited to Public Utilities Commission General Order 95, and as these rules may be amended or superseded.

2. Comply with all applicable conditions of the Wireless Facility Permit issued by the city.

3. Be designed, modified, maintained or otherwise, to minimize visual, noise, impediments to access, and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the Permitting Guidelines and Wireless Facility Design Requirements.

4. Be consistent with Sections 7901 and 7901.1 of the Public Utilities Code.

5. Comply with all applicable local and state building codes, including building code structural requirements and all applicable rules and laws, including the Permitting Guidelines and Wireless Facility Design Requirements.

6. Comply with all applicable federal RF exposure standards and exposure limits.

11.13.060 REVIEW PROCESS.

A. A Wireless Facility Permit application shall comply with this chapter and any other written rules and policies the city may adopt consistent with this chapter, including but not limited to, the Permitting Guidelines and Wireless Facility Design Requirements.

B. The City Engineer, or his or her designee, shall review all applications for the Wireless Facility Permit. The Wireless Facility Permit shall be acted on within all processing timelines required by any applicable state or federal laws, or other applicable timelines.

11.13.070 APPROVALS AND DENIALS; NOTICES.

A. Decision. The City Engineer shall approve, conditionally approve, or deny a complete application for a Wireless Facility Permit.

B. Required Findings for Approval. The City Engineer may approve or conditionally approve a complete Wireless Facility Permit application for a wireless communications facility when the City Engineer finds:

1. The applicant and/or the proposed facility complies with all applicable requirements of this chapter;

2. The application is deemed complete by the City Engineer, and complies with the applicable Permitting Guidelines;

3. The proposed project complies with all applicable design standards in the city's adopted Wireless Facility Design Requirements as determined by the City Engineer;

4. The applicant has demonstrated that the proposed project will be in compliance with all applicable health and safety regulations, which include without limitation the Americans with Disabilities Act and all FCC regulations and guidelines for human exposure to RF emissions;

5. The proposed facility will not incommode the public use of the public right-of-way;

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6. The proposed construction plan and schedule will not unduly interfere with the public's use of the public right-of-way; and

7. The proposed wireless facility is in compliance with all federal and state standards and laws.

C. Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or California laws, and the Permitting Guidelines, nothing in this chapter is intended to limit the ability of the City Engineer to conditionally approve or deny without prejudice any application for a Wireless Facility Permit as may be necessary or appropriate to ensure compliance with this chapter.

D. Decision Notices. Before the expiration of any applicable FCC Shot Clock, the City Engineer shall notify the applicant pursuant to any FCC requirements.

E. No Possessory Interest. No possessory interest is created by a Wireless Facility Permit.

11.13.080 CONDITIONS OF APPROVAL.

A. Fees. The applicant for a wireless communications facility shall be subject to all applicable fees and charges for wireless communications facilities and the Wireless Facility Permit, which shall be determined by resolution adopted by the city council. If no resolution has been adopted, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to reimburse the city for its reasonable costs incurred in connection with the application within ten (10) days after the city issues a written demand for reimbursement.

Applicant shall also be responsible for paying all electrical service costs associated with the wireless communications facility installation and operation.

B. Inspection and reporting. The permittee under the Permit, when directed by the city, must perform an inspection of the wireless facility and submit a report to the Public Works Department on the condition of the wireless facility to include any identified concerns and corrective action taken or to be taken. The permittee shall also maintain and repair the wireless facility at its sole expense during its placement in the public right-of-way. The permittee must correct or repair the wireless facility within thirty (30) days after the city’s notice for corrective action; after which the city reserves the right to take any action it deems necessary, which may include revocation of any applicable permit(s). The permittee is responsible for any costs associated with necessary actions performed by the city due to permittee’s failure to comply with this section and with the Permitting Guidelines. The permittee has the burden to demonstrate compliance with this chapter.

C. The applicable permit(s) may be rescinded or automatically expire if construction is not completed pursuant to the Permit conditions within one (1) year of the Permit approval or issuance date. The applicant may not renew the Permit or resubmit an application to develop a wireless facility at the same location for six (6) months from date of rescission.

D. Abandonment. Wireless facilities no longer used to provide service shall be removed by the last known owner of record of such wireless facility, at the sole cost of said owner and to the satisfaction of the city.

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Attachment: Ordinance Wireless Facilities in Public ROW (Wireless Facilities in the Public Right-Of-Way) E. Existing Agreements. Existing agreements regarding the leasing or licensing of a city pole, city infrastructure, or city property entered into before the operative date of this section remain in effect, subject to applicable termination provisions.

F. The city may adopt a resolution to reserve capacity for future city uses on vertical infrastructure based on substantial evidence in the record.

11.13.090 REVOCATION.

Any permit or other authorized use of the public right-of-way granted under this chapter may be revoked or modified for cause in accordance with the provisions of this section. (a) Revocation proceedings may be initiated by the City Engineer. (b) Action. The City Engineer shall act on the proposed revocation after the time for any appeal has lapsed.
(c) Required Findings. The City Engineer may revoke or modify the Permit if it makes any of the following findings:
(1) The permittee obtained the approval by means of fraud or misrepresentation of a material fact;
(2) The permittee, in the sole discretion of the City Engineer, substantially expanded or altered the use or structure beyond what is set forth in the Permit or substantially changed the installation's character;
(3) The use in question has ceased to exist or has been suspended or abandoned; (4) Failure to comply with any condition of a permit issued; (5) Failure to comply with this chapter;
(6) A substantive change of law affecting a utility's authority to occupy or use the public right-of-way or the city's ability to impose regulations relating to such occupation or use; (7) A wireless facility's interference with a city project which seeks to protect and promote public safety and health, and community welfare;
(8) A wireless facility's interference with vehicular or pedestrian use of the public right-of- way; or
(9) Failure to make a safe and timely restoration of the public right-of-way. (d) Notice of action. The City Engineer shall issue a written determination of revocation and mail the determination to the permittee within ten (10) calendar days of such determination. (e) A permittee whose permit or right has been revoked may have the revocation reviewed, upon written appeal as set forth in Section 11.13.110.

11.13.100 SPECIAL PROVISIONS FOR SECTION 6409(a) APPROVALS.

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Attachment: Ordinance Wireless Facilities in Public ROW (Wireless Facilities in the Public Right-Of-Way) A. Applicability. This section applies to all requests for approval to collocate, replace, or remove transmission equipment at an existing wireless tower or base station located in the public rights- of-way submitted pursuant to Section 6409(a).

B. Additional Section 6409(a) Definitions. In addition to the definitions in Section 11.13.020, the terms used in this section will have the following meanings as set forth below. Terms not defined in this section shall be interpreted to give this chapter its most reasonable meaning and application, consistent with applicable state and federal law.

1. “Eligible Support Structure means the same as defined by the FCC in 47 C.F.R. §

1.6100(b)(4), as may be amended.

2. “Existing” means the same as defined in 47 C.F.R. § 1.6100(b)(5), as may be amended.

3. “Section 6409(a) request” means any request to collocate, replace, or remove transmission equipment at an existing wireless tower or base station located in the public right-of-way submitted pursuant to Section 6409(a).

4. “Substantial change” or “substantially change” means the same as defined in 47 C.F.R. §

1.6100(b)(7), as may be amended.

5. “Tower” means the same as defined in 47 C.F.R. § 1.6100(b)(9), as may be amended.

6. “Transmission equipment” means the same as defined in 47 C.F.R § 1.6100(b)(8), as may be amended.

C. Required Approval. Any Section 6409(a) request submitted with a written request for approval under Section 6409(a) as indicated in the city’s Wireless Facility Permit application form, shall require approval of a Wireless Facility Permit under the general standards and procedures of this chapter, as well as any additional Section 6409(a) special provisions as provided in this Section and the Permitting Guidelines.

D. Additional Required Findings for Section 6409(a) Request Approval. The City Engineer may approve or conditionally approve a Section 6409(a) request when the City Engineer finds that the proposed project meets the approval requirements in this chapter and the Permitting Guidelines, as well as the following additional required findings:

1. Involves collocation, removal, or replacement of transmission equipment on an existing wireless tower or base station;

2. Does not substantially change the physical dimensions of the existing wireless tower or base station; and

3. Remains in compliance with all applicable FCC RF standards.

E. Criteria for Denial without Prejudice. Notwithstanding any other provision in this chapter, and consistent with all applicable federal laws and regulations, the City Engineer may deny without prejudice any Section 6409(a) request when the City Engineer finds that the proposed project:

1. Does not meet the findings required in subsection (D) above;

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2. Involves the replacement of the entire eligible support structure; or

3. Violates any legally enforceable and generally applicable building, structural, electrical, and safety codes, or other laws codifying objective standards reasonably related to health and safety.

F. Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this section is intended to limit the city’s authority to conditionally approve an application for a Section 6409(a) request to protect and promote the public health and safety.

G. Appeals. Any applicant may appeal the City Engineer’s written decision to deny without prejudice an application for Section 6409(a) approval in compliance with 11.13.110 below.

11.13.110 APPEALS.

The applicant or any interested person or entity may file an appeal to the Director of Public Works of any decision made by the City Engineer under this chapter in accordance with the appeals process provided in Section 11.14.100 of the Campbell Municipal Code.

11.13.120 ATTORNEYS’ FEES.

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

11.13.130 REVIEW OF ORDINANCE.

Wireless communications technology is currently subject to rapid change. Innovations may render the need for specific sections of this chapter to be reviewed and revised. The city council may amend this chapter or its rules and policies by resolution after a change to the FCC’s regulations or standards, or any applicable state or federal laws, or whenever it deems necessary to do so.

11.13.140 SEVERABILITY.

If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

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Attachment: Ordinance Wireless Facilities in Public ROW (Wireless Facilities in the Public Right-Of-Way) SECTION 2. This ordinance shall become effective thirty (30) days following its passage and adoption, and shall be published within fifteen (15) days upon passage and adoption in a newspaper of general circulation in the City of Campbell, County of Santa Clara.

PASSED AND ADOPTED this ___ day of ________ 2023, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED: ____________________
Anne Bybee, Mayor

ATTEST:______________________________
Andrea Sanders, City Clerk

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Attachment: Ordinance Wireless Facilities in Public ROW (Wireless Facilities in the Public Right-Of-Way) Ordinance No. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 11.14 OF THE CAMPBELL MUNICIPAL CODE REGULATING SMALL CELL

WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY

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

SECTION 1. Chapter 11.14 of the Campbell Municipal Code shall be amended to read as follows, with strikethroughs (strikethroughs) indicating deleted text and underlining (underlining) indicating newly added text:

Chapter 11.14 - SMALL CELL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY

11.14.010 - Purpose and intent.

The purpose and intent of this chapter is to reasonably regulate and provide a uniform and comprehensive set of standards and requirements for the orderly development, siting, installation, construction, collocation, modification, operation, maintenance, relocation, and removal of small cell facilities in the City of Campbell's public right-of-way, consistent with applicable federal and state laws. Due to Section 704 of the Telecommunications Act of 1996 and subsequent Federal Communications Commission Orders, the cCity is prevented from taking into consideration all citizens' concerns with respect to the health effects of this technology.

Pursuant to 47 U.S.C. 332(c)(7), the cCity may not regulate the placement, construction, and modification of wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission's regulations concerning such emissions. To the extent permitted by federal law, this chapter seeks to protect and promote public safety, and community welfare, and preserve the cCity's character and aesthetic quality, while also providing wireless services. These regulations are further intended to:
(a)Require small cell facilities in the public right-of-way to have minimal impacts on the city's streets and sidewalks.
(b)Require small cell facilities in the public right-of-way to be designed to minimize adverse visual impacts.

These regulations are not intended to, and shall not be interpreted or applied to:
(a)Prohibit or effectively prohibit personal wireless services; or (b)Unreasonably discriminate among wireless communications providers of functionally equivalent services; or

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Attachment: Ordinance Chapter 11.14 amendments (Wireless Facilities in the Public Right-Of-Way) (c)Regulate the placement, construction, or modification of small cell facilities based on the environmental effects of radio frequency emissions to the extent that such facilities comply with all applicable FCC regulations concerning such emissions; or (d)Prohibit or effectively prohibit any collocation or modification that the city may not deny under applicable California or federal law; or
(e)Preempt any applicable California or federal law.

11.14.020 - Definitions.
(a)The following definitions only apply to this chapter and shall not be construed to define the same terms found in any other section of this code. As used in this chapter, the following terms shall have the meaning set forth below.
"Antenna" means a device or system of wires, poles, rods, dishes, discs, or similar devices used to transmit and/or receive radio or electromagnetic waves. "Base station" means the same as defined in 47 C.F.R. §1.6100(b)(1), as may be amended or superseded.
"City" means the City of Campbell.
"City Engineer" means the City Engineer of the City of Campbell. "Code" means the City of Campbell Municipal Code, as may be amended. "Collocation" means the same as defined by the FCC in 47 CFR §1.6002(g), as may be amended or superseded. "CPUC" means the California Public Utilities Commission, or its duly appointed successor agency.
"Existing" means the same as defined by the FCC in 47 C.F.R. §1.6100(b)(5), as may be amended or superseded.
"FCC" means the Federal Communications Commission or its duly appointed successor agency. "FCC Shot Clock" means the time frame within which the city generally must act on a given wireless application, as defined by the FCC and as may be amended or superseded. "Incommode the public use" means to unreasonably hinder, impede, or obstruct the public use; or to unreasonably subject the public use to inconvenience or discomfort, as used in California Public Utilities Code §7901.
"Permit" or "Small Cell Wireless Facility Permit" means the Small Cell Wireless permit issued by the Public Works Department for any work required in the public right-of-way for the installation or in support or otherwise related to a small cell wireless communication facility. consistent with the Small Cell Permitting Guidelines and Small Cell any applicable city design guidelines. This Permit may functionally include the approval of various other city permits, if applicable, including a street opening permit, a concrete permit, an electrical permit, and an encroachment permit.

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Attachment: Ordinance Chapter 11.14 amendments (Wireless Facilities in the Public Right-Of-Way) "Permitting Guidelines" means the Small Cell Wireless Facility Permitting Guidelines approved by the city council, and available on the cCity's website, consistent with this chapter. "Personal wireless service facilities" has the same meaning as provided in 47 U.S.C. § 332(c)(7)(C)(ii), as may be amended or superseded.
"Personal wireless services" has the same meaning as provided in 47 U.S.C. §332(c)(7)(C)(i), as may be amended or superseded.
"Public Right-of-Way" or "City Right-of-Way" means any right-of-way under the ownership or control of the city of Campbell and in its jurisdictions, which shall include, but not be limited to, public streets, sidewalks, curbs, roadways, highways, or alleys, and all extensions thereof. The public right-of-way shall not include other city property such as, but not limited to, parks or structures. Public way, public alley, or public place and the space on, above or below it, and all extensions thereof, and additions thereto, under the ownership or control of the City of Campbell and in its jurisdiction.
"Public Works Director" means the Director of Public Works of the City of Campbell or his or her designee.
"RF" means radio frequency.
"Section 6409(a)" means Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended or superseded.
"Small Cell Design Guidelines" means the aesthetic and design standards for small cell wireless facilities approved by the city council, consistent with this chapter. "Small Cell Wireless Facilities" or "Small Cell Facility(ies)" means the same as defined by the FCC in 47 C.F.R. §1.6002(l), as may be amended or superseded, regardless of whether these facilities are located on wood utility poles or cCity-owned poles. "Stealth technologies/techniques" are camouflaging methods applied to wireless communications facilities which render them visually inconspicuous.
"Visual impact" means the placement or design of a wireless communications facility or the associated equipment such that they are not screened or shielded or are plainly visible and are likely to be noticeable or otherwise conspicuous.
"Wireless" mean any FCC-licensed or authorized wireless communications service transmitted over frequencies in the electromagnetic spectrum.
"Wireless communications facility(ies)" or "wireless facility(ies)" means an installation used to transmit signals over the air from facility to facility or from facility to user equipment for any wireless service and includes, but is not limited to, personal wireless services facilities. The term "wireless communications facilities" encompasses facilities that send, transmit, and/or receive radio frequency signals, AM/FM, microwave, and/or electromagnetic waves for the purpose of providing voice, data, images, or other information, including, but not limited to, cellular and/or

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Attachment: Ordinance Chapter 11.14 amendments (Wireless Facilities in the Public Right-Of-Way) digital telephone service, personal communications services, and paging services. Wireless communications facilities include, without limitation, antennas and all other types of equipment for the transmission or receipt of such signals; towers or similar structures built to support such equipment; equipment cabinets, base stations, generators, cables, conduits, and other accessory development and support features; and screening and concealment elements. Also referred to as a "facility(ies)."
"Wireless communications provider" is any company or organization that provides or who represents a company or organization that provides wireless communications services. (Also referred to as "service provider").
(b)Terms not defined in this section shall be interpreted to give this chapter its most reasonable meaning and application, consistent with applicable state and federal law.

11.14.030 - Applicability.
(a)This chapter applies to:
(1)All applications to construct, install, operate, collocate, modify, reconstruct, relocate or otherwise deploy small cell wireless facilities within the public right-of-way, except as provided otherwise in this chapter below.
(2)All small cell facilities, including, without limitation, all new small cell facilities, existing small cell facilities, and modifications to existing small cell facilities proposed after the effective date of this chapter, unless the small cell facility qualifies for an exemption. (b) This chapter shall not apply to the following facilities:
(1)Facilities Small cell facilities not proposed or currently located in the public right-of-way, including but not limited to, on private property, or in or on other city-owned property such as parks, structures, or buildings, which are regulated by Chapter 21.34 of the city’s municipal code.
(2) All Wireless Facilities other than small cell facilities, located in the public right-of-way, which shall be regulated by Chapter 11.13 of the city’s municipal code. (23)Small cell Wireless communication facilities used solely for public safety purposes, installed and operated by authorized public safety agencies (e.g. county 911 emergency services, police, sheriff, fire departments, first responder medical services, hospitals, etc.) and any incorporating technologies including, but not limited to, cCity owned traffic operations technologies.
(34)Antennas and wireless communications facilities identified by the FCC or the CPUC as exempt from local regulations.
(4)Small cell wireless facilities that are suspended, whether embedded or attached, on communication cables or lines that are strung between existing utility poles in compliance with applicable safety codes.

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Attachment: Ordinance Chapter 11.14 amendments (Wireless Facilities in the Public Right-Of-Way) (5) Over the Air Receptions Devices (OTARDs) as defined in 47 Code of Federal Regulations (C.F.R.) Section 1.4000 et seq., as may be amended or superseded.

11.14.040 - Permit requirements.
(a)Small Cell Wireless Facility Permit Required. Any applicant seeking to construct, install, modify, maintain or engage in an activity relating to a small cell facility in, on, under, or above the public right-of-way that is subject to this chapter, shall obtain a Small Cell Wireless Facility Permit pursuant to the requirements of this chapter prior to conducting any work related to such wireless communications small cell facility.
(b)Permit Application Form. The applicant shall submit a complete, duly executed Small Cell Wireless Facility Permit application in a form approved by the Public Works Department, which may be updated from time to time. The application will not be considered duly filed or complete unless submitted in accordance with the requirements of this chapter, the Permitting Guidelines, and the Small Cell Design Guidelines. Applicant must pay a Permit application processing fee as set by the city's fee schedule further described in section 11.14.040 (e) below, at the time the application is submitted.
(c)City Pole License. For any small wireless facility proposed to be installed on a city pole controlled by the city and located within the public right-of-way, wireless communications providers are required to enter into a Master License Agreement in a form as approved by the city attorney, for the use of a city pole in a specified license area and pay a license fee subject to the city's fee schedule. Any applicant seeking a Master License Agreement shall additionally pay a Master License Agreement administrative fee subject to the city's fee schedule to reimburse the city for reasonable costs in connection with its preparation, review of, and action upon the request for such an agreement. The applicant seeking a license to use a city pole must also apply for a Small Cell Wireless Facility Permit. The absence of a city-approved Master License Agreement shall be an independently sufficient basis to deny the application for the Small Cell Wireless Facility Permit for a city pole.
(d)Encroachment Area. The Wireless Facility Permit will authorize the use of a particular location within the public right-of-way to perform work related to a small cell wireless facility, referred to as the encroachment area. The Wireless Facility Permit shall specify the encroachment area and an applicant must comply with all the requirements for the encroachment, in addition to other requirements consistent with this chapter, as a condition of approval of the Wireless Facility Permit. Compliance with the requirements for a Permit will not require approval of a separate encroachment permit under 11.24.150 of the Campbell Municipal Code. (e)Other Permits. In addition to a Wireless Facility Permit, an applicant must also obtain all other required permits and/or approvals or authorizations from all applicable city departments, and/or state or federal agencies, including but not limited to, any applicable building permits, conditional use permit, administrative site permit, or architectural review permit that may be required. When a Permit requires the approval of other city permits, the City Engineer may review and approve such other applicable city permits, as part of the approval process for the Permit. Except for these permits referenced herein or in the Permitting Guidelines, the applicant

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Attachment: Ordinance Chapter 11.14 amendments (Wireless Facilities in the Public Right-Of-Way) may be required to separately obtain other additional permits or approvals from the city, state, or federal agencies. Any permit granted under this chapter is subject to the conditions and/or requirements of permits or other approvals obtained from city, state, or federal agencies, unless expressly exempted by this chapter or by the City Engineer. (f)Fees. All required fees, security instruments, and cash deposits related to the Wireless Facility Permit, the Master License Agreement, the City Pole license, and other required permits and approvals consistent with this chapter must be paid in full or be satisfied before the Wireless Facility Permit may be issued by the city. In addition, city may seek reimbursement of the actual reasonable costs related to licensing, permitting, and administering small cell wireless facilities in the public right-of-way at an applicable hourly rate as set by the city council. Failure to comply with this provision shall be a basis to deny, revoke, or terminate the Wireless Facility Permit, the Master License or other applicable permit.
(g)Additional Procedures. The city council authorizes the Public Works Director to establish forms and procedures relating to the implementation of this chapter, and determine the amount of and collect, as a condition of the completeness of any application, any fee established by city council relating to this chapter.

11.14.050 - Required approvals.
(a) All small cell facilities in the public right-of-way shall:
(1) Comply with all applicable State and Federal laws including, but not limited to, the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and all applicable health and safety requirements, including, but not limited to, Public Utilities Commission General Order 95, and as these rules may be amended or superseded. (2) Comply with all applicable conditions of the Wireless Facility Permit issued by the city. (3) Be designed, modified, maintained or otherwise, to minimize visual, noise, impediments to access, and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the Permitting Guidelines and Small Cell Design Guidelines. (4) Be consistent with Sections 7901 and 7901.1 of the Public Utilities Code. (5) Comply with all applicable local and state building codes, including building code structural requirements and all applicable rules and laws, including the Permitting Guidelines and Small Cell Design Guidelines.
(6) Comply with all applicable federal RF exposure standards and exposure limits.

11.14.060 - Review process.
(a)The city shall not approve any request for a Permit except upon a complete and duly filed application on the then-current form prepared by the city. The A Wireless Facility Permit application shall comply with this chapter and any other written rules and policies the city may adopt consistent with this chapter, including but not limited to, the Permitting Guidelines and the Small Cell Design Guidelines.

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Attachment: Ordinance Chapter 11.14 amendments (Wireless Facilities in the Public Right-Of-Way) (b)The City Engineer shall review all applications for the Permit. The review process shall include: review of a RF report, whereby the City shall the verify that the RF exposure compliance report is prepared and certified by a California Registered Electrical Engineer who concluded that the proposed facility and any cumulative emissions from adjacent areas will comply with applicable federal RF human exposure standards and limits; visual and aesthetics, noise, access, and public convenience considerations; and review to ensure compliance with the Small Cell Design Guidelines and Permitting Guidelines, and all other applicable laws. (c) The Permit shall be acted on within all processing timelines required by the FCC Shot Clocks, applicable state or federal laws, or other applicable timelines.

11.14.070 - Approvals and denials; notices.
(a)Decision. The City Engineer shall approve, conditionally approve, or deny a complete application for a Small Cell Wireless Facilitiesy Permit. (b)Required Findings for Approval. The City Engineer may approve or conditionally approve a complete Wireless Facility Permit application for a small cell facility when the City Engineer finds:
(1)The proposed project meets the definition for a "small cell facility" as defined by the FCC; (2)The applicant and/or the proposed small cell facility complies with all applicable requirements of this chapter;
(3)The application is deemed complete by the City Engineer, and complies with the Permitting Guidelines;
(4)The proposed project complies with all applicable design standards in the city's adopted Small Cell Design Guidelines as determined by the City Engineer; (5)The applicant has demonstrated that the proposed project will be in compliance with all applicable health and safety regulations, which include without limitation the Americans with Disabilities Act and all FCC regulations and guidelines for human exposure to RF emissions; (6)The proposed small cell facility will not incommode the public use of the public right-of-way; (7)The proposed construction plan and schedule will not unduly interfere with the public's use of the public right-of-way; and
(8)The proposed small cell facility is in compliance with all federal and state standards and laws. (c)Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or California laws, and the Permitting Guidelines, nothing in this chapter is intended to limit the ability of the City Engineer to conditionally approve or deny without prejudice any application for a Permit as may be necessary or appropriate to ensure compliance with this chapter. (d)Decision Notices. Before the expiration of the any applicable FCC Shot Clock, the City Engineer shall notify the applicant pursuant to any FCC requirements.

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Attachment: Ordinance Chapter 11.14 amendments (Wireless Facilities in the Public Right-Of-Way) (e)No Possessory Interest. No possessory interest is created by a Wireless Facility Permit.

11.14.080 - Conditions of approval.
(a)Fees. The applicant for a small wireless facility shall be subject to all applicable fees and charges for small cell wireless facilities and the Wireless Facility Permit, which shall be determined by resolution adopted by the city council. If no resolution has been adopted, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to reimburse the city for its reasonable costs incurred in connection with the application within ten (10) days after the city issues a written demand for reimbursement. Applicant shall also be responsible for paying all electrical service costs associated with the small cell facility installation and operation.
(b)Inspection and reporting. The permittee under the Permit, when directed by the city, must perform an inspection of the small cell facility and submit a report to the Public Works Department on the condition of the small cell facility to include any identified concerns and corrective action taken or to be taken. The permittee shall also maintain and repair the small cell facility at its sole expense during its placement in the public right-of-way. The permittee must correct or repair the small cell facility within thirty (30) days after the city's notice for corrective action; after which the city reserves the right to take any action it deems necessary, which may include revocation of any applicable permit(s). The permittee is responsible for any costs associated with necessary actions performed by the city due to permittee's failure to comply with this section and with the Permitting Guidelines. The permittee has the burden to demonstrate compliance with this chapter.
(c)The applicable permit(s) may be rescinded or automatically expire if construction is not substantially commenced completed pursuant to the Wireless Facility Permit conditions within one (1) year of the Permit being granted, absent a showing of good cause approval or issuance date. The applicant may not renew the Permit or resubmit an application to develop a small cell facility at the same location for six (6) months from date of rescission. (d)Abandonment. Small cell facilities no longer used to provide service shall be removed by the last known owner of record of such small cell facility, at the sole cost of said owner and to the satisfaction of the city.
(e)Existing Agreements. Existing agreements regarding the leasing or licensing of a city pole, city infrastructure, or city property, entered into before the operative date of this section remain in effect, subject to applicable termination provisions. (f)The city may adopt a resolution to reserve capacity for future city uses on vertical infrastructure based on substantial evidence in the record.

11.14.090 - Revocation.

Any permit or other authorized use of the public right-of-way granted under this chapter may be revoked or modified for cause in accordance with the provisions of this section. (a)Revocation proceedings may be initiated by the City Engineer.

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Attachment: Ordinance Chapter 11.14 amendments (Wireless Facilities in the Public Right-Of-Way) (b)Action. The City Engineer shall act on the proposed revocation after the time for any appeal has lapsed.
(c)Required Findings. The City Engineer may revoke or modify the pPermit if it makes any of the following findings:
(1)The permittee obtained the approval by means of fraud or misrepresentation of a material fact; (2)The permittee, in the sole discretion of the City Engineer, substantially expanded or altered the use or structure beyond what is set forth in the Permit or substantially changed the installation's character;
(3)The use in question has ceased to exist or has been suspended or abandoned; (4)Failure to comply with any condition of a permit issued; (5)Failure to comply with this chapter;
(6)A substantive change of law affecting a utility's authority to occupy or use the public right-of- way or the city's ability to impose regulations relating to such occupation or use; (7)A small cell facility's interference with a city project which seeks to protect and promote public safety and health, and community welfare;
(8)A small cell facility's interference with vehicular or pedestrian use of the public right-of-way; or
(9)Failure to make a safe and timely restoration of the public right-of-way. (d)Notice of action. The City Engineer shall issue a written determination of revocation and mail the determination to the permittee within ten (10) calendar days of such determination. (e)A permittee whose permit or right has been revoked may have the revocation reviewed, upon written appeal as set forth in section 11.14.100.

11.14.100 - Appeals.
(a)Appeals from City Engineer's Decision. The applicant or any interested person or entity may file an appeal to the Director of Public Works of any decision made by the City Engineer in compliance with this chapter. The appeal shall be filed within two (2) days of the City Engineer's decision, with the city clerk in writing and accompanied by a filing fee in compliance with the city's schedule of fees and charges. The Public Works Director, or Public Works Director's designee, in his or her discretion, shall determine whether to affirm, set side, or modify the City Engineer's decision appealed therefrom. Thereafter, the appellant shall be notified of the Public Works Director's decision.
(b)Appeals from Public Works Director's Decision. The applicant or any interested person or entity may file an appeal to the cCity cCouncil of any decision made by the Public Works Director in compliance with this chapter. The appeal shall be filed within two (2) days of the Public Works Director's decision, with the city clerk in writing and accompanied by a filing fee

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Attachment: Ordinance Chapter 11.14 amendments (Wireless Facilities in the Public Right-Of-Way) in compliance with the city's schedule of fees and charges. The city council's decision shall be final.
(c)Subject of the Appeal. As section 332(c)(7) of the Telecommunications Act preempts local decisions premised directly or indirectly on the environmental effects of radio frequency (RF) emissions to the extent such small cell facilities comply with the FCC's regulations, appeals premised on environmental effects from RF emissions that are compliant with all applicable FCC regulations, will not be considered.
(d)The appeal timeline in this Section may be adjusted by city staff as needed to comply with all processing timelines required by the FCC Shot Clocks, applicable state or federal laws, or other applicable timelines.

11.14.110 - Attorneys' fees.

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

11.14.120 - Review of ordinance.

Wireless communications technology is currently subject to rapid change. Innovations may render the need for specific sections of this chapter to be reviewed and revised. The city council may amend this chapter or its rules and policies by resolution after a change to the FCC's regulations or standards, or any applicable state or federal laws, or whenever it deems necessary to do so.

11.14.130- Severability
If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

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Attachment: Ordinance Chapter 11.14 amendments (Wireless Facilities in the Public Right-Of-Way) SECTION 2. This ordinance shall become effective thirty (30) days following its passage and adoption, and shall be published within fifteen (15) days upon passage and adoption in a newspaper of general circulation in the City of Campbell, County of Santa Clara.

PASSED AND ADOPTED this ___ day of ________ 2023, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED: ____________________
Anne Bybee, Mayor

ATTEST:______________________________
Andrea Sanders, City Clerk

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Attachment: Ordinance Chapter 11.14 amendments (Wireless Facilities in the Public Right-Of-Way) RESOLUTION NO. NS-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING

THE WIRELESS FACILITY PERMITTING GUIDELINES AND AUTHORIZING THE CITY

ENGINEER TO UPDATE AND CHANGE THE WIRELESS FACILITY PERMITTING

GUIDELINES AT ANY TIME

WHEREAS, the City is limited by state and federal laws in its authority to regulate various aspects of wireless communication facilities, however the federal government does recognize local zoning authority to a limited extent; and

WHEREAS, on November 5, 2019, the City Council adopted Resolution No. 12522 approving the Small Cell Permitting Guidelines and the Small Cell Design Guidelines, which both regulate small cell wireless facilities; and

WHEREAS, in addition to applications for small cell wireless facilities, the City’s Public Works Department receives applications to deploy other wireless facilities in the public right-of-way, on both City-owned streetlight poles and utility owned poles, as well as applications to modify existing wireless facilities; and

WHEREAS, in order to standardize and to streamline the City’s permit process for all wireless facilities in the public right-of-way, City staff proposed for adoption on September 19, 2023 to City Council a new Chapter 11.13 of the Campbell Municipal Code “Wireless Communication Facilities in the Public Right-Of-Way (Other than Small Cell Wireless Facilities)”; and

WHEREAS, City staff also developed the Wireless Communication Facility Permitting Guidelines (attached hereto in Exhibit A), which provide the process and details for implementing Campbell Municipal Code Chapter 11.13 and Chapter 11.14, as well as the process for issuing a Wireless Facility Permit applicable to both City-owned poles and non City- owned poles in the public right-of-way; and

WHEREAS, the Wireless Communication Facility Permitting Guidelines would supersede and supplant the Small Cell Permitting Guidelines adopted by Resolution No. 12522; and

WHEREAS, in the adopted Resolution No. 12522 from 2019, City Council authorized the City Manager to enter into license agreements with wireless facilities providers using an MLA as approved by the Director of Public Works and the City Attorney, for any small cell wireless facilities proposed to be installed on a City pole controlled by the City and located within the public right-of-way; and

WHEREAS, City staff proposes that City Council expand this authority to also authorize the City Manager to enter into license agreements with wireless facilities providers using an MLA as approved by the Director of Public Works and the City Attorney, for any wireless facilities proposed to be installed on a City pole controlled by the City and located within the public right- of-way (and not just limited to small cell wireless facilities); and

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Attachment: Resolution Adopting Permitting Guidelines (Wireless Facilities in the Public Right-Of-Way)

NOW THEREFORE, BE IT RESOLVED, that the foregoing recitations are true and correct, and are included herein by reference as findings.

BE IT FURTHER RESOLVED, that the City Council hereby:

1. Adopts the Wireless Facility Permitting Guidelines (attached hereto as Exhibit A), for wireless facilities in the public right-of-way, and authorizes the City Engineer to modify, update, or amend these guidelines at any time.

2. The Wireless Facility Permitting Guidelines (attached hereto as Exhibit A) herein adopted shall supersede and supplant the Small Cell Permitting Guidelines adopted by Resolution No. 12522. The Small Cell Permitting Guidelines adopted as part of Resolution No. 12522 are hereby null and void as of the effective date of this Resolution.

3. Authorizes the City Manager to enter into license agreements with wireless facilities providers using a Master License Agreement as approved by the Director of Public Works and the City Attorney, for any wireless facilities proposed to be installed on a City pole controlled by the City and located within the public right-of-way (and not just limited to small cell wireless facilities).

4. All other provisions adopted by Resolution No. 12522 shall remain in full force and effect.

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

Exhibit A-Wireless Facility Permitting Guidelines

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Attachment: Resolution Adopting Permitting Guidelines (Wireless Facilities in the Public Right-Of-Way)

EXHIBIT A

DEPARTMENT OF PUBLIC WORKS

WIRELESS FACILITY PERMITTING GUIDELINES
For Wireless Communication Facilities in the Public Right‐of‐Way

The City of Campbell seeks to permit wireless carriers to install wireless communications facilities, within the public right‐of‐way, in order to provide robust cellular coverage and capacity throughout the City, while ensuring wireless communication facilities are well‐maintained and do not significantly detract from City streetscapes. The purpose of these Permitting Guidelines is to establish the process and application requirements for a Wireless Facility Permit required pursuant to City of Campbell’s Municipal Code (CMC) Chapter 11.13 and Chapter 11.14. These Permitting Guidelines are in accordance with CMC Chapter 11.13 and 11.14, as well as City of Campbell’s Wireless Facility Design Requirements, and City of Campbell’s Small Cell Design Guidelines.

Applicants shall comply with the following standards. If compliance is not technically feasible, applicants must demonstrate so in writing to the City.

The City Engineer may amend these guidelines at any time.

WIRELESS FACILITY PERMIT APPLICATION PROCESS

1. Execute Master License Agreement (if applicable )
For a wireless communication facility installation on a City pole that is owned and controlled by the City and located in the public right-of-way, the applicant shall fully execute a Master License Agreement (MLA) prior to issuance of a Wireless Facility Permit.

2. Informational Conference
Prior to submittal of an application for a Wireless Facility Permit, all applicants are encouraged to attend an informational conference with Public Works Department staff.

This is a voluntary discussion, but it is highly recommended. The Public Works Department staff will provide applicants with an appointment for the informational conference after receipt of a written request from the applicant. The City does not intend for this voluntary informational conference to start the review process or trigger any applicable FCC shot clocks.

The purpose of the conference is to:
a. Inform the applicant of City requirements and review process; b. Identify information and materials the City will require with the application;

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Attachment: Resolution Adopting Permitting Guidelines (Wireless Facilities in the Public Right-Of-Way) c. Provide input to the applicant of possible project and design alternatives or modifications;
d. Identify potential concerns and streamline the formal application review process;
e. Provide the applicant with the public notice template.

Applicants are encouraged to bring the following materials to the conference:
a. Photo simulations of typical installation;
b. Typical design;
c. Master plan of wireless communication facility deployment in the City’s right- of-way;
d. Any pre-applications materials for informal staff feedback and guidance.

3. Application Submittal and Payment of Fees
All Wireless Facility Permit applications shall be submitted by appointment only; appointments may be requested by email at WIRELESSFACILITYPW @CAMPBELLCA.GOV.

Applications shall be submitted as electronic files in compressed PDF format. Electronic files must be provided via a cloud based file transfer (Microsoft SharePoint recommended) or email with individual file size not exceeding 14 MB to the City’s Public Works Department during the permit application submittal appointment.

Applicants may generally submit one application per appointment, or up to five individual applications per appointment for batched applications (with substantially the same equipment in the same configuration on the same support structure type), with only one batch pending permit issuance at any time.

The applicant shall submit a complete, duly executed Wireless Facility Permit application using the City’s Wireless Facility Permit Form, which shall include all required materials as listed below in the Wireless Facility Permit Application Checklist.

The applicant shall pay all applicable fees in accordance with CMC Chapter 11.13 or 11.14, and the MLA if applicable.

4. Public Notice

Within 5 calendar days after submitting an application, an applicant must mail public notices to all property owners and residents within 300 feet from the project site. Public notices shall be on the applicant’s letterhead and conform to the template provided by the City.

The notice shall be approved by the City prior to mailing. The applicant shall send an email to the City ([email protected]) with a copy of the notice attached

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Attachment: Resolution Adopting Permitting Guidelines (Wireless Facilities in the Public Right-Of-Way) in PDF format.

The public notice must contain at a minimum the following:
a. A general project description;
b. Photo simulations of typical installation;
c. The applicant’s identification and contact information as provided on the application submitted to the City;
d. Instructions on how to contact the applicant for interested parties to submit comments within 10 business days;
e. A statement that “The City will act on the application without a public hearing but that any interested person or entity may appeal the City’s decision directly to the City Manager or his/her designee”;
f. A general statement that the FCC imposes certain timeframes for the City to take final action on the wireless facility applications, depending on the nature of the proposed facility;
g. A statement that, “Appeals shall not be permitted when based solely on the environmental effects from radio frequency emissions that are compliant with applicable FCC regulations and guidelines”.

Notices shall be in English and any other languages as deemed appropriate by the City.

The applicant shall provide documentation of public notification to the City prior to approval of any Wireless Facility Permit. Such documentation shall include:
a. Proof of notification such as an affidavit attesting that the notice was mailed to all property owners and residents within 300 feet from the project site. b. A list of all recipients and the method of delivery. c. A log of any concerns, questions, responses, comments, including person, property location, and date.

WIRELESS FACILITY PERMIT APPLICATION CHECKLIST AND

REQUIREMENTS

A Wireless Facility Permit application must include all of the following which shall be prepared in accordance with the other applicable sections of these guidelines:

General Wireless Facility Permit Checklist

1. A complete City of Campbell Wireless Facility Permit form with the attached General Permit Conditions; completed and duly executed by the wireless carrier, or an authorized party with an authorization letter from the wireless carrier.

2. Any required plans as detailed below, which shall be prepared in accordance with these Permitting Guidelines.

3. CPUC documentation that the wireless carrier has CPCN or WIR.

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Attachment: Resolution Adopting Permitting Guidelines (Wireless Facilities in the Public Right-Of-Way)

4. Structural Analysis, which shall be per the most recently adopted CMC, California Building Code, and AASHTO LTS‐6 Standard Specifications for Structural Supports for Highway Sign, Luminaires, and Traffic Signals. Analysis shall evaluate any applicable pole, pole foundation, pole modifications e.g. wielding, and mounting of equipment. Structural analysis to include a survey of any applicable existing pole foundation and appurtenances. (During construction, poles that are found to be damaged or to have corrosion must be replaced.

Plans must be revised and resubmitted showing replacement of the pole and foundation).

The Structural Analysis must be signed and stamped by a CA Registered Structural Engineer.

5. Electrical Analysis, which shall be performed by a CA Registered Electrical Engineer to evaluate conduit fill, loading level, and voltage drop.

6. Radio Frequency‐‐Electromagnetic Energy Compliance Report, which shall address all nearby spaces used by people, has consistent formats, requirements, and conclusions for the same conditions or has detailed reasons for atypical requirements, has a statement of compliance for the location and radio frequencies, and is prepared and certified by a professional electrical engineer registered and licensed in the state of California. The report shall conclude that the proposed wireless communication facility and any cumulative emissions from adjacent areas, will comply with applicable federal RF human exposure standards and limits. Activation Report prepared by a California licensed professional engineer to be submitted within 30 days after site activation, certifying field measurements of the radio frequencies of the facility comply with levels stated in the Electromagnetic Energy Compliance Report.

7. Notice of Exemption form including certification, type and reasons for CEQA exemption and any other applicable information; (https://www.ci.campbell.ca.us/969/Small‐Cell‐Facilities‐ Deployment).

8. All calculations and analysis shall include allowances for all current equipment and future equipment considered by the wireless company.

9. Other permits for the work (e.g. traffic control in other cities). City permit for electrical work and appurtenances issued by the Building Official (Simple Construction III Permit).

Additional Permit Checklist for Wireless Facilities on City-Owned Poles

1. Signed Pole Site License must be per Exhibit D of the MLA.

2. Indemnification, insurance and security instruments must be furnished to the City per the MLA and the General Permit Conditions of the Wireless Facility Permit.

Additional Permit Checklist for Eligible Facilities Requests Pursuant to Section 6409(a)

If an applicant requests approval pursuant to Section 6409(a), the applicant must submit:

1. Documentation and information to justify whether the proposed modification meets the requirements of an eligible facilities request pursuant to 47 USC 1455(a) and the applicable FCC regulations at 47 CFR 1.6100, as may be amended or superseded. The applicant shall label such document as “Section 6409(a) Evaluation” and attach it to the applicant’s permit application.

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Attachment: Resolution Adopting Permitting Guidelines (Wireless Facilities in the Public Right-Of-Way) The Section 6409(a) Evaluation shall include:

a. An explanation of the proposed modification and whether it involves a collocation, removal, or replacement of transmission equipment on an existing wireless tower or base station pursuant to 47 USC 1455(a) and 47 CFR 1.6100, as may be amended or superseded, or any other applicable FCC definitions and orders.

b. Justification that the proposed project remains in compliance with all applicable FCC RF standards.

c. Justification that the proposed modification does not substantially change the physical dimensions of the existing wireless tower or base station, pursuant to the applicable FCC substantial change thresholds, as may be amended or superseded.

A modification substantially changes the physical dimensions of a tower or base station if it meets any of the following criteria provided in 47 CFR 1.6100 (7), as may be amended or superseded:

i. For towers in the public rights-of-way and for all base stations, it increases the height of the tower or base station by more than 10% or 10 feet, whichever is greater;
*Changes in height resulting from a modification should be measured from the original support structure in cases where the deployments are or will be separated horizontally, such as on buildings’ rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
ii. For towers in the public rights-of-way and for all base stations, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
iii. It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets, or it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
iv. It entails any excavation or deployment outside the current site of the tower or base station;
v. It would defeat the existing concealment elements of the tower or base station.
vi. It does not comply with conditions associated with the prior approval of

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Attachment: Resolution Adopting Permitting Guidelines (Wireless Facilities in the Public Right-Of-Way) construction or modification of the tower or base station unless the non- compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding “substantial change” thresholds identified above.

2. Copies of all permits and/or other regulatory approvals issued by the City (or other applicable local public agency) in connection with the initial construction or installation, or any subsequent collocations, modifications, or renewals of the existing wireless tower or base station.

Requirements for All Plans

All plans shall:

1. Be signed and stamped by a CA licensed engineer in the responsible discipline.

2. Be 100% ready for construction.

3. Use City Standard title sheet, border and format.
https://www.ci.campbell.ca.us/206/Documents

4. Include: title sheet, site survey sheet, proposed plan view, detailed plan view, existing and proposed elevations, and details of wireless notices, signage, equipment, enclosures, concealment elements, foundations, wiring diagram, cabling diagram, splicing and fusing diagram, a list of materials, and other information as necessary for specific locations.

5. Be formatted for 11"x17" sheet size, preferably in color, single sided, and collated, with all text legible.

6. Be drawn to appropriate engineering scale, and the scale shown on all relevant sheets and details.

7. Include a title sheet which provides the following:
a. PG&E meter address;
b. Cellular System Identification Number, and latitude and longitude (WGS 84 datum); c. Vicinity map of the general area (including 2 major streets) and the work location; d. Contact's name, title, company, telephone, and email for persons responsible for 1) the design, 2) construction, and 3) the completed Facility.

8. Include sheet numbers on every sheet (e.g. Sheet 3 of 5).

9. Include a North arrow on all relevant sheets.

10. Provide existing site survey including property boundaries, easements, trees and structures with all dimensions, bearing, distances, elevations, monuments or other markers shown and called out.

11. Specify facility and mounting by size, type, model, manufacturer, corrosion protection and matching finish.

12. Specify facility finish type, preparation and application.

13. Describe the design and specification of how all parts are mounted, attached, and supported.

14. Provide clear dimensioning, which in plan view shall be from face of curb, and for elevations shall be from finished grade, wherever possible.

15. Identify all existing improvements.

16. Indicate all future work that facilitates the proposed improvements, e.g. show future trunk line construction for backhaul connections.

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17. Include a legend identifying all new, retired and existing utilities.

18. Define all abbreviations.

19. Use terms and definition consistent with City standard specifications and details.

Define jargon and names not included in City Specifications:
https://www.ci.campbell.ca.us/210/Details.

20. Use consistent jargon and names.

21. Include delineation of City limits.

22. Include the applicant's Job number, City permit number (provided at the permit application appointment), and license area (site address) on all plan sheets.

23. Label all streets.

24. Not to include disclaimers such as proprietary information.

25. Only include references that shall be previously published agency documents or industry standards, e.g. California Electric Code, State General Orders, PG&E Green book, etc. References shall cite a specific section, page, chapter, or detail.

26. Only include information that applies to the proposed location.

27. Only include detailed information once (on one sheet or detail) and shall not duplicate any detailed information unless necessary.

28. Do not show work TBD, by others, or per manufacturer's instructions, except work performed under a separate permit may be identified by permit number.

29. Include any antenna, radio enclosures, existing and proposed underground work in the plan view, detailed plan view and details.

30. Include any existing and proposed elevations of pole showing all dimensions with references to details of the proposed improvements.

31. Include any details of wireless notices, signage, equipment, enclosures, and concealment elements which are referenced by installation location in the detailed plan view and elevations.

32. Include any Wiring Diagram with elements representing radio enclosures, radios, antennas, smart meter, ground rod, and power, bonding and grounding connections.

33. Include any Cabling Diagram with elements representing radio enclosures, radios, antennas, and connections.

34. Show all work that provides for continuous operation of City electrical and communication systems.

35. For conduit with conductors to be spliced, identify conduit size and type, and conductor size, number, type, and purpose of conductors and cables, and those conductors to be spliced.

36. For conduit with conductors to be added or removed, identify conduit size and type, all wiring and cabling, and conductor and cable size, number, type, and purpose, (e.g. new or existing, streetlighting, ground, traffic signal, circuit ID, etc.)

37. Include location of trench or bore path, with size and number of utilities to be installed, measured from the nearest face of curb.

38. Include any connection, mounting, attachment, and supports between and for conductors, cables, conduit, terminals, connectors, hardware, supports, and all parts, including name, size, type, part number, corrosion and UV protection, insulation (if any), and finish (if finish is exterior).

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39. Include a clear design that eliminates or minimizes redundant circuits, grounds, and systems.

40. Indicate any utilities under bus pads (utilities under bus pads may be allowed provided there are no conflicts with laterals and a directional bore will be used at a depth of 36" to 48").

41. For any new poles, show and report compliance with any applicable Americans with Disabilities Act requirements including accessibility for adjacent public access areas.

Dimensions shall be shown for horizontal and vertical clearance showing this access.

42. Be prepared in a consistent and professional manner that eliminates or minimizes redundant information. For re‐submittals, comments written on plans must also be addressed.

43. For existing facilities, provide proof that the facility is field verified using record drawings, inference, and professional skill as necessary for the specific location.

Contact City staff for assistance.

For City-Owned Poles, in addition to the requirements above, plans shall also include/show:

1. City pole badge number and license area (site address) on all plan sheets.

2. Conductors spliced at base of pole in pull box.
a. Location and installation of new pull box, if there is no existing pull box. b. For any Splicing and Fusing Diagram - connection to the streetlight circuit in the pull box including line, load, and continuing wiring if present; fused splice connectors with 10A fuses for both streetlight and wireless facility in the pull box.
c. For any luminaires to be converted to LED - the luminaires including existing type and wattage; and proposed type, wattage and model number.

3. Label the communication wiring from the splice with the streetlight circuit to the RF switch as the wireless company’s equipment.

4. Consistent wattage of equipment on the data sheets, load and voltage drop calculation, and plans.

5. Proof of the applicant securing their own communication/backhaul arrangements independent of City facilities. A separate utility permit is required for such work.

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Attachment: Resolution Adopting Permitting Guidelines (Wireless Facilities in the Public Right-Of-Way) RESOLUTION NO. NS-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A

FEE SCHEDULE FOR THE REGULATION OF WIRELESS FACILITIES TO BE PLACED

IN THE PUBLIC RIGHT OF WAY

WHEREAS, over the years, City departments have proposed, and the City Council has adopted various fees relating to their work; and

WHEREAS, the City Council plans to standardize the City’s permit process and fees related to all wireless facilities in the public right-of-way (other than small cell wireless facilities) in the adoption of Chapter 11.13 of the Campbell Municipal Code, as well as for small cell wireless facilities as provided in Chapter 11.14 of the Campbell Municipal Code; and

WHEREAS, wireless facilities in the public right-of-way include installations of such facilities on poles owned and controlled by the City, as well as on utility-owned poles; and

WHEREAS, the City’s Public Works Department expends a great deal of staff time and costs in processing Wireless Facility Permit applications for wireless installations, as well as in administering such facilities; and

WHEREAS, on November 5, 2019, the City Council adopted Resolution 12521 adopting a Fee Schedule for the City’s costs related to small cell wireless communication facilities pursuant to Chapter 11.14 of the Campbell Municipal Code; and

WHEREAS, the City Council now wishes to set fees related to licensing, permitting, and administering of all wireless facilities in the City’s public right-of-way (and not just small cells) consistent with applicable laws, and City rules, guidelines, and standards; and

WHEREAS, the proposed Wireless Facilities Fee Schedule has been prepared by City staff after approximating the objectively reasonable costs associated with licensing, permitting, and administering the wireless facilities in the City’s public right-of-way; and

WHEREAS, the creation of a funding mechanism is not a project as defined by the California Environmental Quality Act; and

WHEREAS, notice of the meeting concerning the proposed fees was duly noticed by publication and a public hearing was held by the City Council of the City of Campbell on September 19, 2023 providing an opportunity for interested members of the public to make oral and/ or written presentations to the City Council regarding the proposed Wireless Facilities Fee Schedule, in accordance with Government Code sections 66018 and 6062a; and

NOW THEREFORE, BE IT RESOLVED, that the foregoing recitations are true and correct, and are included herein by reference as findings.

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Attachment: Resolution Adopting Fee Schedule (Wireless Facilities in the Public Right-Of-Way) BE IT FURTHER RESOLVED that the City Council hereby finds and declares that the proposed fees in the Wireless Facilities in the Public Right-of-Way Fee Schedule are a reasonable approximation of the City’s costs associated with regulating facilities and are based on objectively reasonable costs.

BE IT FURTHER RESOLVED, that the City Council hereby rescinds Resolution 12521 and adopts the attached Wireless Facilities in the Public Right-of-Way Fee Schedule, subject to increases as shown in the attached Exhibit A to this Resolution to recover the objectively reasonable costs incurred by the City related to wireless communication facilities in the City’s public right-of-way and in accordance with City rules and policies adopted by the City Council.

These fees may be incorporated and added to the City’s Master Fee Schedule.

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

Exhibit A- Wireless Facilities in the Public Right-of-Way Fees Schedule

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Attachment: Resolution Adopting Fee Schedule (Wireless Facilities in the Public Right-Of-Way)

EXHIBIT A

WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY

FEES SCHEDULE

For Wireless Facilities on City-Owned Poles

1. Annual License Fee Per Pole
a. Initial Fee: $270 per City Pole

b. Annual Increases: The License Fee shall increase annually on the first anniversary of the Effective Date of the Pole License at the rate of Three Percent (3%).

c. Additional administrative fees and costs related to inspecting Licensee’s Equipment or License Area related to this License will be charged at the following hourly rates:
$267/hour, adjusted annually.

2. Wireless Facility Permit Fee - $9,879

This fee includes costs relating to reviewing, processing, plan check, and inspection.

3. Traffic Control Plan Review
a. Minor (Lane Closures) - $267 per review

b. Major (Detours) - $1,068 per review.

4. Master License Administrative Fee- $8,000

5. Administrative Site and Architectural Review Permit (see Planning Fees)

For Wireless Facilities on Utility-Owned Poles

1. Wireless Facility Permit Fee – $5,874

This fee includes costs relating to reviewing, processing, plan check and inspection

2. Traffic Control Plan Review
a. Minor (Lane Closures) - $267 per review

b. Major (Detours) - $1,068 per review.

Note: All fees are subject to annual adjustment

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Attachment: Resolution Adopting Fee Schedule (Wireless Facilities in the Public Right-Of-Way)

City
Council
Report

TITLE: Approval of Downtown Campbell Business Association Special Event Permits (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution approving the issuance of a Special Event Permit to the Downtown Campbell Business Association for the Creepy Crawly Halloween event, the Carol of Lights event, and the Bunnies and Bonnets Parade, as described; waiving all fees associated with the three events; and authorizing a five -year term for each permit, subject to the findings and conditions of approval, as described.

BACKGROUND

The Downtown Campbell Business Association (DCBA) is a non -profit organization comprised of volunteers from the Downtown Campbell Business District. The goal of the DCBA is to enhance the local business, residential , and social community. One of the ways DBCA accomplishes this is by holding annual community events. DCBA has traditionally held three successful recurring annual events in the downtown corridor : the Bunnies and Bonnets Parade, the Creepy Crawly Halloween event, and the Carol of Lights event . These events help families connect with Downtown Campbell and enhance community spirit.

DISCUSSION

On August 3, 2023, the DCBA submitted applications for Downtown Special Event Permits to hold the Creepy Crawly Halloween event and the Carol of Lights event in Downtown Campbell. The application for the Bunnies and Bonnets Parade was received on August 24, 2023. (Please see attached applications.)

The date and time requested for the Creepy Crawly Halloween event is Sunday, October 29, 2023, from 4:00 to 6:00 p.m. The date and time requested for the Carol of Lights event is Saturday, December 2, 2023, from 3:00 to 7:00 p.m. The date and time requested for the Bunnies and Bonnets Parade is Saturday March 30, 2024, from 12:00 to 3:00 p.m.

The street closure needed for the Carol of Lights event and the Bunnies and Bonnets Parade will have already occurred during the morning of these events, at approximately 8:00 a.m., due to the Farmers’ Market street closure scheduled for the same space on Item: 12
Category: NEW BUSINESS
Meeting Date: September 19, 2023
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Approval of Downtown Campbell Business Association Special Event Permits Page 2 of 4 these dates. The street closure needed for the Creepy Crawly Halloween event, and all events that are approved for Sundays going forward , would also benefit from the Farmers’ Market street closure held earlier in the day . The streets would then be reopened approximately an hour after each of the DCBA’s events ends.

All three events will be free to the public and can be considered a “ Community Spirit Event”, with no alcohol sold or fundraising aspects. These events are made possible by community volunteers and donations. The DCBA has successfully held these types of events annually for over two decades.

In accordance with the City of Campbell (City) Downtown Special Event Policy, all events that require street closures in Downtown Campbell, have a significant impact on public facilities, or require a significant amount of City staff support , are considered Special Events. Special Events held on public property in Downtown Campbell (Campbell Avenue within the loop streets) are to be coordinated by the City and authorized by the City Council. The policy also provides that it is the intent of the City to allow a limited number of outdoor public events for the general economic benefit of the City’s business community, cultural enrichment, and/or promotion of the City.

In addition, Campbell Municipal Code, Section 5.50.020, requires any person holding, conducting, or carrying on any Special Event in the City to obtain a permit to do so from the City Council.

These three DCBA events meet the following factors for receiving a Special Events Permit:

• The event will not disrupt , to an unreasonable extent, the movement of traffic or create any safety hazard as a result of such other traffic being stopped or diverted;
• Sufficient Police service can be provided to assure proper traffic control, security, and the orderly conduct of the special event;
• The streets and roads over which the special event will be conducted are sufficient size and construction to safely accommodate the number of participants and the size, height and weight of any vehicles or equipment participating in the event;
• The special event will not interfere with any other public events to be conducted on the same day;
• The special event is not likely to cause injury to persons or property or create an unreasonable disturbance of the peace; and
• The cumulative impact of th e special event will not create an undue strain on public resources.

As indicated, all three events will be free to the public, with no fundraising aspects. In addition, each event will benefit from the street closure already in place due to an event held earlier in the day, specifically the Farmers ’ Market, resulting in less strain on City resources.
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Consideration of a 5 Year Permit

To reduce City Council and City staff time incurred with the permitting processes, staff is also proposing that the City Council consider granting a Downtown Special Event Permit for the Creepy Crawly Halloween event, the Bunnies and Bonnets Parade , and the Carol of Lights event with a term of five years. Said permits would require the future event dates for these three events be approved by the Police Chief and the City Manager upon consideration and determination that the City will have adequate resources available to provide for street closure and security at each event . This multi- year authorization is consistent with similar previous City Council approval for Campbell Chamber of Commerce events. The proposed draft resolution contains language to this extent.

FISCAL IMPACT

In March of 2011 , the City Council adopted a Special Event Fee Waiver Policy recognizing the importance of “providing monetary and other City support for community festivals, parades and celebrations that are held for the general economic benefit of the City’s business community, cultural enrichment and/or promotion of the City of Campbell.” In fact, the policy provided for 100% of Special Event Permit fees to be waived for “Community Spirit Events” , including the Bunnies and Bonnets Parade and the Carol of Lights event. Given the nature of the event as a “Community Spirit Event,” that is also a non -alcoholic and non-fundraising event, staff believes the Creepy Crawly Halloween event should qualify for 100% fee waiver as well.

Should the Council approve the waiver of all fees related to all three events, t he total City cost for the Department of Public Works services for the three events is estimated at approximately $9,855 ($3,285 per event). The total special event fees for the three events combined would be $10,935 ($1,691 administrative review fee, $1,954 permit fee – per event). The cost estimate for police services is $3,510 each event for the Bunnies and Bonnets Parade and the Carol of Lights event, for a total estimate of $7,020. The cost estimate for police services for the Creepy Crawly Halloween event was not factored in as officers already staff the event for community engagement and can double as security and traffic control if needed. Ultimately, the total annual loss to the City if the fee waiver is granted for all three events is estimated at $ 27,810 (Public Works services, Police services, and Special Event fees) . Should the City Council approve a permit term of five years for each Special Event Permit, the estimated cost would likely increase over time, each year.

ALTERNATIVES

1. Approve a one-time Downtown Special Event Permit for all three events.

2. Approve a 5-year Downtown Special Event Permit for only some of the events.

3. Approve a one-time fee waiver for all three events.
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Approval of Downtown Campbell Business Association Special Event Permits Page 4 of 4

4. Approve a one-time fee waiver for only some of the events.

5. Approve a 5-year fee waiver for only some of the events.

Prepared by:

Dan Livingston, Police Captain

Reviewed by:

Gary Berg, Police Chief

Approved by:

Brian Loventhal, City Manager

Attachment:
a. DCBA special events resolution
b. DCBA special event applications
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RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE ISSUANCE OF A DOWNTOWN SPECIAL EVENT

PERMIT TO THE DOWNTOWN CAMPBELL BUSINESS ASSOCIATION FOR

THE CREEPY CRAWLY HALLOWEEN EVENT, THE CAROL OF LIGHTS
EVENT, AND THE BUNNIES AND BONNETS PARADE; AUTHORIZING A SPECIAL EVENT FEE WAIVER FOR ALL THREE EVENTS; AND

AUTHORIZING A FIVE-YEAR TERM FOR EACH
DOWNTOWN SPECIAL EVENT PERMIT.

WHEREAS, after due consideration of all the evidence presented, the City Council did find as follows:

1. The event sponsor, the Downtown Campbell Business Association (DCBA) is a local civic, non-profit institution;

2. The date and hours of operation for the Creepy Crawly Halloween Event in Calendar Year 2023 will be as follows:

Sunday, October 29th, 2023, 4:00 p.m. – 6:00 p.m.

3. The date and hours of operation for the Carol of Lights Event in Calendar Year 2023 will be as follows:

Saturday, December 2nd, 2023, 3:00 p.m. – 7:00 p.m.

4. The date and hours of operation for the Bunnies and Bonnets Parade in Calendar Year 2024 will be as follows:

Saturday, March 30th, 2024, 12:00 p.m. – 1:30 p.m.

5. The events will be located along Campbell Avenue between Railway Avenue and Third Street and utilize the cross streets between Civic Center and Orchard City Drive;

6. The above events are “Community Spirit Events” and will be non -alcoholic and non-fundraising events; and

7. The DCBA has successfully presented these types of events annually for over the last 20 years;

WHEREAS, based on the foregoing findings of fact, the City Council further finds and concludes that for each event the following are true:

1. The special event will not disrupt to an unreasonable extent, the movement of traffic or create any safety hazard as a result of such other traffic being stopped or diverted;

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Attachment: DCBA special events resolution (Approval of Downtown Campbell Business Association Special Event Permits)

2. Sufficient Police service can be provided to assure proper traffic control, security, and the orderly conduct of the special event;

3. The streets and roads over which the special event will be conducted are sufficient size and construction to safely accommodate the number of participants and the size, height and weight of any vehicles or equipment participating in the event;

4. The special event will not interfere with any other public events to be conducted on the same day;

5. The special event is not likely to cause injury to persons or property or create an unreasonable disturbance of the peace;

6. The cumulative impact of this special event will not create an undue strain on public resources; and

7. Each event constitutes one event that is present annually in the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby authorize a Special Event Permit to be issued to the Downtown Campbell Business Association for the Creepy Crawly Halloween Event, the Carol of Lights Event, and the Bunnies and Bonnets Parade with each event to be held at the location set forth in this resolution once per year for the next five years beginning from the date of th is resolution; and, does hereby authorize the 100% waiver of all fees associated with the t hree permits , subject to the following conditions of approval:

Conditions of Approval

1. The dates and hours of operation for each subsequent annual Creepy Crawly Halloween Event, Carol of Lights Event, and Bunny and Bonnets Parade shall be approved by the Chief of Police and City Manager upon determination that the City will have adequate resources available to assure proper traffic control and the orderly conduct of the special event;

2. No alcohol will be sold or allowed at any of these special events;

3. No fundraising shall occur at any of these special events;

4. The DCBA shall be subject to the insurance requirements set forth in Chapter 11.30 of the Campbell Municipal Code for each of these special events; and

5. The DCBA shall ensure that each of these special events complies with all applicable policies and ordinances of the City of Campbell.

PASSED AND ADOPTED THIS 19th day of September 2023, by the following roll call vote:

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Attachment: DCBA special events resolution (Approval of Downtown Campbell Business Association Special Event Permits)

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

___________________________
Anne Bybee, Mayor

ATTEST:

__________________________
Andrea Sanders, City Clerk

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Attachment: DCBA special events resolution (Approval of Downtown Campbell Business Association Special Event Permits)

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Attachment: DCBA special event applications (Approval of Downtown Campbell Business Association Special Event Permits)

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Attachment: DCBA special event applications (Approval of Downtown Campbell Business Association Special Event Permits)

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Attachment: DCBA special event applications (Approval of Downtown Campbell Business Association Special Event Permits)

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Attachment: DCBA special event applications (Approval of Downtown Campbell Business Association Special Event Permits)

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Attachment: DCBA special event applications (Approval of Downtown Campbell Business Association Special Event Permits)

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Attachment: DCBA special event applications (Approval of Downtown Campbell Business Association Special Event Permits)

City
Council
Report

TITLE: Accepting a Priority Development Area (PDA) Grant from the Metropolitan Transportation Commission (MTC) to Fund the Development of the Hamilton Avenue Precise Plan, Approving a Master Funding Agreement, Authorizing the City Manager to Execute the Agreement and Related Supplements, Approving the Release of a Request for Proposals (RFP) for Related Consultant Services (PLN - 2023-138), and Authorizing the Finance Director to Prepare Related Budget Adjustments

RECOMMENDED ACTION

That the City Council adopt a Resolution accepting a Priority Development Area (PDA) grant from the Metropolitan Transportation Commission (MTC) to fund the development of the Hamilton Avenue Precise Plan, approving a Master Funding Agreement, authorizing the City Manager to execute the agreement and related supplements, approving the release of a Request for Proposals (RFP) for related consultant services, and authorizing the Finance Director to approve related budget adjustments.

BACKGROUND

As part of the 2040 General Plan update process, the Hamilton Avenue / Highway 17 interchange was identified as an area of interest for transportation improvements, gateway enhancements, and transit -oriented housing development. In response, the adopted 2040 General Plan included Policy LU -9.a, which calls for the preparation of a Precise Plan for the Hamilton Avenue Area.

At its February 21, 2023, meeting, the City Council authorized the Community Development Director to submit for a PDA grant from MTC for the development of a Precise Plan along the Hamilton Avenue corridor, east and west of the Highway 17 interchange (see Figure 1) consistent with Policy LU-9.a of the 2040 General Plan.

On June 29, 2023, the City of Campbell received confirmation it received a grant award of $400,000 in funding from the Metropolitan Planning Commission (MTC) for the development of a Hamilton Avenue Precise Plan. Details of the grant, including key terms and obligations are outlined in the following discussion.

DISCUSSION
Item: 13
Category: NEW BUSINESS
Meeting Date: September 19, 2023
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Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP Page 2 of 5
The PDA grant from MTC will fully fund the anticipated costs to prepare the Hamilton Avenue Precise Plan and does not require any match funding from the City. The Draft Master Funding Agreement (reference Attachment A) and Call for Projects (Attachment D) provided by MTC outline the key obligations and terms of the grant which are summarized in bold below (staff notes follow each bullet in plain text):

• The Project will be fully funded.

The grant will cover all anticipated costs associated with the scope of work.

• The Project will include all required content and solicit input from a full range of community members living within and nearby the planning area.

The plan will meet all minimum requirements outlined in the PDA Planning Grants – Call for Projects (reference Attachment D) including, but not limited to, robust public engagement, and inclusion of policies and development standards that are objective for improvements on private property and in the public right-of-way with defined sets of actions and associated cost estimates for any Capital Improvements proposed in the plan area.

• The Project has adequate staffing and support resources to deliver and complete the Project within the cost, scope, and schedule [within 36 months of execution of the agreement].

The City will have adequate staffing to deliver and complete the project with the assistance of a third -party consultant (see related discussion under “Request for Proposals”).

• The Project is exempt from environmental review or all environmental permits or clearances necessary for the Project have been or will be obtained.

Consideration of environmental impacts and required environmental clearances such as the preparation of a Supplemental EIR, are part of the project scope and accounted for in the project schedule.

• The Project must consider adopting relevant Transit -Oriented Community (TOC) Policies for select properties within the plan area.

A key obligation of the grant is for the City to consider the adoption of relevant Transit-Oriented Communities (TOC) policies for select properties with the Future Hamilton Avenue Precise Plan area falling within the TOC policy boundary (see Figure 1).

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Figure 1 – Transit-Oriented Communities Policy Boundary (shaded in red)

Figure 2 – Hamilton Avenue Precise Plan Boundary (shaded in red)

For Campbell, there are several Transit-Oriented Communities (TOC) policies that apply related to the production of housing, affordable housing, and the development of business within the planning area. Further, the TOC policies include the following density and parking standards:

Residential Policies
Standard Required Minimum Allowable Maximum
Density 50 units/net acre or higher 75 units/net acre or higher Parking No minimum parking
requirement allowed.

Parking maximum of 1.0 spaces
per unit or lower.

Commercial Policies
Standard Required Minimum Allowable Maximum
Density 2 FAR or higher 4 FAR or higher
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Parking No minimum parking
requirement allowed.

Parking maximum of 2.5 spaces
per 1,000 square feet or lower.

While the plan would need to evaluate the impact of these policies in greater detail, it should be noted that the standards are intended to be averaged across the Hamilton Avenue Precise Plan area and the residential density standards apply to areas planned for future residential development.

Recognizing that the City only needs to consider the adoption of these policies to qualify for the grant funding, staff does not have a concern with meeting this obligation.

Request for Proposals: Recognizing the anticipated complexity involved in preparing the Hamilton Avenue Precise Plan (including identifying and establishing estimated costs for transportation improvements within the area, environmental review, etc.), staff has recommended selection of a consultant through a formal RFP process. The Draft RFP (Attachment B) and Hamilton Avenue Precise Plan Overview (Attachment C) outlines a preliminary scope of work and schedule to help the consultants gauge the minimum level of work requested and to submit a realistic project proposal that meets the grant requirements.

Scope of Work: The Draft RFP (Attachment B) includes a kick-off meeting and bi-weekly conference calls with staff to discuss expectations and schedule for the project. The schedule anticipates one (1) community meeting, four (4) advisory group meetings, four (4) Planning Commission meetings, and five (5) City Council meetings.

Public Meetings Total Number
Community Meeting 1
Advisory Group Meetings 4
Planning Commission (PC) 5
City Council (CC) 5
Total Meetings 15

Recognizing the Hamilton Avenue Precise Plan is an important planning effort for the city, the schedule assumes that the City Council will assume a leadership role early in the process, serving to award the contract later this year, and holding a kickoff meeting early next year with the selected consultant. Overall, the project is anticipated to be completed by Spring 2025, consistent with the timeline established by the 2040 General Plan.

FISCAL IMPACT

Acceptance of the grant will result in $400,000 in funding which is anticipated to fund the full cost of consultant services related to the preparation of the Hamilton Avenue Precise Plan. The FY 2024 Adopted Budget previously assumed that a $208,000 City 13 Packet Pg. 139
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match using ARPA Funds would be required. This is no longer required s as the MTC grant will pay for the full $400,000 cost of Hamilton Avenue Precise Plan. Thus, a budget adjustment form has been prepared and attached to remove the need for a City match (reference Attachment E).

Prepared by:

Stephen Rose, Senior Planner
Reviewed by:

Rob Eastwood, Community
Development Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Draft Resolution
b. Draft Request for Proposals
c. Hamilton Avenue Precise Plan - Overview
d. Call for Projects
e. Budget Adjustment Form
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Exhibit A
RESOLUTION NO. ______________

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

ACCEPTING A PRIORITY DEVELOPMENT AREA (PDA) GRANT FROM THE

METROPOLITAN TRANSPORTATION COMMISSION (MTC) TO FUND THE

DEVELOPMENT OF THE HAMILTON AVENUE PRECISE PLAN, APPROVING A

MASTER FUNDING AGREEMENT, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT AND RELATED SUPPLEMENTS, APPROVING THE

RELEASE OF A REQUEST FOR PROPOSALS (RFP) FOR RELATED
CONSULTANT SERVICES (PLN-2023-138), AND AUTHORIZING THE FINANCE

DIRECTOR TO PREPARE REATED BUDGET ADJUSTMENTS

WHEREAS, as part of the 2040 General Plan update process, the Hamilton Avenue / Highway 17 interchange was identified as an area of interest for transportation improvements, gateway enhancements, and transit-oriented housing development;

WHEREAS, on April 18, 2023, the City Council adopted the 2040 General Plan which included Policy LU-9.a which calls for the preparation of a Precise Plan for the Hamilton Avenue Area;

WHEREAS, at its February 21, 2023, meeting, the City Council authorized the Community Development Director to submit for a PDA grant from MTC for the development of a Precise Plan along the Hamilton Avenue corridor, east and west of the Highway 17 interchange consistent with Policy LU-9.a of the 2040 General Plan;

WHEREAS, on June 29, 2023, the City of Campbell received confirmation of $400,000 in funding from the Metropolitan Planning Commission (MTC) for the development of a Hamilton Avenue Precise Plan;

WHEREAS, the PDA grant from MTC will fully fund the anticipated costs to prepare the Hamilton Avenue Precise Plan and does not require any match funding from the City;

WHEREAS, the Draft Master Funding Agreement and Call for Projects outline the key obligations and terms for the grant;

WHEREAS, the City Council has reviewed the Master Funding Agreement and sample Supplement to the Master Funding Agreement as set forth by Exhibit A and Exhibit B respectively;

WHEREAS, the City Council seeks to authorize the City Manager to execute the agreement and related supplements substantially in the form provided but delegating authority for changes in the City’s best interests;

WHEREAS, the September 19, 2023, City Council Report summarizes key obligations and terms of the grant, including the consideration of relevant Transit -Oriented Community (TOC) policies for select properties with the Hamilton Avenue Precise Plan area;

WHEREAS, the City will have adequate staffing to deliver and complete the project with the assistance of a third-party consultant;

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WHEREAS, recognizing the anticipated complexity involved in preparing the Hamilton Avenue Precise Plan staff has recommended selection of a consultant through a formal RFP process; and

WHEREAS, the City Council has reviewed and accepted the Draft Request for Proposals (RFP) and found it to include the appropriate tasks needed for a consultant to assist the Community Development Department in preparing the Hamilton Avenue Precise Plan.

WHEREAS, a City match using ARPA funds is no longer required in FY 2024 as the MTC grant will fund the full $400,000 cost of the Hamilton Avenue Precise Plan project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby accepts the Priority Development Area (PDA) Grant from the Metropolitan Transportation Commission (MTC) to fund the Development of the Hamilton Avenue Precise Plan, approving a Master Funding Agreement , authorizing the City Manager to execute the agreement and related supplements, approving the release of a Request for Proposals (RFP) for related consultant services, and authorizing the Finance Director to prepare related budget adjustments (Attachment E of the staff report.)

PASSED AND ADOPTED this ____ day of _____, 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 (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) Exhibit A

MASTER FUNDING AGREEMENT

BETWEEN THE METROPOLITAN TRANSPORTATION COMMISSION

AND

CITY OF CAMPBELL

PLANNING, PROGRAMMING,

TRANSPORTATION, TRANSIT, LAND USE OR OTHER PROJECTS

FOR

FISCAL YEAR 2023-24 through FISCAL YEAR 2033-34

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Master Funding Agreement
Page iv

TABLE OF CONTENTS

ARTICLE PAGE

1.0 GENERAL ..................................................................................................................................... 1

2.0 INTERAGENCY AGREEMENT ADMINISTRATION .......................................................... 2

3.0 FUNDING ...................................................................................................................................... 2

4.0 TERM............................................................................................................................................. 3

5.0 PAYMENT .................................................................................................................................... 3

6.0 DELAYS AND FAILURE TO PERFORM ................................................................................ 3

7.0 AMENDMENTS ........................................................................................................................... 4

8.0 TERMINATION ........................................................................................................................... 4

9.0 USE OF THIRD PARTY CONTRACTS ................................................................................... 4

10.0 INDEMNIFICATION .................................................................................................................. 4

11.0 LAWS AND REGULATIONS..................................................................................................... 5

12.0 RECORDS ..................................................................................................................................... 5

13.0 AUDITS ......................................................................................................................................... 5

14.0 SUBCONTRACTS ........................................................................................................................ 6

15.0 PROHIBITED INTERESTS ....................................................................................................... 6

16.0 ORGANIZATIONAL CONFLICTS OF INTEREST ............................................................... 7

17.0 CHOICE OF LAW ....................................................................................................................... 7

18.0 PARTIAL INVALIDITY ............................................................................................................. 8

19.0 NO THIRD PARTY BENEFICIARIES ..................................................................................... 8

20.0 ORDER OF PRECEDENCE ....................................................................................................... 8 EXHIBIT A FORM OF SUPPLEMENT ............................................................................................... 9 EXHIBIT B-1 ADDITIONAL TERMS AND CONDITIONS (GENERAL) .................................... 11 EXHIBIT B-2 ADDITIONAL TERMS AND CONDITIONS (FEDERALLY REQUIRED CLAUSES) ............................................................................................................................................... 12 EXHIBIT B-3 ADDITIONAL TERMS AND CONDITIONS (STATE-REQUIRED CLAUSES) 20 EXHIBIT B-4 ADDITIONAL TERMS AND CONDITIONS (PREVAILING WAGE RATES,

APPRENTICESHIPS, AND PAYROLL RECORDS NON FEDERALLY FUNDED AGREEMENTS) ..................................................................................................................................... 33 EXHIBIT B-5 ADDITIONAL TERMS AND CONDITIONS (PREVAILING WAGE RATES, APPRENTICESHIPS, AND PAYROLL RECORDS FEDERALLY FUNDED AGREEMENTS) 34

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Page v

EXHIBIT B-6 ADDITIONAL TERMS AND CONDITIONS (REGIONAL TOLL FUNDS INCLUDING RM1, RM2, RM3, AND AB 1171) ................................................................................. 40 EXHIBIT B-7 ADDITIONAL TERMS AND CONDITIONS (REGIONAL DISCRETIONARY FEDERAL FUNDS INCLUDING STP AND CMAQ) ........................................................................ 46

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Attachment: Draft Resolution (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) Exhibit B

MASTER FUNDING AGREEMENT
Between METROPOLITAN TRANSPORTATION COMMISSION
And CITY OF CAMPBELL
For PLANNING, PROGRAMMING,

TRANSPORTATION, TRANSIT, LAND USE OR OTHER PROJECTS

This Master Funding Agreement, effective as of ____________ (this “Master Funding Agreement” or “Agreement”), is entered into by and between the Metropolitan Transportation Commission (hereafter “MTC”), a regional transportation planning agency established pursuant to California Government Code § 66500 et seq., and City of Campbell (hereafter "AGENCY"). MTC and AGENCY are collectively referred to herein as “the Parties.”

WITNESSETH

WHEREAS, MTC has been designated as the Metropolitan Planning Organization (MPO - federal) and the Regional Transportation Planning Agency (“RTPA” - state) for the San Francisco Bay Region; and
WHEREAS, MTC from time to time expects to provide funds available to it as MPO, RTPA or otherwise to AGENCY; and
WHEREAS, it is expected that these funds will be used for planning, programming, transportation, transit, land use or other projects relevant to MTC or its statutory purposes (the “Project” or “Projects”); and
WHEREAS, the Parties wish to set forth the terms and conditions under which MTC may from time to time provide funding to AGENCY; and
WHEREAS, before MTC will make funds available hereunder, MTC and AGENCY will enter into at least one Supplement to this Master Funding Agreement, which must be in substantially the form attached hereto as Exhibit A (each, a “Supplement”) to establish the terms and conditions applicable to AGENCY when receiving funds for the Project;
NOW, THEREFORE, the Parties hereto agree as follows:

1.0 GENERAL
This Master Funding Agreement shall have no force and effect with respect to a Project or any portion thereof unless and until a Supplement has been fully executed by both MTC and AGENCY

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Attachment: Draft Resolution (Accepting PDA Grant from MTC for Hamilton Precise Plan, Authorize CM to Execute Grant & Release RFP) MTC/City of Campbell
Master Funding Agreement