Agenda, regular meeting — Campbell City Council, October 3, 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. Vice Mayor Landry will attend virtually from 2405 Via Mariposa West, Unit 1B, Laguna Woods, CA 92637. A quorum of the City Council will be in attendance at the Campbell City Hall Council Chambers.

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, October 3, 2023 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Proclamation Declaring the Month of October as “National Breast Cancer Awareness Month” in the City of Campbell
Recommended Action: It is recommended that the City Council proclaim the month of October as “National Breast Canc er Awareness Month” in the City of Campbell.

2. Recognize Shirley Loffer for Serving Two Terms (Six Years) as the Sourcewise Advisory Council Representative for the City of Campbell Recommended Action: That the City Council recognize Shirley Loffer for s erving two terms (six years) as the Sourcewise Advisory Council Representative for the City of Campbell.

3. 202 3- 2024 Campbell Youth Commission Introduction
Recommended Action: R eceive the Campbell Youth Commission presentation.

4. SVCE Electric Showcase Award Presentation
Recommended Action: A ccept Pr esentation from Silicon Valley Clean Energy Awarding Judy Wong, A Campbell Resident, the 2023 Electric Showcase Award for Her Efforts to Reduce Greenhouse Gas Emissions.

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.

5. Minutes of City Council Regular Meeting of September 19, 2023 Recommended Action: Appr ove the regular meeting minutes of September 19, 2023.

6. A pproving Bills and Claims
Recommended Action: A pprove the bills and claims in the amount of $1,091,152.85.

7. M onthly Investment Transactions Report (August 2023) Recommended Action: T hat the City Council review and accept the Monthly Investment Transactions Report for August 2023.

8. M onthly Treasurer's Report (August 2023)
Recommended Action: T hat the City Council review and accept the Monthly Treasurer’s Report for the month ended August 31, 2023.

9. S econd Reading of Ordinance 2297 to Approve a City -Initiated Te xt 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); and Second Reading of Ordinance 2298 Amending Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right-Of-Way (Ordinances/Roll Call Vote)

Recommended Action: That the City Council approve the second readings and adopt Ordinance 2297 adding Chapter 11.13 to the Campbell Municipal Code for Wireless Communication Facilities in the Public Rig ht-of-Way (Other Than Small Cell Wireless Facilities); and adopt Ordinance 2298 amending Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right-of-Way.

10. Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing Subsequent Repairs Per the Executed Contract Services Agreement with Burr Plumbing and in Accordance with California State Public Contract s Code (PCC) Sections 20168 and 22050 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) accepting updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizing subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in the event of an emergency, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereaf ter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.

11. Accept Improvements for the Campbell Park Improvements Project No. 17- DD and File Notice of Completion (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution accepting the improvements for the Campbell Park Improvements Project No. 17 -DD; directing the City Engineer to file the Notice of Completion; and authorizing the Finance Director to perform a 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.

12. Public Hearing to Consider an Appeal of the Planning Commission’ s Denial of a Conditional Use Permit with Site and Architectural Review to Al low 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 Trees, for Property Located at 570 E.

Hamilton Avenue. File No.: PLN-2022-44 (Resolution/Roll Call Vote) Recommended Action: That the City Council consider the request for continuance of the public hearing to a date certain of November 7, 2023.

NEW BUSINESS

13. 2023 Oktoberfest Special Event Permit and Fee Waiver Request (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving the Campbell Chamber of Commerce’s application for a Downtown Special Event Permit for their 2023 Oktob erfest event; and, consider a resolution approving the Campbell Chamber of Commerce’s request to approve a fee waiver with a not to exceed permit fee of $35,000.

14. Water Tower Lighting Policy Updates (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution updating the Water Tower Lighting Policy to add Indigenous Peoples' Day to the same day the City lights the Water Tower to recognize the Columbus Day Holiday; and, provide direction to staff regarding the color theme in observance of both.

UNFINISHED BUSINESS

15. Legislative Advocacy Principles Update
Recommended Action: Approval of Updates to the Legislative Advocacy Principles Policy as recommended by the Legislative Subcommittee.

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 pack et 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 mate rials will also be available on the City website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet following the last item of the agenda, subject to staff’s ability to post the documents prior to the meeting. All documents not posted prior to the meeting will be posted the next business day.

In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the City Council Chambers. If you require accommodation, please contact the City Clerk’s Office, (408) 866-2117, at least one week in advance of the meeting.

City
Council
Report

TITLE: Proclamation Declaring the Month of October as “National Breast Cancer Awareness Month” in the City of Campbell

RECOMMENDED ACTION

It is recommended that the City Council proclaim the month of October as “National Breast Cancer Awareness Month” in the City of Campbell.

DISCUSSION

National Breast Cancer Awareness Month is an annual campaign held each October to increase awareness, enc ourage early detection and honor those who have battled this disease. Breast cancer is the second most common cancer in women and an estimated 1 in 8 women will develop breast cancer at some point in their lifetime.

The American Cancer Society works to i mprove the lives of people with cancer and their families through advocacy, re search, and patient support, to ensure everyone has an opportunity to prevent, detect, treat and survive breast cancer.

During Breast Cancer Awareness Month in October and thro ughout the year – people wear pink ribbons to honor survivors, remember those lost to the disease and to support the progress being made to defeat breast cancer.

Early detection is the most important strateg y for treating breast cancer . This program provides free breast and cervical cancer screening s to low-income or uninsured women in every State.

To find out how to get screened through this program,
visit:cdc.gov/cancer/nbccedp/screenings.htm.

In addition to the Early Detection Program, the Affordable Care Act (ACA) provided millions of woman access to prevent ative services, such as screening tests and mammograms with no out-of-pocket costs.

Additional information on breast cancer pr evention, screenings, statistics, research, and clinical trials can be found at the American Cancer Society or by calling 1 -800-227- 2345.

Item: 1
Category: SPECIAL PRESENTATIONS

AND PROCLAMATIONS
Meeting Date: October 3, 2023
1 Packet Pg. 5
National Breast Cancer Awareness Month Page 2 of 2

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

Prepared by:

Andrea Sanders, City Clerk
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Proclamation- National Breast Cancer Awareness Month 2023 1 Packet Pg. 6

PROCLAMATION OF THE

MAYOR OF THE CITY OF CAMPBELL

WHEREAS, National Breast Cancer A wareness M onth is an annual campaign to increase awareness a nd public knowl edge about breast cancer, as well as an opportunity to raise funds for research; and

WHEREAS, each year in the United States, over 281,550 women will be diagnosed with breast cancer; and

WHEREAS, During Breast Cancer Awareness Month in October and throughout the year – people wear pink ribbons to honor survivors, remember those lost to the disea se and to support the progress being made to defeat breast cancer; and

WHEREAS, early detection and regular screenings are the most reliable way to detect breast cancer early and treat this disease; and

WHEREAS, we stand with th e courageous woman and men who have been diagnosed with breast cancer and applaud the advocates, medical professionals, and caregivers who dedicate their lives to making progress toward cures for this disease.

NOW, THEREFORE, I, Anne Bybee, Mayor of the City of Campbell, do hereby proclaim the month of October 2023, as National Breast Cancer Awareness Month, in the City of Campbell.

WITNESS MY HAND AND SEAL OF THE CITY OF CAMPBELL this
3rd day of October 2023.

______________________________
Anne Bybee, Mayor
City of Campbell, California

1.a
Packet Pg. 7
Attachment: Proclamation- National Breast Cancer Awareness Month 2023 (National Breast Cancer Awareness Month) City
Council
Report
TITLE: Recognize Shirley Loffer for Serving Two Terms (Six Years) as the Sourcewise Advisory Council Representative for the City of Campbell

RECOMMENDED ACTION
That the City Council recognize Shirley Loffer for serving two terms (six years) as the Sourcewise Advisory Council Representative for the City of Campbell.

BACKGROUND
Sourcewise is a non -profit organization designated by the State o f California as the Area Agency on Aging for Santa Clara County whose role is to provide programs and advocacy for older adults and persons with disabilities. Sourcewise has a 36 -member Advisory Council who represents the County, cities, various senior org anizations, and interest groups. The Sourcewise Advisory Council meets on a monthly basis and works on various broad-based advocacy issues for older adults related to legislation and policy development.

DISCUSSION
Shirley Loffer has served a maximum of two terms (six years) from June 30, 2017 through June 30, 2023 as the City of Campbell’s representative on the Sourcewise Advisory Council. During her two terms, Shirley was a member of the Planning Committee and the co -chair of the Membership Committee . Shirley was instrumental in the development of the Sourcewise four -year plan that assesses the needs and available services and lays out the goals and programs to support older adults in Santa Clara County. Her leadership and advocacy efforts facilitated a positive impact to the mission of the Sourcewise Advisory Council.

The City extends its sincere appreciation to Shirley for her dedicated service to the older adult community.

Item: 2
Category: SPECIAL PRESENTATIONS

AND PROCLAMATIONS
Meeting Date: October 3, 2023
2 Packet Pg. 8
Sourcewise Advisory Council Recognition Page 2 of 2
2 Packet Pg. 9
Prepared by:

Tina Wong-Erling, Senior Services
Supervisor
Reviewed by:

Natasha Bissell, Recreation and
Community Services Director
Approved by:

Brian Loventhal, City Manager

City
Council
Report
TITLE: 2023-2024 Campbell Youth Commission Introduction

RECOMMENDED ACTION
Receive the Campbell Youth Commission presentation.

DISCUSSION
Newly selected members of the Campbell Youth Commission will be introduced to City Council and the community. The 14 students were selected out of nearly 40 applicants by a panel comprised of the previous and current Youth Commission Staff Liaisons and fellow Recreation Department Staff. The members of the Campbell Youth Commission are Campbell residents who are in grades 8 -12 this school year. The students attend Prospect High School, Westmont High School, Del Mar High School, Archbishop Mitty High School, Bellarmine College Preparatory, The Harker School, Lincoln High School, and Rolling Hills Middle School.

These students will represent thoughts and concerns of teens throughout Campbell.

The group will generate their work plan that will address teen specific issues and common topics important to teens and partner with local organizations. The Campbell Youth Commission began their formal meetings on September 11, 2023.

Commissioners will be learning how local government functions and how to follow traditional formalities of a meeting similar to City Council and other advisory commissions.

Prepared by:

Gracey Ferrel, Recreation Coordinator
Reviewed by:

Item: 3
Category: SPECIAL PRESENTATIONS

AND PROCLAMATIONS
Meeting Date: October 3, 2023
3 Packet Pg. 10
Natasha Bissell, Recreation and
Community Services Director
2023-2024 Campbell Youth Commission Introduction Page 2 of 2 Approved by:

Brian Loventhal, City Manager
3 Packet Pg. 11
City
Council
Report
TITLE: SVCE Electric Showcase Award Presentation

RECOMMENDED ACTION
Accept Presentation from Silicon Valley Clean Energy Awarding Judy Wong , A Campbell Resident, the 2023 Electric Showcase Award for Her Efforts to Reduce Greenhouse Gas Emissions.

BACKGROUND
Silicon Valley Clean Energy (SVCE) is th e local clean electricity provider for thirteen jurisdictions in Santa Clara County, including the City of Campbell. Since its formation, SVCE ha s helped reduce 530 million pounds of CO2 and has saved Campbell customers more than $4 million in electricity bills.

SVCE also pro vides a variety of programs to help customers reduce greenhouse gas emissions, including the FutureFit Homes Rebate Program - SVCE (svcleanenergy.org), which provides up to $8,000 in funds to residents who replace gas appliances with efficient, clean appliances such as heat pump water heaters and furnaces.

Further SVCE sponsors the Electric Showcase Awards - 2023 - SVCE (svcleanenergy.org), which recognize people in the community who are leading the way in electrifying buildings.

DISCUSSION
This year, SVCE sel ected 16 winners from more than 150 applications to receive an Electric Showcase Award . Among the winners was Judy Wang, a Campbell resident.

Judy has upgraded her home and lifestyle to include t he installation of a heat pump water heater, the purchase of an electric vehicle, and the installation of rooftop solar panels. When asked about her experience with transitioning to electric technology , Judy replied, “Since making the switch, I haven't lo oked back and am saving up money to go fully electric one appliance at a time!”
SVCE staff will be present at the October 3, 2023 , City Council meeting to present the Electric Showcase Award to Judy and recognize her many efforts to reduce greenhouse gas emission. A link to a video highlighting the various Electric Showcase Award Item: 4
Category: SPECIAL PRESENTATIONS

AND PROCLAMATIONS
Meeting Date: October 3, 2023
4 Packet Pg. 12
SVCE Electric Showcase Award Presentation Page 2 of 2
Winners, including Judy, can be found here: https://svcleanenergy.org/electric- showcase-awards-23/rds.

FISCAL IMPACT
There is no fiscal impact with this action.
4 Packet Pg. 13
Prepared by:

Angelique Gaeta, Assistant City Manager
Approved by:

Brian Loventhal, City Manager

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

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, September 19, 2023 7:30 p.m.

City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed pu rsuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).

This meeting was recorded and can be viewed in its entirety at www.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
Mayor Bybee led the Pledge of Allegiance.

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

COMMUNICATIONS AND PETITIONS
There were no communications and petitions.

ORAL REQUESTS
Amy Taylo r, Campbell res ident and owner of Cloud City Supply, requested the City Council address the paid parking lot issue and the concern with a n un -named businesses’ parklet permit.
5 Packet Pg. 14
Minutes Acceptance: Minutes of Sep 19, 2023 7:30 PM (CONSENT CALENDAR) Minutes of September 19, 2023 City Council Meeting Page 2 Steve Saunders, Campbell resident, expressed his concerns with the large groups of Bicyclists who ride through Downtown and do not obey the rules of the road.

COUNCIL ANNOUNCEMENTS
The City Clerk’s office is accepting applications for two positions on the Bicycle and Pedestrian Advisory Commi ttee. These are full term appointments expiring August 2028. To find out more about this C ommittee, or to apply, please contact the City Clerk’s office at (408) 866-2117, or visit the city’s website at campbellca.gov.

You are invited to attend a Family Health and Wellness Fair on Saturday, September 30 from 1:00-4:00 pm at Castlemont Elementary School located at 3040 E. Payne Avenue in Campbell. There will be fun activities for everyone. Kids can catch up on import ant health sc reenings from local doctors for free. This event is a joint partnership with Assemblyman Marc Berman, Campbell Union School District, Valley Health Foundation and the Santa Clara C ounty Public Health Department. For more information, please visit asmdc.org.

The Caregivers Count Conference is an annual virtual event designed for families and friends caring for loved ones. This conferenc e features professional speakers covering wide ranging topics to support caregivers. There are two days remaining , September 23 and 30 will be from 10 :00 am to 12 :00 pm. For more information, or to register, please visit caregiverscount.net.

On Sunday, October 1 at 7:30 am at Campell Park you are invited to participate in the 9th annual Teal Run 5k Fun Run/Walk. The Teal Run is a day of hope, love and support for women and families affected by ovarian cancer. Take part in the fun filled event that will have many activities in addition to the 5K run/walk. There will be a survivor ceremony, art, face painting, photo booth, bubble show, kids’ fun run and so much more. For more information, or to register for this event, please visit thetealrun.org.

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

Free Youth Heart Screening at the Campbell Commu nity Center, Orchard City Banquet Hall from 9:00 am to 4 :00 pm on Saturday, Octob er 28 . For additional information, please visit campbellca.gov.

CONSENT CALENDAR
Mayor Bybee asked if anyone wished to rem ove an item from the Consent Calendar.

The Consent Calendar was considered as follows:

1. Minutes of City Council Executive Session Meeting of September 5, 2023 5 Packet Pg. 15
Minutes Acceptance: Minutes of Sep 19, 2023 7:30 PM (CONSENT CALENDAR) Minutes of September 19, 2023 City Council Meeting Page 3 Recommended Action : Approve the executive session meeting minutes of September 5, 2023.

This ac tion approves 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.

This action approves 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.

This action appr oves the bi lls and claims in the amount of $3,315,677 .75, as follows: bills and claims checks dat ed August 21, 2023, in the amount of $295,090.79; bills and claims checks dated A ugust 25, 2023, in the amount of $11,888.32; bills and claims checks dated August 28, 2023, in the amount of $2,934,309.65; and payroll checks d ated Aug ust 31, 2023, in the amount of $74,388.99.

4. Resolution Approving an Agreement with Burr Plumbing to Provide Equipment and Labor Services, in an Amount N ot to Exceed $290,180, for Completion of the Remaining Gas Line Repairs at the Campbell Community Center; Authorization for the City Mana ger to Exe cute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100; and Authorization for the Finan ce 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.

Resolution 13046 approves an agree ment 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; authorizes the City Manager to execute said agreement as specified in C ampbell Municipal Code Section 3.20.100; and authorizes the Finance Director to execute a budget adjustment in the amount of $290,180 to fund the associated improvements, including the desk item.

5. Resolution Authorizing : 1) the Solicitation of Bids for C oncrete Repair Services for the City’s Annual Sidewalk, Curb, and Gutter Improvement s (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 Perio d of Up to 5 Packet Pg. 16
Minutes Acceptance: Minutes of Sep 19, 2023 7:30 PM (CONSENT CALENDAR) Minutes of September 19, 2023 City Council Meeting Page 4 One (1) Year, Plus Optio ns 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 Mu nicipal Code Section 3.20.100 (Reso lution/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 ser vice 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 13047 authorizes: the solicitation of bids for concrete repair services for the City’s annual Sidewalk, Curb, and Gu tter Improvements (No. 24-GG); 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 contr acts, not to exceed $75,000 per year, for a total of up to five (5) years; and the City Manager to execute said agreement as specified i n Campbell Municipal Code Section

3.20.100.

6. Resolution Approving a First Amendment to the Recycling and Waste Reduction Commission (RW RC) 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 C ode Section 3.20.100 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) approving a first ame ndment to the Recycling and Waste Reduction Commission (RWRC) Memorandum of Agreement (MOA) permitting access to telecon ference options as specified in Section 54953(b) of the Ralph M. Brown Act; and 2) authorizing the City Manager to execute said agreemen t as specified in Campbell Municipal Code Section 3.20.100.

Resolution 1304 8 approves a first ame ndment to the Recyclin g and Waste Reduction Commission (RWRC) Memorandum of Agreement (MOA) permitting access to teleconference options a s specified in Section 54953(b) of the Ralph M. Brown Act; and authorizes the City Manager to execute said agreemen t 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 t he Community Development D irector to submit a County Climate Change Adaptation and Mitigation Grant application for the Campbell Climate Action Plan.
5 Packet Pg. 17
Minutes Acceptance: Minutes of Sep 19, 2023 7:30 PM (CONSENT CALENDAR) Minutes of September 19, 2023 City Council Meeting Page 5 Resolution 13049 authorizes the Community Development Director to submit a County Climate Change Adaptation and Mitigation Grant ap plication for the Campbell Climate Action Plan.

8. Water Tower Lighting Request - Teal Foundation
Recommended Action: That the City Council approve the T eal Foundation's request to light the Campbell Water Tower teal on September 30 to support Ovarian Cancer Awareness Month and to raise aw areness of the "Teal Run" on Sunday, October 1 at Campbell Park.

This action a pproves 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 prep are an associated budget adjustment.

Resolution 13050 authorizes 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.

Vice Mayor Landry expressed her appreciation for the donation.

M/S: Landry/Lopez - That the C ity Council approve the Consent Calendar, including the Desk Item for item four. The motion was adopted by the following roll call vote:

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

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

10. Continued Public Hearing to Consider a Resolutio n, as Directed by the City Council, Approving an Appeal and Overturning the Planning Commission’s Approval of a Varianc e to Allow Construction of a Single -Family Dwelling with an Attached Accessory Dwelling Unit with Substa ndard 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. 5 Packet Pg. 18
Minutes Acceptance: Minutes of Sep 19, 2023 7:30 PM (CONSENT CALENDAR) Minutes of September 19, 2023 City Council Meeting Page 6 This is the time and place for a publi c hearing to consider a resolution, as directed by the City Council, approving an appeal and overturning the Planning Commission’s approval of a Varianc e to allow construction of a Single -Family Dwelling with an attached Accessory Dwe lling Unit with substandard front- and street-yard setbacks.

Senior Planner Fa ma p resented a staff report dat ed September 19, 2023. He noted the property owner’s legal representative had submitted a letter for continuance to the next Council meeting.

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

Representative for the applicants requested this hearing be continued to the following Council meeting of October 3, 2023 so that he could have additional time to review the file
Adrian Sa rmento, Campbell resident requested this item not b e continued and that the City Council approve the appeal.

Leanne Ham akin, Campbell resident requested this item not b e continued and that the City Council approve the appeal.

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

Councilmember Furtado stated it would be appropriate to grant the continuance.

Other Councilmembers were not supportive of the continua nce. They noted t he applicants have had ample opportunities to address the Council’s concerns and this item has had two prior continuances.

After discussion, M/S: Landry/Lopez - That the City Council adopt resolution 13051 approving an appeal and overturning the Planning Commission’s approval of a Variance. The motion was adopted by the following roll call vote:

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

11. Public Hearing to Consider a City -Initiated Text Amendment to the Campbell Municipal Code by Addi ng Chapter 11.13 for Wireless Communication Facilities in the Publ ic 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- 5 Packet Pg. 19
Minutes Acceptance: Minutes of Sep 19, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of September 19, 2023 City Council Meeting Page 7 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 Permitti ng 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 C ity’s costs related to wireless communication facilities in the public right-of-way.

This is the time and place for a publi c hearing to consider a City-Initiated Text Amendment and Adopting Resolutions to Adopt the Wireless Facility Permitting Guidelines and a Wireless Facility Fee Schedule

City Attorney Seligmann introduced the item and his firm ’s Associate Stephanie Hall.

Attorney Stephanie Hall presented a staff report dated September 19, 2023.

Mayor Bybee opened the public hearing and asked i f anyone wished to s peak.

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

After discussion, M/S: Lopez /Landry - That the City Council introduce for first reading Ordinance 2297 adding Chapter 11.13 to the Campbell Municipal Code for Wire less Communication Facilities in the Public Right - of-Way (Other Than Small Cell Wireless Facilities); and Ordinance 229 8 amending Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right -of-Way; adopt Resolution 13052 (a) approving the Wireless Facility Permitti ng Guidelines and (b) authorizing the City Engineer to update the Wireless Facility Permitting Guidelines at any time; and adopt Resolution 13053 adopting a Fee Schedule for the City’s costs related to wire less communication facilities in the pu blic right- of-way. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Landry
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
City Clerk Sanders read the full titles of Ordinance 2297 and 2298. 5 Packet Pg. 20
Minutes Acceptance: Minutes of Sep 19, 2023 7:30 PM (CONSENT CALENDAR) Minutes of September 19, 2023 City Council Meeting Page 8 M/S: Furtado/Lopez – That the City Council waive further reading of Ordinance 2297 and Ordinance 2297. The motion was adopted by the following roll call vote:

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

NEW BUSINESS

12. Approval of Downtown Campbell Business Association Special Event Permits (Resolution/Roll Call Vote)
Recommended A ction: That the City Council adopt a resolution approving the issuance of a Specia l Event Permit to the Downtown Campbe ll Business Association for the Creepy Crawly Halloween event, the Carol of Lights event, and the Bunnies and Bonnets Parade, as describe d; 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.

Police Captain White presented a staff report dated September 19, 2023.

Mayor Bybee asked if anyone from the public wished to speak. There were no public speakers.

Councilmembers expressed their support for these events, and noted the benefit that they provide to the community.

M/S: Scozzola/F urtado – That the City Council adopt Resolution 1 3054 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 describe d; 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. The motion was adopted by the following roll call vote:

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

13. Accepting a Priority Development Are a (PDA) Grant from the Metropolitan Transportation Comm ission (MTC) to Fund the Development of the Hamilton Avenue Precise Plan, Approving a Master Funding Agreement, Authorizing the City Mana ger to Execute the Agreement and Related Supplements, Approving the Release of a Request for Proposals (RFP) for 5 Packet Pg. 21
Minutes Acceptance: Minutes of Sep 19, 2023 7:30 PM (CONSENT CALENDAR) Minutes of September 19, 2023 City Council Meeting Page 9 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 Devel opment Area (PDA) grant from the Metropolitan Transport ation 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.

Senior Planner Rose presented a staff report dated September 19, 2023.

Following Council qu estions, M ayor Bybee asked if anyone from the public wished to speak.

Rigo Gallardo, Union Carpenter of Local 405 advocated for the implementation of area labor standards that encompass access to he althcare, accred ited apprenticeship programs, a livable wage and commitment to hiring local labor.

The City Council discussed the makeup of Ad-Hoc Advisory Group to include not only current commissioners but adding in resident members.

After discussion, M/S: Furtado/Scozzola - That the City Council adopt Resolution 13055 accepting a Priority Development Area (PDA) grant from the Metropolitan Transport ation 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. The motion was adopted by the following roll call vote:

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

14. Approval of All Star Talent Agreem ent 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 authori zing the City Manager to enter into a Professional Services Agreement and sign the one -year contract wit h All Star Talent, for the manage ment of the Police Department's online recruitment and marketing campaign, and dispensing with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(4).
5 Packet Pg. 22
Minutes Acceptance: Minutes of Sep 19, 2023 7:30 PM (CONSENT CALENDAR) Minutes of September 19, 2023 City Council Meeting Page 10 Police Captain White presented a staff report dated September 19, 2023.

Following Council ques tions, M ayor Bybee asked if anyone from the public wished to speak. There were no public speakers.

After discussion, M/S: Landry/Lopez - That the City Council adopt Resolution 13056 approving a one -year contract with All Star Talent and authori zing the City Manager to enter into a Professional Services Agreement and sign the one-year contract with All Star Talent, for the manage ment of the Police Department's online recruitment and marketing campaign, and d ispensing with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(4). The motion was adopted by the following roll call vote:

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

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 ado pt a resolution to: 1) award the construction contract for the Measure O - Campbell Library Ren ovations Project (No. 23 -SS) to the lowest responsible bidder, Lathrop Construction Associates, Inc.; 2) approve the construction contrac t in the amount of $18,1 89,000, 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.

Public Works Director Capurso presented a staff report dated September 19, 2023.

Following Council ques tions, M ayor Bybee asked if anyone from the public wished to speak.

Santa Clara County Librarian Jennifer Weeks expressed her appreciation to staff and the City Council and stated how excited she was that the project construction would begin soon.

The City Council expressed their appreciation to Staff and voiced their support of the project.

Vice Mayor Landry thanked the Friends of the Library for their support. 5 Packet Pg. 23
Minutes Acceptance: Minutes of Sep 19, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of September 19, 2023 City Council Meeting Page 11 After discus sion, M/S: Landry/Scozzola – That the City Council a dopt Resolution 13057 to award the construction contract for the Measure O - Campbell Library Ren ovations Project (No. 23-SS) to the lowest responsible bidder, Lathrop Construction Associates, Inc.; approve the construction contrac t in the amount of $18,189,000, plus a 10% construction contingency of $1,818,900; authorize the City Manager to execute said agreement as speci fied in Campbell Municipal Code Section

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

The motion was adopted by the following roll call vote:

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

COUNCIL COMMITTEE REPORTS

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

Councilmember Furtado att ended the Emergency Operational Area Counci l meeting; attended the West Valley Clean Water JPA; attended the Campbell Police Department (CPD) Open House event with Vice Mayor Landry ; attended the CPD event at Edith Morley Park.

Vice Mayor Landry took a tour of the Santa Clara Valley Water District County Water Commission Water Purification facility through; attended the Economic Development Subcommittee meeting with Councilmember Lopez ; attended the 9/11 Day of Remembrance event hosted b y Senator Dave Cortese ; spoke at the State of the City; attended the City of Campbell Health Fair; attended the Campbell Police Department Open House event with Councilmember Furtado; and will be attending Senator Becker’s District Office Open House event on Friday September 22.

Councilmember Lopez attended the Bay Area Quality Management Dirst Board of Directors meeting; attended the Santa Clara Valley Transportation Authority Board of Directors meeting; and attended a meeting of the Campbell Ministerial group and noted their upcoming multi-cultural Thanksgiving service tentatively scheduled for November 19, 2023.

Councilmember Scozzola attended a meeting of Silicon Valley Clean En ergy; attended the Santa Clara Valley Transportation Authori ty Policy Advis ory Board meeting; and attended the Campbell Historical Museum and Ai nsley House Foundation meeting.

ADJOURN
Mayor Bybee adjourned the meeting at 9:29 p.m.
5 Packet Pg. 24
Minutes Acceptance: Minutes of Sep 19, 2023 7:30 PM (CONSENT CALENDAR) Minutes of September 19, 2023 City Council Meeting Page 12 APPROVED:

ATTEST:

Anne Bybee, Mayor
Andrea Sanders, City Clerk
5 Packet Pg. 25
Minutes Acceptance: Minutes of Sep 19, 2023 7:30 PM (CONSENT CALENDAR) City
Council
Report
TITLE: Approving Bills and Claims

RECOMMENDED ACTION
Approve the bills and claims in the amount of $1,091,152.85.

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 September 04, 2023 $845,499.77
Bills & Claims September 11, 2023 $212,189.82
Payroll September 14, 2023 $33,463.26
Total $1,091,152.85

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

Item: 6
Category: CONSENT CALENDAR
Meeting Date: October 3, 2023
6 Packet Pg. 26
Prepared by:

Celia Deniz, Accounting Clerk II
Reviewed by:

Will Fuentes, Finance Director

Approving Bills and Claims Page 2 of 2
6 Packet Pg. 27
Approved by:

Brian Loventhal, City Manager

City
Council
Report
TITLE: Monthly Investment Transactions Report (August 2023)

RECOMMENDED ACTION
That the City Council review and accept the Monthly Investment Transactions Report for August 2023.

BACKGROUND
As required by California Government Code (GC) Section 53607, staff will submit to the City Council Monthly Investment Transaction Reports within 45 days of the prior month end that show a listing of investments purchased, sol d, called, or that have reached maturity, along with any Local Agency Investment Fund ( LAIF) transfers. This is in addition to the Quarterly Investment Report, which shows a number of other items listed under Section VII.A of the City’s Investment Policy a nd is also submitted to the City Council within 45 days from the end of the prior quarter.

DISCUSSION
This Monthly Investment Transaction Report covers August 2023. As shown in Attachment A , staff made five withdrawals from the City’s Local Agency Invest ment Fund (LAIF) for $ 7.3 million to manage weekly expenditures. The monthly LAIF investment rate rose to 3 .434%. Approximately $ 80,500 in BNY investment interest earned was deposited into the City’s Wells Fargo cash account. Consistent with the recommended FY 2023-24 Investment Strategy approved by the City Council on September 5 , 2023 staff continues to watch for moderately long-term investment opportunities outside of LAIF , as interest rates remain high to provide the highest yet still safe return s, consistent with the City’s Investment Policy. Please note that all investment purchases made adhere to the City’s Investment Policy.

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

Item: 7
Category: CONSENT CALENDAR
Meeting Date: October 3, 2023
7 Packet Pg. 28
Monthly Investment Transactions Report (August 2023) Page 2 of 2 7 Packet Pg. 29
Prepared by:

John Formale, Accountant
Reviewed by:

Will Fuentes, Finance Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Monthly Investment Activity Report-8.31.23

CITY OF CAMPBELL
Monthly Investment Transactions Report
August 1 to August 31, 2023
Account Trans. Date Aug 2023
LAIF - ******137
Average Monthly Yield 3.434%
Beginning Balance 72,831,851$
Transactions
Withdrawal 08/02/2023 (750,000)
Withdrawal 08/09/2023 (200,000)
Withdrawal 08/16/2023 (600,000)
Withdrawal 08/21/2023 (600,000)
Withdrawal 08/22/2023 (5,100,000)
Monthly Total (7,250,000)
Ending Balance 65,581,851$
Account*** Trans. Date Aug 2023
Bank of New York (BNY) - ******818
Beginning Balance 26,999,860$
Transactions
Ending Balance 26,999,860$
***BNY Investment interest received and posted to Wells Fargo cash account 80,488$

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Attachment: Monthly Investment Activity Report-8.31.23 (Monthly Investment Transactions Report (August 2023)) City
Council
Report
TITLE: Monthly Treasurer's Report (August 2023)

RECOMMENDED ACTION
That the City Council review and accept the Monthly Treasurer’s Report for the month ended August 31, 2023.

BACKGROUND
California government code section 41004 requires that the City Treasurer submits to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The City of Campbell’s Finance Director has the responsibility of City Treasurer. This report is prepared to fulfill this requirement.

This report provides financial transaction data for the City of Campbell’s Funds collectively, including the City’s General (Operating) Fund.

DISCUSSION
This Monthly Treasurer’s Report details and summarizes receipts, disbursements, and fund balances for the month ended August 31, 2023. As shown in Attachment A, the City recognized $3.4 million in revenues and incurred $ 7 million in expenditures in total, for all City funds. The City’s overall ending fund balance for August 2023 is $91 million, a decrease of $7.9 million from the prior month.

For the month of August 2023, the City’s General Fund recognized $ 1.9 million in revenues and incurr ed $ 5.8 million in expenditures. The City’s ending General Fund balance for August 2023 is $ 12.3 million, a decrease of $ 8.5 million from the prior month.

FISCAL IMPACT
There is no fiscal impact associated with the review and acceptance of the Monthly Treasurer’s Report.

Item: 8
Category: CONSENT CALENDAR
Meeting Date: October 3, 2023
8 Packet Pg. 31
Monthly Treasurer's Report (August 2023) Page 2 of 2
Prepared by:

Carolina Vargas, Accountant
Approved by:

Brian Loventhal, City Manager
Attachment:
a. 2023.08 Fund Balance report
8 Packet Pg. 32
Prepared by:

Carolina Vargas, Accountant
Approved by:

Brian Loventhal, City Manager
Attachment:
a. 2023.08 Fund Balance report

City of Campbell
Changes in Total Fund Balance
For the month ended August 31, 2023
Beginning Fund
Balance
07/01/2023
Increase/
(Decrease)
July
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out
Fund Balance
as of
08/31/2023
General Fund
Restricted Fund Balance - - - - - - -
-
Committed Fund Balance -
General Plan Update - - - - - - -
Compensated Absences 961,449.18 - - - - - 961,449.18 Liability insurance 105,930.00 - - - - - 105,930.00 Available Capital Improvement Reserve 1,144,790.00 - - - - - 1,144,790.00 Committed Capital Improvement Reserve 897,782.36 - - - - - 897,782.36 Community Center Facility 71,019.36 - - - - - 71,019.36 Heritage Theater 268,542.19 - - - - - 268,542.19 Historic Preservation - - - - - - -
-
Assigned Fund Balance -
Capital Projects (Construction Tax) 517,241.90 - - - - - 517,241.90 Unemployment insurance 90,000.00 - - - - - 90,000.00 PERS 2,252,000.00 - - - - - 2,252,000.00
OPEB 370,102.00 - - - - - 370,102.00
Encumbrances 988,517.81 - - - - - 988,517.81 -
Unassigned Fund Balance -
Unassigned 1,000,000.00 (5,885,263.43) 1,865,239.20 (5,854,860.94) - - (8,874,885.17) City Council Reserve 362,624.00 - - - - - 362,624.00 Economic fluctuations 9,955,452.00 - - - - - 9,955,452.00 Emergency 3,207,453.65 - - - - - 3,207,453.65 General Fund Total 22,192,904.45 (5,885,263.43) 1,865,239.20 (5,854,860.94) - - 12,318,019.28 Special Revenue
Vehicle Impact 3,302,284.43 155,977.87 57,998.05 - - - 3,516,260.35 Gas Tax 1,593,293.08 (33,666.46) 217,736.79 (162,373.70) - - 1,614,989.71 Asset Forfeiture 107,753.48 3,491.89 1,352.66 - - - 112,598.03 Lighting & Landscape District 1,493,032.12 (513,126.80) 9,963.90 (340,345.02) - - 649,524.20 Housing & Community Development 345.85 - - - - - 345.85 Environmental Services 449,939.27 184,320.66 155,162.80 (16,965.29) - - 772,457.44 Supplemental Law Enforcement 180,648.36 (18,476.76) (11,082.28) - - 151,089.32 State & Other Grants (1,462,131.52) 332,502.00 332,502.00 - - - (797,127.52) TDA Grant 417,956.48 7,748.00 - - - - 425,704.48 Federal Grants 898,337.88 404,503.46 404,503.46 - - - 1,707,344.80 ARPA Fund (897,748.65) 139,234.00 - - - - (758,514.65) Housing Assistance 8,509,188.04 (34,496.71) - (26,039.13) - - 8,448,652.20 Community Restitution Fund 97,234.82 5,868.00 550.00 - - - 103,652.82 Community Facilities District #1 897.63 (957.55) - - - - (59.92) Community Facilities District #2 201,961.13 3,232.81 - (317.19) - - 204,876.75 Parkland Dedication 4,594,726.14 161,464.00 38,499.00 - - - 4,794,689.14 Recreation - Private Grants 6,022.19 112.00 - - - - 6,134.19 Adult Center 16,683.86 309.00 - - - - 16,992.86 Special Revenue Fund Total 19,510,424.59 798,039.41 1,218,268.66 (557,122.61) - - 20,969,610.05 Debt Service
Measure O 4,123,176.64 64,522.43 2,426.43 - - - 4,190,125.50 LID #30 32,333.61 599.00 - - - - 32,932.61 2016 Refunding Lease Revenue Bond 19,461.23 120.66 1.86 - - - 19,583.75 Debt Service Fund Total 4,174,971.48 65,242.09 2,428.29 - - - 4,242,641.86 Internal Service Fund
Motor Vehicle Pool 1,003,754.26 85,070.01 94,779.42 (71,108.98) - - 1,112,494.71 Information Technology Pool (934,589.55) (97,978.39) 96,832.65 (126,316.91) - - (1,062,052.20) Worker's Compensation 671,085.57 52,310.43 52,609.46 (128,446.18) - - 647,559.28 Internal Service Fund Total 740,250.28 39,402.05 244,221.53 (325,872.07) - - 698,001.79 Trust/Agency
Successor Agency 1,857,251.38 6,367.23 4.72 - - - 1,863,623.33 West Valley Solid Waste JPA 340,277.17 99,470.47 37,500.00 (37,500.01) - - 439,747.63 SCC Specialized Enforcement Team - - - - - - -
Trust/Agency Fund Total 2,197,528.55 105,837.70 37,504.72 (37,500.01) - - 2,303,370.96 Capital Project
Capital Projects Fund (2,653,646.36) (267,300.10) - (253,339.68) - - (3,174,286.14) Measure O CIP Fund 52,842,126.86 927,539.96 - (33,830.23) - - 53,735,836.59 Capital Project Fund Total 50,188,480.50 660,239.86 - (287,169.91) - - 50,561,550.45 Total City 99,004,559.85 (4,216,502.32) 3,367,662.40 (7,062,525.54) - - 91,093,194.39 *Fund balances are unaudited, and may not include all necessary adjustments. These figures will be updated in future reports once the FY 2022/23 independent audit is completed.

Fund Description

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Attachment: 2023.08 Fund Balance report (Monthly Treasurer's Report (August 2023)) City
Council
Report
TITLE: Second Reading of Ordinance 2297 to Approve 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); and Second Reading of Ordinance 2298 Amending Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right - Of-Way (Ordinances/Roll Call Vote)

RECOMMENDED ACTION
That the City Council approve the second readings and adopt Ordinance 2297 adding Chapter 11.13 to the Campbell Municipal Code for Wireless Communication Facilities in the Public Right -of-Way (Other Than Small Cell Wireless Fa cilities); and adopt Ordinance 2298 amending Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right-of-Way.

BACKGROUND
On September 19, 2023 the City Council held a public hearing to introduce for first reading Ordinance 2297. Ordinance 2297 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 conf irm 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.

Additionally 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 st ation 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).

Item: 9
Category: CONSENT CALENDAR
Meeting Date: October 3, 2023
9 Packet Pg. 34
Second Reading of Ordinance 2297 and 2298 Page 2 of 2
Also introduced for first reading on September 19 was Ordinance 2298. This Ordinance amends Chapter 11.14 “Small Cell Wireless Facilities in the Public Right-of-Way.” The main proposed amendments are to (1) c hange all references to a “Small Cell Permit” to instead reference the newly proposed city-wide “Wireless Facility Permit”; (2) add cross- references to the newly proposed Chapter 11.13 of the Campbell Municipal Code; and (3) update a few definitions and sections to match Chapter 11.13 of the Campbell Municipal Code.

DISCUSSION
This item was approved by a unanimous vote and the City Council took first readings of Ordinances 2297 and 2298. Summaries of Ordinance 2297 and Ordinance 2298 were published in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara on September 27, 2023 and will be published again on October 11, 2023, following approval of second reading. Ordinances 2297 and 2298 will become effective 30 days following the second reading approval.

FISCAL IMPACT
Nominal publication costs are associated with approving the Ordinances second readings to meet the requirement of Gov. Code 36933, but can be absorbed within the current FY 2024 Operating Budget. Costs for codification of the Ordinance in the Campbell Municipal Code are also included in the current budget by way of purchase order. Other fiscal impacts are included in the staff report introducing the Ordinance on September 19, 2023.

Prepared by:

Andrea Sanders, City Clerk
Attachment:
a. Ordinance 2297
b. Ordinance 2298
9 Packet Pg. 35

ORDINANCE 2297

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.

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:

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Attachment: Ordinance 2297 (Second Reading of Ordinance 2297 and 2298) A. Prohibit or effectively prohibit personal wireless services; or 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.

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Attachment: Ordinance 2297 (Second Reading of Ordinance 2297 and 2298) 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.

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

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Attachment: Ordinance 2297 (Second Reading of Ordinance 2297 and 2298) 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).

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.

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Attachment: Ordinance 2297 (Second Reading of Ordinance 2297 and 2298) 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 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:

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Attachment: Ordinance 2297 (Second Reading of Ordinance 2297 and 2298)

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;

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

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Attachment: Ordinance 2297 (Second Reading of Ordinance 2297 and 2298) 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.

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;

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Attachment: Ordinance 2297 (Second Reading of Ordinance 2297 and 2298) (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.

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.

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Attachment: Ordinance 2297 (Second Reading of Ordinance 2297 and 2298) 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;

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.

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Attachment: Ordinance 2297 (Second Reading of Ordinance 2297 and 2298)

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.

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: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ____________________
Anne Bybee, Mayor
ATTEST:______________________________
Andrea Sanders, City Clerk

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Attachment: Ordinance 2297 (Second Reading of Ordinance 2297 and 2298) ORDINANCE 2298

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

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Attachment: Ordinance 2298 (Second Reading of Ordinance 2297 and 2298) (b)Unreasonably discriminate among wireless communications providers of functionally equivalent services; or
(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

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Attachment: Ordinance 2298 (Second Reading of Ordinance 2297 and 2298) 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. "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.

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Attachment: Ordinance 2298 (Second Reading of Ordinance 2297 and 2298) "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 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

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Attachment: Ordinance 2298 (Second Reading of Ordinance 2297 and 2298) 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.
(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

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Attachment: Ordinance 2298 (Second Reading of Ordinance 2297 and 2298) 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 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

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Attachment: Ordinance 2298 (Second Reading of Ordinance 2297 and 2298) 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. (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;

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Attachment: Ordinance 2298 (Second Reading of Ordinance 2297 and 2298) (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. (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

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Attachment: Ordinance 2298 (Second Reading of Ordinance 2297 and 2298) 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. (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;

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Attachment: Ordinance 2298 (Second Reading of Ordinance 2297 and 2298) (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 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.

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Attachment: Ordinance 2298 (Second Reading of Ordinance 2297 and 2298) 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.

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

AYES:

NOES:

ABSENT:

APPROVED: ____________________

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Attachment: Ordinance 2298 (Second Reading of Ordinance 2297 and 2298) Anne Bybee, Mayor
ATTEST:______________________________
Andrea Sanders, City Clerk

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Attachment: Ordinance 2298 (Second Reading of Ordinance 2297 and 2298) City
Council
Report
TITLE: Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing Subsequent Repairs Per the Execute d Contract Services Agreement with Burr Plumbing and in Accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution: 1) accepting updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizing subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC ) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in the event of an emergency, and require th e governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.

BACKGROUND
On July 31, 2023, the City Co uncil adopted Resolution No. 13024 which authorized the issuance of payment to Burr Plumbing (Burr) for all services rendered to -date on the emergency gas line repairs at the Campbell Community Center. The circumstances prompting staff’s initial service r equest, and the work performed thereafter, also permitted the dispensation of formal bidding procedures as specified in Campbell Municipal Code Sections 3.20.050, and 3.20.030(3), and California State Public Contracts Code (PCC) Section 20168 which allows for the dispensation of the formal bid process by a 4/5 vote when public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in the event of an emergency situation. Furthermore, the City Council was informed of outstanding repairs that were still required before PG&E could authorize the restoration of gas services to the remainder of the property, and the opportunity it presented to address critical system deficiencies by implementing other upgrade s at the same time. To facilitate these efforts, staff would develop a scope of work and identify a funding strategy to minimize fiscal impacts – with results presented to City Council during a later meeting Item: 10
Category: CONSENT CALENDAR
Meeting Date: October 3, 2023
10 Packet Pg. 58
Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center

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date where staff would request approval to proceed with the additional repairs, and their associated costs, at that time.

In August 2023, staff finalized the scope of work for the remaining emergency gas line repairs and conducted an informal bid process to solicit proposals from qualified vendors. A fter evaluating the proposals received, staff selected Burr based on their results as the lowest, responsive bidder ($290,180) and qualifications to complete the remaining repairs in a timely and efficient manner. The results of these efforts were presented during the September 19, 2023, regular meeting, where the City Council subsequently approved an agreement with Burr to complete the remaining emergency gas line repairs at the Campbell Community Center.

At this same meeting, the City Council also dec lared that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in order to repair the multiple gas leaks at the Community Center. Since the anticipated repairs are a continuation of the emergency work that was previously exempt from the City’s formal bidding procedures, the implementation of these repairs is also subject to the terms set forth in PCC Section 22050 which states that ‘… the governing body shall review the emergency action a t its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four -fifths vote, that there is a need to continue the action.’

DISCUSSION
In acco rdance with the state’s requirements, staff will provide an update to the City Council at each regularly scheduled City Council meeting until the repairs are complete.

Each update will contain information on the work performed to date and request Council’s authorization to continue with subsequent repairs as they apply to the progress of work completed at that time.

As such, the following lists all applicable work and/or activities that have occurred since the last City Council meeting on September 19, 2023:

Date Work / Activity Performed To Date
September 19, 2023
The City Council approved a contract services agreement with Burr Plumbing for remaining emergency gas line
repairs at Campbell Community Center and authorization
for the City Manager to subsequently execute said
agreement.

NEXT STEPS
Based on these updates, the following is a tentative schedule for upcoming (anticipated) work as related to the emergency gas line repairs:
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Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center

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Anticipated Work / Activity Est. Date
Finalize details and execute contract services agreement with Burr Plumbing
September 19 –
October 3, 2023
Burr to begin repairs at Community Center October 3, 2023, ± Upon contract execution, Burr will begin work on site to implement repairs and other upgrades on the Community Center’s gas line system. At this time, staff is requesting Council’s authorization to continue with these efforts as part of Council’s previous approval of the service contract, and its subsequent execution, on September 19, 2023.

Staff will return at the next regularly scheduled City Council meeting on October 17, 2023, to provide the Council with additional updates and request authorization to continue with subsequent repairs at that time.

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

ALTERNATIVES

1. Do not accept the updates and/or authorization for subsequent repairs.

2. Provide alternative direction to staff.

Prepared by:

Carina Shattuck, Administrative Analyst I
Reviewed by:

Todd Capurso, Director of Public Works
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Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center

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Approved by:

Brian Loventhal, City Manager
Attachment:
a. 17-DD Project Acceptance Resolution
b. 17-DD Notice of Completion
c. Bid Award Staff Report_2021- 11-16
d. CC Resolution 12780
e. Budget Adjustment Form

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

ACCEPTING UPDATES ON THE PROGRESS OF REMAINING EMERGENCY GAS LINE

REPAIRS AT THE CAMPBELL COMMUNITY CENTER AND AUTHORIZING SUBSEQUENT

REPAIRS PER THE EXECUTED CONTRACT SERVICE AGREEMENT WITH BURR PLUMBING

AND IN ACCORDANCE WITH CALIFORNIA STATE PUBLIC CONTRACTS CODE (PCC) SECTIONS 20168 AND 22050 WHICH ALLOW FOR THE DISPENSATION OF FORMAL

BIDDING PROCEDURES WHEN PUBLIC INTEREST AND NECESSITY DEMAND THE

IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH, OR

PROPERTY IN THE EVENT OF AN EMERGENCY SITUATION, AND REQUIRE THE

GOVERNING BODY TO REVIEW THE ASSOCIATED EMERGENCY ACTION AT EVERY

REGULARLY SCHEDULED MEETING THEREAFTER UNTIL THE ACTION IS TERMINATED, TO DETERMINE, BY A 4/5 VOTE, THAT THERE IS A NEED TO CONTINUE THE ACTION WHEREAS, on July 31, 2023, the City Council adopted Resolution No. 13024 which authorized the issuance of payment to Burr Plumbing (Burr) for all services rendered to-date on the emergency gas line repairs at the Campbell Community Center; and
WHEREAS, the circumstances prompting staff’s initial service request, and the emergency work performed thereafter, also permitted the dispensation of formal bidding procedures as specified in Campbell Municipal Code Sections 3.20.050, and 3.20.030(3) which states that an emergency situation creating a threat to the public health, safety or we lfare may necessitate the suspension of such bidding procedures; and
WHEREAS, after staff finalized the scope of work for additional repairs and solicited proposals from qualified contractors through an informal bid process , the results of these efforts were presented during the September 19, 2023, regular meeting, where the City Council subsequently approved an agreement with Burr, in an amount not to exceed $290,180, to complete the remaining emergency gas line repairs at the Campbell Community Center; and
WHEREAS, although California State Public Contracts Code (PCC) defines contracts in excess of $200,000 as requiring a formal bid process, the dispensation of such process may be permitted by a 4/5 vote, pursuant to PCC Section 20168 declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property , in the event of an emergency situation; and
WHEREAS, since the anticipated work is exempt from the City’s formal bidding process, the implementation of these repairs is also subject to the terms set forth in PCC Section 22050 which states that the governing body shall review the emergency action at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action; and
WHEREAS, in accordance with the state’s requirements, the following lists all applicable work and/or activities that have occurred since the last City Council meeting on September 19, 2023:
• September 19, 2023 – The City Council approved a contract services agreement with Burr Plumbing for remaining emergency gas line repairs at Campbell Community Center and authorization for the City Manager to subsequently execute said agreement; and

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Attachment: Resolution (Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center)

WHEREAS, based on these updates, the following is a tentative schedule for upcoming (anticipated) work as related to the emergency gas line repairs:

• September 19 to October 3, 2023 – Finalize details and execute contract services agreement with Burr Plumbing.
• October 3, 2023, (±) – Burr to begin on-site repairs at the Community Center; and

WHEREAS, staff is requesting Council’s authorization to continue with these efforts as part of Council’s previous approval of the service contract, and its subsequent execution, on September 19, 2023.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) accepts the updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizes subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in the event of an emergency situation, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action

BE IT FURTHER RESOLVED, upon Council’s authorization, staff will return at the next regularly scheduled City Council meeting on October 17, 2023, to provide the Council with an update on the work performed to date and request Council’s authorization to continue with subsequent repairs as they apply to the progress of work completed at that time.

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 (Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center) City
Council
Report
TITLE: Accept Improvements for the Campbell Park Improvements Project No. 17-DD and File Notice of Completion

RECOMMENDED ACTION
That the City Council adopt a re solution accepting the improvements for the Campbell Park Improvements Project No. 17 -DD; directing the City Engineer to file the Notice of Completion; and authorizing the Finance Director to perform a budget adjustment.

BACKGROUND
On May 18, 2021, the C ity Council authorized staff to apply for the California Department of Parks and Recreation, Park and Water Bond Act of 2018 (Proposition 68) Per Capital Grant Program. Subsequently, Campbell Park was awarded a grant of $203,620. This would supplement the local funding source for the project, primarily from the Parkland Dedication Fund.

On July 20, 2021, the City Council adopted Resolution No. 12741 approving the plans and specifications and authorizing the advertisement of bids for the Campbell Park Improvements Project No. 17 -DD. The improvements would expand the playground footprint, play structures, and the restroom building while also utilizing the sloped embankment on one side of the playground by incorporating climbing features.

Extensive feedback f rom the public, Parks and Recreation Commission, and City Council helped guide the concepts for the final design which the City hired Callander and Associates to provide. The Engineer’s Cost Estimate for the construction including a 10% construction contingency was $1,827,100.

On August 25, 2021, the City received and opened three bids with Goodland Landscape Construction, Inc., submitting the lowest bid. However, even as the lowest bid, the bid amount exceeded the City’s approved project budget by over $600,000. Despite the effort by the design consultant to benchmark the engineer’s estimate against recent bids from similar projects in other agencies, the bids received were unexpectedly higher.

The sharp cost increase reflected the volatile market envi ronment experienced by many sectors at the time of bidding.

On November 16, 2021, staff presented to the City Council various options to consider in moving the project forward. The options were: 1) rebid with minor scope modification; Item: 11
Category: CONSENT CALENDAR
Meeting Date: October 3, 2023
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Acceptance of Campbell Park Improvements Page 2 of 4
2) award contract as-is to lowest bidder; 3) reject all bids and rebid project without scope modification; and 4) reduce scope to match project budget.

The Council ultimately adopted Resolution No. 12780 awarding the contract as -is to the lowest bidder and increased the project budget by $672,100 using funds from the Parkland Dedication Fund. The construction contract was awarded to Goodland Landscape Construction, Inc.

DISCUSSION
In November of 2022, the playground construction was substantially completed in accordance with the approved plans and specifications. On November 17, 2022, a dedication event was held to celebrate the completion and opening of the newly renovated Campbell Park playground and new restroom building. Attendees included the City Council, members of the Campbell Parks and Recreation Commission and staff from the Santa Clara County Parks and Recreation Department.

After the opening, staff found some items requiring further addressing by the contractor.

Staff diligently continued to work with the co ntractor to resolve issues with the irrigation system, access gates, and the anti -graffiti coating for the restroom building before proceeding with acceptance of the improvements. All issues have now been resolved.

With no outstanding issues, staff is re commending that the City Council accept the improvements as completed and installed by Goodland Landscape Construction, Inc.

The attached resolution has been prepared to accept the improvements and to direct the City Engineer to file the Notice of Comple tion with the Santa Clara County Recorder’s Office.

FISCAL IMPACT
During construction, California Fence Supply, a subcontractor to Goodland Landscape was found to be in violation of the Labor Code due to nonpayment of correct wages to workers for work p erformed and were notified to pay the wage restitutions within 60 days of the notice. Yet, California Fence Supply failed to comply with the wage restitutions; therefore, the City distributed the wage restitutions in the amount of $34,507 to the appropriat e workers as required by Labor Code. This resulted in penalties of $10,600 due to the City; whereby, the sum of the wage restitution and penalties will be deducted from the final retention the City would release to Goodland Landscape.

The Project was completed within the adjusted project budget as outlined below:

SOURCE OF FUNDS
Budget Actual
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Acceptance of Campbell Park Improvements Page 3 of 4
Parkland Dedication Fund $2,727,100 $2,727,100
Carryover from Parks System Improvement Project 15GG $ 10,560 $ 10,560 Lighting and Landscape Act Fund $ 12,000 $ 12,000
CA State – Prop 68 Per Capita State Grant $ 203,620 $ 203,620 Labor Compliance Penalties to City - $ 10,600
TOTAL $2,953,280 $2,963,880

USE OF FUNDS
Budget Actual
Design $ 268,000 $ 270,550
Construction Engineering $ 186,080 $ 184,372
Construction Contract $2,499,200 $2,464,878
TOTAL $2,953,280 $2,919,800
Total Project Savings: $ 44,080
The Source of Funds includes the unforeseen labor compliance penalties due to the City. T he Use of Funds is lower than the budget amount due to unused construction contingency. Staff recommends returning the remaining project balance to Parkland Dedication Fund. The attached budget adjustment form allows the Finance Director to proceed with the transfer.

ALTERNATIVES
Do not accept improvements and budget adjustments and direct staff accordingly.

Prepared by:

Amy Olay, City Engineer
Reviewed by:
11 Packet Pg. 66
Todd Capurso, Director of Public Works
Acceptance of Campbell Park Improvements Page 4 of 4
Approved by:

Brian Loventhal, City Manager
Attachment:
a. 17-DD Project Acceptance Resolution
b. 17-DD Notice of Completion
c. Bid Award Staff Report_2021-11-16
d. CC Resolution 12780
e. Budget Adjustment Form
11 Packet Pg. 67
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ACCEPTING THE CAMPBELL PARK IMPROVEMENTS PROJECT NO. 17-DD; DIRECTING THE CITY ENGINEER TO FILE THE NOTICE OF COMPLETION; AND

AUTHORIZING THE FINANCE DIRECTOR TO PERFORM A BUDGET ADJUSTMENT WHEREAS, on November 16, 202 1, City Council adopt ed Resolution No. 12780 awarding the construction contract to the Goodland Landscape Con struction, Inc., the lowest bid der and increased the project budget by $672,100 using funds from the Parkland Dedication Fund; and
WHEREAS, the construction was substanti ally comp leted in ac cordance with the approved plans and specifications , and a dedication event was held on November 17, 2022, to celebrate the com pletion and opening of the newly renovated Camp bell Park playground and new restroom building; and
WHEREAS, after the opening, some items required further addre ssing by the contractor, but all outstanding construction issues have now been resolved; and WHEREAS, California Fence Suppl y, a su bcontractor to Goodland Lan dscape was found to be in violation of the Labor Code due t o nonpayment of correct wages to workers for work performed and failed to comply with wage restitutions; and WHEREAS, City distributed the wage restitution s in the amount of $34, 507 to the appropriate workers as required by Labor Code; and
WHEREAS, violation of Labor Code by California Fence Supply resulted in penalties of $10,600 due to the City; and
WHEREAS, the sum of the wage restitut ion and pena lties will be deducted from the final retention the City would release to Goodland Landscape; and WHEREAS, the Source of Fu nds includes the unforeseen labor compliance penal ties due to the City; and
WHEREAS, the Use of Funds is lower than the bu dget amount due to unused construction contingency; and
WHEREAS, the remaining project balance of $44,080 is recommended to return to Parkland Dedication Fund.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campb ell hereby accepts the improvements for the Campbell Park Improvements Project No. 17 - DD; directs the City Engineer to file the No tice of Completion; and authori zes the Finance Director to perform a budget adjustment.

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Attachment: 17-DD Project Acceptance Resolution (Acceptance of Campbell Park Improvements) PASSED AND ADOPTED this day of 2023, by the following ro ll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

Anne Bybee, Mayor
ATTEST:

Andrea Sanders, City Clerk

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Attachment: 17-DD Project Acceptance Resolution (Acceptance of Campbell Park Improvements) Revised 1/23/17
Recording Requested by
and when recorded, mail to:

City of Campbell
City Clerk’s Office
70 North First Street, City Hall – Upper Level
Campbell, CA 95008
(408) 866-2150

CITY OF CAMPBELL

NOTICE OF COMPLETION AND ACCEPTANCE

OF PUBLIC WORKS CONTRACT
(C.C.C. 3093)
This document is for the benefit of the City of Campbell. Request for the Recordation without fee is made in accordance with Section 6103 of the Government Code of the State of California.

Contractor’s Name: Goodland Landscape Construction, Inc. Contract Date:12/21/2021 Surety: Everest Reinsurance Company Final Contract
Amount: $2,464,877.81
Job Title: Campbell Park Improvements – Project No. 17-DD Location: at Campbell Park (at the corner of E. Campbell Avenue and Gilman Avenue) within the City of Campbell.

Scope of Work: Renovated playground area by increasing play area footprint; installed ADA compliant walkway; installed new playground equipment and site furnishings; replaced existing restroom building with new pre-fabricated restroom building with increased user capacity; and installed irrigation and planting around the playground area.

Owner: City of Campbell, City Hall, 70 North Street, Upper Level, Campbell, CA 95008 This work was accepted by me on 10/3/2023, on behalf of the City of Campbell. I certify under penalty of perjury that the foregoing is true and correct. (C.C.P. 2015.5)
Executed on __________________,
at Campbell, California
Amy Olay, City Engineer
Department of Public Works
City of Campbell

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Attachment: 17-DD Notice of Completion (Acceptance of Campbell Park Improvements) City
Council
Report
TITLE: Campbell Park Improvement Project 17 -DD Report of Bid Results with Staff Recommendation to Reject All Bids, Authorization to Advertise and Award a Proje ct with Minor Scope Modifications, and Other Associated Actions

RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution for the Campbell Park Improvement Project 17-DD to reject all bids; approve the plans and specifications with minor scope modifications; and authorize the Director of Public Works to advertise for bids and award the project, the City Manager to execute a construction contract to the lowest responsive and responsible bidder in an amount not to exceed $2,179,000 plus encumber a 10% construction contingency, the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency, the Public Works Director to reject bids and rebid the project should bids received have unamenable irregularities, and the Finance Director to perform a budget adjustment.

BACKGROUND
The Campbell Park Improvement Project 17 -DD (Project) is intended to reconstruct the existing playground to increase play value by providing new play equipment, replace the current restroom to improve user capacity, and renovate the playground to current Americans with Disabilities Act (ADA) standards. In 2019, the City entered into a Consultant Services Agreement with Callander Associates to perform design service s for the Project.

On May 18, 2021, the City Council adopted Resolution 12709 authorizing the application of grant funding through the California Department of Parks and Recreation (State), Park and Water Bond Act of 2018 (Proposition 68) Per Capita Gran t Program.

On October 26, 2021, the grant application was approved for $203,620. The City is required to execute the grant agreement and complete the Project by June 2022 and December 2023, respectively.

On July 20, 2021, the City Council adopted Reso lution 12741 approving the Project plans and specifications and authorizing the Public Works Director to advertise for bids and award the project.

DISCUSSION
Item: 6
Category: UNFINISHED BUSINESS
Meeting Date: November 16, 2021
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On July 28, 2021, the Project was advertised for bidding in accordance with the Formal Contract Procedure, Section 3.20.50 of the City of Campbell Municipal Code. The advertisement period ended on August 25, 2021, at which date the bid proposals were publicly opened by the City Clerk.

A total of three (3) construction bid proposals were received fo r the Project. The base bid amounts are $2,272,000, $2,295,000, and $2,516,730 submitted by Goodland Landscape Construction, Inc. of Tracy, California, Robert A. Bothman Construction of Santa Clara, California, and Suarez & Munoz Construction, Inc. of Hay ward, California, respectively. All three proposals exceeded the final engineer’s estimate of $1,661,000.

The lowest responsible and responsive bid from Goodland Landscape Construction is $611,000 or 37% above the final engineer’s cost estimate.

The following table tabulates the bid amounts compared to the final engineer’s estimate:

Final
Engineer’s
Estimate
Goodland
Landscape
Construction
Robert A.

Bothman
Construction
Suarez &
Munoz
Construction
Base Bid $1,661,000 $2,272,000 $2,295,000 $2,516,730
Bid Proposal vs.

Final Engineer’s
Estimate
37% 38% 52%
Bid Proposal vs.

Lowest Bid
1% 11%
To identify the reasons for the higher -than-expected bid results, staff and Callander Associates performed a review of the final engineer’s cost estimate a nd found no omission of work items. However, staff along with Callander Associates, looked further to try to determine the causes and how to potentially prevent this from reoccurring under these uncertain economic times.

Callander Associates, as a matte r of standard operating procedure, compiles bid result details from all their publicly bid projects. When preparing cost estimates, compiled bid data from the most recent projects of similar scope are used to generate unit pricing.

Additionally, vendor q uotes are obtained for vendor -furnished items and marked up to account for sales tax, freight, estimated installation costs and contractor overhead.

Post-bid conversations with the bidders and other industry experts noted sharp increases in cost over thi s past summer and into early fall, soon after the bids for the Project was advertised. These cost increases were beyond the typical rate of annual inflation and were being experienced in every category of work. In particular, the cost increases were most noticeable for materials such as plastic (including PVC), steel wires and lumber. The bid prices are reflective of the cost increase of raw materials combined with supply chain uncertainties. Additionally, contractor backlog of work is 6 Packet Pg. 33

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strong, especiall y from the private sector keeping the contractor work force busy and bids high.

While identifying a specific manufacturer for certain elements provides benefits for on - going maintenance and may limit liability concerns, it may also contribute to increase d pricing. For example, the bid price of the prefabricated restroom building illustrated the point as will be discussed below under Alternative 1. Unfortunately, the extent of impact due to these changing conditions on the Project were not fully known at the time the final engineer’s estimate was prepared in early July.

To move forward with the Project construction, there are four possible alternatives being presented below:

Alternative 1: Rebid with Minor Scope Modification – Recommended Approach Staff recommends rejecting all bids and incorporating some minor scope modifications to reduce the funding gap while keeping to the intent of the original project design to: 1) address/increase restroom capacity; 2) increase play value of the playground; and 3) renovate the playground to current ADA standards. This alternative approach selects those bid items that if modified or reduced will not impact these objectives.

Using the average bid prices from all three bid proposals, an estimated savings of $93,000 may be achieved by:
• Reducing length of seat-wall by 60 feet and replace with two (2) benches • Eliminating landscape boulders
• Deleting integral color for concrete
• Removing glass fiber -reinforced concrete (GFRC) beaver & beaver lodge and replacing with a more cost-effective play element
• Modifying restroom specifications
The price of the prefabricated restroom building included in the engineer’s estimate is $396,000 while the bids received averaged about $487,000 with the lowest and highest bids listed a t $438,700 and $525,000 respectively. Based on Callander’s experience designing restroom facilities, there are two viable prefabricated restroom building manufacturers who can meet the design requirements of the Project. During design, one was selected b ecause of the lower quote received. The bids received did not reflect the quote received previously, instead, the price for the restroom building was significantly higher. In the post bid research with the bidders, it was learned that the pricing took a turn in which the manufacturer not listed was providing lower quotes to the contractor. The specifications allow for “or equal” whereby the contractor could have submitted for a substitute. However, this was not exercised by any of the contractors.

To better understand the overall cost impact of the minor scope modifications, the estimate was updated in its entirety. The unit costs throughout were updated to reflect the average bid costs obtained from the August bid opening. The one exception is that 6 Packet Pg. 34

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the restroom and play equipment costs were updated based on new quotes from vendors which incorporate the scope modifications described above. With the estimated savings from this alternative, the net increase is $569,800 (including 10% construction contingency) above the Council authorized budget amount of $1,827,100 (Engineer’s Estimate of $1,661,000 plus 10% contingency).

The plans and specifications have been revised by incorporating the modified scope.

Pros: The proposed scope modifications have th e potential of generating some cost savings without impacting the overall intent of the Project. By rebidding, the anticipated schedule is contract award in late February 2022 with construction start in early April 2022 (weather dependent). Bidding durin g the winter months may also result in more favorable bids as construction activities wind down and contractors have less backlog.

Cons: A budget adjustment of $569,800 from the Parkland Dedication Fee is required to award the Project. It is important t o note that this option involves some risk. The modified engineer’s estimate is based on averaging the bid results from August, i.e., best numbers available as of now. It is unknown if the bidding environment will result in higher or lower numbers. This means the Project could result in either a surplus or a budget shortfall. (Should the bids come in lower than anticipated, funding would be returned to the Parks Fund.)

Alternative 2 - Award Contract As-Is to Lowest Bidder – Not Recommended Award the cons truction contract to the lowest and responsive bidder from the August 2021 bid opening, Goodland Landscape Construction. Per the Notice of Inviting Bids, contractor bid proposals remain valid and must be honored by the contractor for a period of 90-calendar days after the bid opening. As such, the base bid of $2,272,000 by Goodland Landscape Construction is valid until November 25, 2021. Adding a 10% construction contingency, the total construction contract amount is $2,499,200. The shortfall is $672,100 (including a 10% construction contingency).

Pros: This is the most expeditious alternative as the construction contract can be awarded immediately with construction to begin in January 2022. The rain will have an impact on construction start and duration. There are no risks of unknown bid pricing.

Cons: A budget adjustment of $672,100 from the Parkland Dedication Fee is required to award the Project.

Alternative 3 – Reject All Bids and Rebid Project Without Scope Modification – Not Recommended
Reject all bids and rebid the project without modification to the Project scope. The three bids are all within 10% of each other with the lowest two bids being within 1% of each other. The closeness of the resulting bids validates the magnitude of cost requir ed to complete the Project.

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Attachment: Bid Award Staff Report_2021-11-16 (Acceptance of Campbell Park Improvements) Project 17-DD Report of Bid Results, Reject All Bids, Advertise & Award with Minor Modifications Page 5 of 8
Pros: This alternative has similar impact to the schedule for contract award and construction start as Alternative 1. Rebidding the project will lead to contract award in late February 2022 with construction start in early Apr il 2022. Bidding during the winter months may result in more favorable bids as construction activities wind down and contractor’s backlog is lower.

Cons: It is uncertain whether rebidding the Project using the original scope will result in lower bid prices, given the current bidding environment. Like Alternative 1, the potential risk is the resulting low bid could exceed that of the August bid opening. This means, the Project budget could result in a higher shortfall. Under that scenario, the Project would be seeking City Council approval of additional funding, causing further delay to the schedule.

Alternative 4 – Reduce Scope to Current Budget – Not Recommended This alternative would suggest revising the design for a Project under a construction budget of $1,827,100 ($1,661,000 plus a 10% construction contingency).

In evaluating this alternative, staff also considered phasing the improvements to spread out the cost impact over time. This approach is particularly challenging as it would result in a disjointed project and may need to include additional costs for some temporary improvements. For example, the playground improvements cannot take place until the restroom is relocated first which then triggers ADA compliant accessibility improvements. There are no feasible possibilities to defer or prioritize one improvement over another for the Project and keep to the original scope and intent. The existing play equipment is beyond its useful life and no longer compliant with current standards. The current restroom does not meet the capacity needs. ADA accessibility needs must be met.

Pros: Stays within Project budget.

Cons: To develop a project that is within the approved construction budget will require significant time and resources to re -design and re-package the Project. Additional time will be added to seek the City Council’s consideration to approve the revised plans and specifications. Significant alteration of the Project design by removing some critical play features. Other than the low impact items proposed to be modified by Alternative 1, the remaining items are critical to meeting the overall look, feel and objective of the Project.

Under this alternative, no longer will the Project be increasing play value with new play equipment, u pgrading the restroom capacity, or renovating the playground to current ADA standards. The bid opening and contract award will likely take place in late 2022 with a risk of not meeting the CA State - Prop 68 Per Capita State Grant project timeline requirements.

The following table summarizes the various alternatives:
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Attachment: Bid Award Staff Report_2021-11-16 (Acceptance of Campbell Park Improvements) Project 17-DD Report of Bid Results, Reject All Bids, Advertise & Award with Minor Modifications Page 6 of 8
Alternative 1
Rebid with
Minor
Modifications
(recommended)
Alternative 2
Award As-Is
To Lowest
Bidder
Alternative 3
Reject All Bids
and Rebid
No Scope
Modifications
Alternative 4
Reduce Scope
to Current
Budget
Impact to Project
Goals
None None None Major
Updates to Plans and
Specs
Minor None None Major
Additional Project
Budget Needs
$569,800 $672,100 unknown $0
Target Construction
Start
April 2022 January 2022 April 2022 February 2023
Schedule
The following is the anticipated schedule, should the City Council approve the Recommended Approach (Alternative 1):

City Council Approval of Scope Amendment November 2021 Advertise for Bids December 2021
Award Contract February 2022
Construction April - October 2022

FISCAL IMPACT
The current budget for the construction contract is $1,661,000 plus a 10% construction contingency for a total amount of $1,827,100. The estimated construction contract for the Recommen ded Approach (Alternative 1) is $2,179,000 plus a 10% construction contingency for a total amount of $2,396,900. The net increase in budget request is in the amount of $569,800 . This is detailed in the Request for Budget Adjustments shown as Attachment B.

The FY 2022 Adopted CIP Budget indicates a Parkland Dedication Fee Fund balance of over $2 million. Additionally, and not yet reflected in the adopted budget is the recent receipt of $420,000 of Parkland Dedication Fees from the Cresleigh Homes development at 600 E. Campbell Avenue.

The proposed source and use of funds for this project is as follows:

Source of Funds
CIP (Park Dedication Fees) $2,055,000
Carryover from Project 15GG $ 10,560
CA State - Prop 68 Per Capita State Grant $ 203,620
Fund 207 $ 12,000
Proposed additional Parkland Dedication Fees $ 569,800 TOTAL $2,850,980
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Attachment: Bid Award Staff Report_2021-11-16 (Acceptance of Campbell Park Improvements) Project 17-DD Report of Bid Results, Reject All Bids, Advertise & Award with Minor Modifications Page 7 of 8
Use of Funds
Design (Staff & Consultant Design Services) $ 268,000 Construction Engineering $ 186,080
Construction Contract and Contingency $2,396,900
TOTAL $2,850,980
A total of four alternatives are presented here for City Council to consider. The City Council may decide on a different alternative other than the staff recommended approach. However, the attache d resolution shown as Attachment A has been prepared based on the Recommended Approach (Alternative 1) to reject all bids; approve the plans and specifications with minor scope modifications; and authorize the following: the Director of Public Works to ad vertise for bids and award the Project, the City Manager to execute a construction contract to the lowest responsive and responsible bidder in an amount not to exceed $2,179,000 plus encumber a 10% construction contingency, the City Engineer to negotiate a nd execute contract change orders up to and within the allocated construction contingency, the Public Works Director to reject bids and rebid the project should bids received have unamenable irregularities, and the Finance Director to perform a budget adjustment.

ALTERNATIVES

1. Award the contract to the current lowest responsible and responsive bidder.

2. Reject all bids and re-advertise the project without any scope change.

3. Reduce the scope to fit the current budget.

Prepared by:

Amy Olay, City Engineer
Reviewed by:

Todd Capurso, Director of Public Works
Approved by:
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Brian Loventhal, City Manager

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Attachment: Bid Award Staff Report_2021-11-16 (Acceptance of Campbell Park Improvements) Project 17-DD Report of Bid Results, Reject All Bids, Advertise & Award with Minor Modifications Page 8 of 8
Attachment:
a. Resolution
b. Request for Budget Adjustments
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Attachment: Bid Award Staff Report_2021-11-16 (Acceptance of Campbell Park Improvements) RESOLUTION NO.___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL REPORT OF

BID RESULTS TO REJECT ALL BIDS, AUTHORIZE TO ADVERTISE AND AWARD

A PROJECT WITH MINOR SCOPE MODIFICATIONS, AND OTHER ASSOCIATED ACTIONS FOR THE CAMPBELL PARK IMPROVEMENT PROJECT 17-DD WHEREAS, on July 20, 2021, the City Council adopted Resolution 12741 approving the plans and specifications; authorizing the Public Works Director to advertise for bids and award the Campbell Park Improvement Project 17-DD (Project); and WHEREAS, the Project is intended to reconstruct the existing playground to increase play value with new play equipment, replace the current restroom to improve user capacity, and renovate the playground to current Americans with Disabilities Act (ADA) standards; and
WHEREAS, On August 25, 2021, a total of three (3) bid proposals were received with lowest responsible and responsive bid proposals in the amount of $611,000 or 37% above the final engineer’s cost estimate of $1,661,000; and
WHEREAS, post-bid conversations with the bidders and other industry experts noted sharp increases in cost soon after the bids for the Project was advertised; and WHEREAS, four alternatives for proceeding with construction were evaluated and these alternatives have varying impact to the project schedule, budget, and project goals; and WHEREAS, the alternatives are: 1) Rebid with Minor Scope Modifications 2) Award Contract As-Is to Lowest Bid; 3) Reject All Bids and Rebid Project; 4) Reduce Scope to Fit Current Budget; and
WHEREAS, staff recommends alternative 1, which by including the modifications does not impact the intent of the Project; and
WHEREAS, a budget adjustment of $569,800 from the Parkland Dedication Fee is required to award the Project under alternative 1; and
WHEREAS, the F iscal Year 2022 adopted C apital Improvement Plan (CIP) Budget indicates a Parkland Dedication Fee fund balance of over $2 million; and WHEREAS, the City received $420,000 of Parkland Dedication Fees from the Cresleigh Homes Development on 600 E. Campbell Avenue; and
WHEREAS, City Council may elect to approve a different alternative other than the one recommended by staff.

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Attachment: Resolution (Project 17-DD Report of Bid Results, Reject All Bids, Advertise & Award with Minor Modifications)

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Attachment: Bid Award Staff Report_2021-11-16 (Acceptance of Campbell Park Improvements) NOW, THEREFORE, BE IT RESOLVED that the City Council adopt a R esolution for Campbell Park Improvement Project 17 -DD to reject all bids; approve the plans and specifications with minor scope modifications; and authorize the Director of Public Works to advertise for bids and award the project, the City Manager to execute a construction contract to the lowest responsive and responsible bidder in an amount not to e xceed $2,179,000 plus encumber a 10% construction contingency, the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency, the Public Works Director to reject bids and re -bid the project should bids received have unamenable irregularities, and the Finance Director to perform a budget adjustment.

PASSED AND ADOPTED this ____day of ____________ 2021 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

___
Elizabeth “Liz” Gibbons, Mayor

ATTEST:

_________
Dusty Christopherson, City Clerk

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Attachment: Resolution (Project 17-DD Report of Bid Results, Reject All Bids, Advertise & Award with Minor Modifications)

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Attachment: Bid Award Staff Report_2021-11-16 (Acceptance of Campbell Park Improvements) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.

November 16, 2021 BA-8
Budget to be Reduced
Fund Account Number Description Amount
Budget to be Increased
Fund/Program Account Number Description
435.17DD 7883 Improvements Other Than Building 570,420 $ 435.990 6999 Capital Transfers In 570,420
295.990 9999 Capital Transfers Out 569,800
212.990 9999 Capital Transfers Out 620
212.535 4543 Other State Grants 620
REASON FOR REQUEST - BE SPECIFIC:

Public Works Director Finance Director City Manager
Public Works
Todd Capurso Will Fuentes Brian Loventhal
To appropriate an additional $570,420 to project 17-DD, Campbell Park Improvement. The increase is due to unforeseen increased costs in raw materials combined with supply chain uncertainties. Of the increase, $569,800 will be funded by the Parkland Dedication Fees Fund. The City was also awarded the Prop 68 grant $620 above the adopted budget of $203,000. 17-DD Campbell Park Improvement Project

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Attachment: Request for Budget Adjustments (Project 17-DD Report of Bid Results, Reject All Bids, Advertise & Award with Minor

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Attachment: Bid Award Staff Report_2021-11-16 (Acceptance of Campbell Park Improvements)

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Attachment: CC Resolution 12780 (Acceptance of Campbell Park Improvements)

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Attachment: CC Resolution 12780 (Acceptance of Campbell Park Improvements) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.

October 3, 2023 BA-7
Budget to be Reduced
Fund/Program Account Number Description Amount

EXPENDITURES
435.17DD 7883 Improvements Other Than Building (Project Savings) 44,080.00 Budget to be Increased
Fund/Program Account Number Description Amount

REVENUES
295.990 6999 Capital Transfer In (to Parkland Fund) 44,080.00

EXPENDITURES
435.990 9999 Capital Transfer Out (from Capital Projects Fund) 44,080.00 REASON FOR REQUEST - BE SPECIFIC:

Finance Director Public Works Director City Manager
Public Works
Will Fuentes Todd Capurso Brian Loventhal
Project closeout:
1) Sources of Funds: + $10,600
a) L
abor Compliance Penalties to City $10,600 (will be shown as a decreased retention payment expense) 2) U
se of Funds: -$33,480
a) I
ncrease design by $2,550
b
) D
ecrease construction engineering by $1,708
c
) D
ecrase construction contract by $34,322
3) T
ransfer Savings back to Parkland Fund: $44,080
17-DD Campbell Park Improvement Project

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Attachment: Budget Adjustment Form (Acceptance of Campbell Park Improvements)

City
Council
Report

TITLE: 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 Tre es, for Property Located at 570 E. Hamilton Avenue. File No.: PLN -2022-44 (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council consider the request for continuance of the public hearing to a date certain of November 7, 2023.

CONTINUANCE REQUEST
Staff received a request from a new representative for the appellant, Anne Matelich , Partner & Co -Founder of Progress Public Affairs, seeking a continuance of the public hearing to November 7, 2023 (reference Attachment A ). As noted above, staff recommends accepting the request and continuing the public hearing. However, if the Council wishes to hold the public hearing and consider the appeal, staff recommends the following action:
• That the City Council adopt a resolution (reference Attachment B) 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.

ENVIRONMENTAL (CEQA) DETERMINATION
The Planning Commission found that this project is Statutorily E xempt under Section 15270(a) of the California Environment Quality Act (CEQA), pertaining to projects which a public agency rejects or disapproves.

PROJECT DATA
Zoning Designation: C-2 (General Commercial)
General Plan Designation: General Commercial
Lot Area:

Current Size: 26,284 square-feet
Item: 12
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: October 3, 2023
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Post-Dedication Size: 25,491 square-feet
Floor Area Ratio (FAR) .161 0.40 (Max. Allowed)
Building Height:

Convenience Store: 26 ½ feet
Fueling Canopy: 19 ½ feet
Carwash Tunnel: 20 ½ feet
Trash Enclosure: 9 ½ feet
Building Square Footage
Convenience Store: 2,387 square-feet
Fueling Canopy: 3,002 square-feet
Carwash Tunnel/Equipment: 1,493 square-feet
Trash Enclosure: 166 square-feet
7,048 square-feet (Total Building Area)
Parking: 11 stalls 0 stalls (per AB 2097)
Building Setbacks Proposed Required
Front (north): 10 feet 10-feet
Sides (west): 10 feet 10-feet
Sides (east): 26 feet 5-feet
Rear (south): 5 feet 10-feet2

BACKGROUND
Proposed Project: The submitted application for a Conditional Use Permit with Site and Architectural Review would allow reconstruction of the Shell service station and a Tree Removal Permit to allow removal of six trees. The new station would incorporate four (double-sided) fueling dispensers under neath a rectangular canopy, a drive -through carwash, a 2,400 square -foot convenience store, and associated parking, site, and landscaping improvements (reference Attachment C – Project Plans). The Project Description (reference Attachment D) states that th e rebuilt station would operate 24 hours a day and that the convenience market would carry alcoholic (beer and wine) beverages.

Project Site : The project site is a 26,000 square -foot parcel located at the southwest corner of the Hamilton/Salmar/Highway 17 intersection, within the C -2 (General Commercial) Zoning District and surrounded by the Staples office supply store and its parking lot to the west and south. The property is developed with a Shell service station constructed pursuant to a Conditional Use Permit (UP 83-06) approved by the Planning Commission on August 23, 1983. This approval was modified by the Planning 1 Does not include the fueling canopy since this is an unenclosed structure. 2 CMC Sec. 21.10.050, Table 2-10 allows the Planning Commission to reduce the rear setback. 12 Packet Pg. 86
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Commission at its meeting of January 12, 2016, to formalize 24 -hour operation of the station.3
Scope of Review : This application was de emed "complete" under the Permit Streamlining Act on January 17, 2023, and therefore is subject to the Zoning Code and General Plan in effect at the time pursuant to CMC Sec. 21.01.050.E. As such, the land use policies and strategies referenced in this report are from the former General Plan.

Similarly, the above identified development standards are from the former Zoning Code, prior to the comprehensive update that was adopted in conjunction with the 2040 General Plan / Housing Element in April.

If this ap plication had been submitted under the current 2040 General Plan (or withdrawn and resubmitted), new General Plan Action CD -3.f would discourage approval until the City adopted a new Gateway policy or April 2025, whichever came first.

Action CD-3.f: Discourage development of nonresidential uses at Gateway locations until the City Gateway Policy or Ordinance is adopted, or two years from the adoption of the General Plan, whichever is less.

Moreover, the new 2040 General Plan maintains the same polices pert aining to development of gateway properties that formed the basis for the Planning Commission's decision, as discussed in this report. As such, the basis for the decision remains unchanged between the former and newly adopted General Plans.

Planning Commission Action: The Planning Commission held a public hearing on this application at its meeting of June 27, 2023. As noted in the meeting minutes, the 3 The service station was a non-conforming use for lack of a Conditional Use Permit that specifically allowed late-night activity (defined as activity occurring between 11:00 PM and 6:00 AM). Pursuant to City Council Ordinance No. 2002, such non-conforming uses had to secure City approval for late-night activity within two years or cease late-night hours. Since this action did not affect the physical configuration or appearance of the service station, the Planning Commission found the CUP modification consistent with the General Plan
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applicant and his architect spoke in support of the proposal, but no other public comment was provided (ref erence Attachment E – Meeting Minutes). After deliberation, the Commission determined that the application would be inconsistent with the General Plan and preclude a more appropriate development in the future. By a unanimous 6 -0-1 vote (Commissioner Ostrow ski absent), the Commission adopted a resolution to support the staff recommendation and deny the application.

Appeal: The applicant filed an appeal on July 7, 2023, ten days after the Planning Commission public hearing (reference Attachment F – Appeal Letter).

ANALYSIS
Basis of Planning Commission Denial : The Planning Commission's denial of the applicant's request to reconstruct and intensity the Shell service station was predicated on the findings of approval for a Conditional Use Permit and Site and A rchitectural Review Permit, particularly with regard to lack of compliance with the applicable General Plan policies. These findings and the staff's original analysis, is included, below:

Conditional Use Permit Findings (CMC Sec. 21.46.040):

A. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code;
Yes. The project site is located within the General Commercia l (C-2) Zoning District.

According to the Zoning Code, this district is "intended to provide a wide range of retail sales and business and personal services primarily oriented to the automobile customer and accessible to transit corridors". Since the C -2 Zoning District caters to commercial uses that need exposure to high volumes of automobile traffic (e.g., shopping centers, service stations, and restaurants), it is almost exclusively found along the City's major arterial roadways, including Hamilton, Basc om, and Camden Avenues, and the southerly portion of Winchester Boulevard.

Consistent with its purpose, the C -2 Zoning District allows the widest array of permitted and conditional land uses. The proposal would include the following six distinct land use components, all of which are conditionally allowable in this zoning district: (1) "gasoline station"; (2) "motor vehicle - cleaning, washing, and detailing"; (3) "outdoor active activities" (the drive -through component of the carwash); (4) "late night act ivities" (24 -hour operation); (5) "liquor store" (to allow off -site alcoholic beverage sales); and (6) a "convenience market/store".

B. The proposed use is consistent with the General Plan; No. The General Plan land use designation for the project site is General Commercial. This land use designation supports uses that require high vehicular and pedestrian exposure in order to sustain the success and viability of the City’s retail 12 Packet Pg. 88
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and business centers. Establishment of a gasoline service station with the abo ve- described associated uses along a major commercial corridor with convenient access to Highway 17 would generally be considered consistent with purpose of the General Commercial land use designation. However, the proposal to reconstruct and intensify an existing service station, in this particular location , conflicts with various General Plan policies and strategies, as discussed, below.

Gateway Policy : The project site is located at the Hamilton/Salmar/Highway 17 intersection, which is identified by the prior and current General Plan as a city entry "gateway." The following excerpt from page LUT -28 of the 2001 General Plan explains the importance of these gateways and ensuring that they provide a strong "sense of arrival" into the City of Campbell. In sta ff's assessment, this project fails to satisfy the gateway policies in that a gas station with a convenience market and drive-through car wash simply cannot be designed to create a "sense of arrival" into the City. This inability to comply with the gateway policies is inherent with these land uses such that it is not possible for the project to be redesigned in a way that could achieve consistency.

The General Plan's vision for entry gateways is effectuated through Goal LUT -6 and its supporting policy and strategies, as excerpted, right. Strategy LUT -6.1b identifies the need to anchor gateway intersections with "landmark buildings" with "distinct architectural character" that "face and
frame" the intersection.

The proposed project fails to achi eve
these goals because a service station/
convenience market cannot be
sufficiently designed as a landmark
building. A service station /
convenience market lacks the
necessary building scale and potential
Gateways / City Boundaries [Pg. LUT-28]
Gateways and Boundaries are the primary
locations where people enter and leave the city.

Gateways provide initial impressions of
Campbell and convey a “sense of arrival.”
Currently the City is lacking Gateways at its
boundaries and to most of its districts and
neighborhoods.

This General Plan Update encourages
Gateways at the city boundaries on major
streets and intersections and at entries to
special districts, such as Downtown. Gateways
should be appealing and distinctive, evoking a
positive city or district image. Gateways can be
identified through special architecture,
landscape, and artwork. Uniform signs for
the city’s gateways can also help define the
city’s boundaries.
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for architectural exceptionalism envisioned for la ndmark gateway buildings.

Fundamentally, a service station cannot fulfill the architectural or place -making aspirations for a major City gateway as envisioned by the General Plan.

This conflict is notably more significant at the Hamilton/Salmar/Highway 17 Gateway as it is one of the most visually prominent and highly trafficked gateways to Campbell. The sightline off the highway 17 offramp renders the project site particularly visible to motorists entering the City, further supporting the need to construct a landmark building rather than allowing reconstruction of a service station.

Transit Supporting Policy : The gateway policy notwithstanding, the proposed continued use of the property as a service station is also in conflict with General Plan policy pertaining to complementing land use with the regional transportation system and allowing higher intensity development near light rail, as stated by Policy LUT-1.5 and Strategy LUT-1.5a, and Strategy LUT-1.5d, respectively, and within the Priority Development Areas (PDA) per Strategy LUT-2.11.

Policy LUT-1.5: Land Use Planning and the Regional Transportation System :

Support land use planning that complements the regional transportation system.

Strategy LUT-1.5a: Transit-Oriented Developments : Encourage t ransit-oriented developments including employment centers such as office and research and development facilities and the city’s highest density residential projects by coordinating the location, intensity, and mix of land uses with transportation resources , such as Light Rail.

Strategy LUT-1.5d: Higher Floor Area Ratios (FARs) : Develop provisions for allowing higher FARs in new projects that provide a mix of uses, maintain a jobs/housing balance or are located within proximity to Light Rail.

Strategy LUT-2.11 Public Transit : Coordinate with regional transportation agencies including VTA and the Metropolitan Transportation Commission (MTC) to improve public transportation service and promote public transit as a viable alternative to driving, particularly within the Priority Development Areas (PDA). 12 Packet Pg. 90
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The project site is less than ¼ mile from the Hamilton Light Rail Station, and is surrounded by the City's Priority Development Area (PDA). As such, consistent with the applicable policies and strategies, the nature of land use development or redevelopment of the property should focus on transit -oriented development and take advantage of its proximity to light-rail and Downtown Campbell. This outcome is also strongly supported by the regional Plan Bay Area 2050, which encourages local jurisdictions to focus on the development of housing, job centers, and mixed -use developments near transit stations to promote walkability, reduce car dependency, and improve overall transportation efficiency. In total, allowing significant reinvestment into the property as a service station use would undermine fulfillment of the vision articulated by Campbell General Plan as well that of Plan Bay Area 2050.

Design and Architecture Policies : In addition to the project's inconsistency with the General Plan's gateway and transit -supporting policies, the design approach of the station also presen ts conflicts with the General Plan’s design policies, as discussed, below.

Building Placement/Orientation : The General Plan's discussion on building placement at intersections, excerpted, below, highlights the design imperative to properly orient buildings at intersections so that they contribute to the creation of a "sense of place". Orienting buildings towards the street is also supported by Strategy LUT-9.3d as a means to improve the pedestrian experience.

Building Placement at Intersections [Pg. LUT-32]
Major intersections are often the first and most lasting impression of the community. Street intersections create focal points that can enhance or detract from the image of a community. This highly visible position deserves special design consideration. Well- designed buildings that frame intersections help define a space and reduce the expanse of asphalt. Incorporating prominent entries, windows, design details, and landscape oriented to the intersection creates “a sense of place.” Well-designed and str ategically placed buildings can provide a more positive image of the community.

Strategy LUT-9.3d: Building Design: Design buildings to revitalize streets and public spaces by orienting the building to the street , including human scale details and massing that engages the pedestrian.

Following the 2021 study session, the applicant revised the site plan to move the convenience store towards the intersection in attempt to satisfy the referenced General Plan policy. However, as illustrated by the streetscape rendering (reference Attachment G), the functional rear of the building would face the street, with only an exit door along the Hamilton Avenue frontage. Although the design includes a corner glass element —ostensibly intended to provide the building with a n architectural anchor at the intersection —this feature would be a mere artifice. As depicted in the floor plan, the corner would operate as a storage room. As a result, the building would be oriented inward, with its back facing the street, in a manner that contradicts the General Plan's guidance.

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Building Materials: The General Plan's narrative on building and site design speaks to the need to construct "high quality" buildings, as excerpted, below. This direction is reiterated by Policy LUT -9.3, a nd supported by Strategy LUT -9.3e, which encourages the use of "long-lasting, high quality building materials on all buildings".

Building and Site Design [Pg. LUT-32]
New developments, especially “infill” projects (i.e. new development that primarily takes place by remodeling existing buildings or by removing an existing structure to accommodate a new structure), require careful attention to building scale, architectural design, landscaping, and placement and screening of loading areas and mechanical equip ment. With proper encouragement and direction, new development can have a positive affect on surrounding development and enhance the quality of life for residents, employees, and visitors to Campbell.

The General Plan encourages new developments, including major remodels, which are designed to complement existing development. New development and improvements can be compatible with surrounding development if careful attention is paid to scale, materials, colors, building height and form, and design details. Franchise establishments sometimes employ a generic “corporate architecture” that is garish and repetitive. Corporate architecture is more difficult to blend with existing development, does not accommodate other commercial land uses easily and becomes date d quickly. Therefore, corporate architecture is discouraged. The General Plan encourages high quality building designs that are architecturally attractive and are compatible with or enhance the surrounding development.

Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural
resources.

Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building m aterials on all buildings to ensure the long-term quality of the built environment.

Utility room
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The elevation and color/material sheet (reference Attachment H) drawings portray a building covered in brick with metal accents. However, the project plans and material sheet specify the use of "thin brick," a veneer material typically ½" or ¼" thick. Due to the flimsiness of this material, it would not achieve the tactile depth nor durability of a genuine brick. Consequently, the building would fall short of meeting the de sign expectations outlined in the General Plan.

Fuel Consumption : General Plan Policy LUT -1.2c directs the City to support Federal, State, and local legislation to reduce motor vehicle emissions, noise, and fuel consumption in the region:

Policy LUT-1.2c: Regional Vehicle Emissions, Noise and Fuel Consumption Reduction: Support Federal, State, and local legislation to reduce motor vehicle emissions, noise, and fuel consumption in the region.

The Federal government and the State of California are commi tted to transitioning away from gasoline -fueled motor vehicles in the effort to combat the climate crisis.

Of particular relevance, Governor Newsom signed Executive Order N -79-20, which directed the California Air Resources Board (CARB) to develop regulations to mandate that 100% of in -state sales of new passenger cars and trucks are zero - emission by 2035. In response, CARB adopted the " Advanced Clean Cars II" rule to effectuate the Governor's order last August , which will rapidly accelerate the transition away from gasoline vehicles. The purchase of electric vehicles will also be incentivized through new tax credits approved as part of the 2022 Inflation Reduction Act. As such, allowing new investment into the continuation of a gasoline station would be inconsistent with the purpose and trajectory of State and Federal policy.

C. The pr oposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area;
Yes. Under the recently adopted State Law AB -2097, the City "shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the project is located within one -half mile of public transit." As this property is within 1/2 mile of the Hamilton Light Rail station, it is no longer subject to a parking requirement. Nonetheless, the project would provide eleven (11) parking stalls. With regarding to fueling trucks, the project plans show a 12 Packet Pg. 93
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unidirectional path from eastbound Hamilton Avenue through the site onto southbound Salmar Avenue that would provide adequate circulation.

D. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; Yes. The proposal would result in a negative trip generation due to the fewer number of pumps and assumptions for a multi -use service station found of the ITE Trip Generation Manual such that traffic study was not required under the VTA Congestion Management Program . Additionally, since the project site is within ½ mile from the Hamilton Light -Rail Station, a Vehicles -Miles-Traveled (VMT) analysis was also not required per the City's VMT policy.

E. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on -site and in the vicinity of the subject property; and
No. Although not applicable to the project, the newly
adopted 2040 Campbell General Plan identified this site and surrounding properties for inclusion within a new
Hamilton Avenue Precise Plan. As e ffectuated through
new Goal LU -9, right, the 2040 General Plan aims to
transform the Hamilton Avenue area into a vibrant, transit - oriented, mixed -use district with safe and convenient
multi-modal connectivity. Future uses are anticipated to be upper -level residential units (apartments and
condominiums) with pedestrian -scale retail, restaurant, and personal -service businesses on the ground -level
intended to serve the local community. Reconstruction of a service station in the heart of the Precise Plan area would present an inherent conflict with these future uses.

For this reason, the 2040 General Plan includes a policy discouraging new non -residential projects until the City adopts the precise plan so that new development may
further this vision. Approval of the project could potentially undermine this position since it would result in an
intensified vehicle-oriented activity near a light -rail station in contradiction of accepted transit -oriented development (TOD) principles.

F. The establishment, maintenance , or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
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Yes. Although this site has had some history of nuisance and criminal activity, this was reflection of the prior operator and there are no active code enforcement or police investigations regarding the property. Use of the property as its current form and as proposed would not impair the public health or safety.

Site and Architectural Review Permit Findings (CMC Sec. 21.42.060.B):

A. The project will be consistent with the general plan.

No. See the response for Conditional Use Permit Finding 'B,' above.

B. The project will aid in the harmonious development of the immediate area.

No. See the response for Conditional Use Permit Finding 'F,' above.

C. The project is consistent with app licable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s).

Yes. There are no design guidelines for commercial buildings applicable to this project, nor is the project site subject to any area, neighborhood, or specific plan.

Tree Removal Permit Findings (CMC Sec. 21.32.080)
The application includes the proposed removal of all on - site trees, as noted in the table, right, as they would physically conflict with the proposed construction.

Traditionally, this occurrence may allow for consideration of approval of a Tree Removal Permit under the
"economic enjoyment and hardship" finding, noted,
below. However, since the findings for approval of the
overall project cannot be established, there is not an economic basis to remove the trees. As such, this finding cannot be established, and the other findings are inapplicable.

A. Diseased or danger of falling. The tree or trees are diseased or presents a danger of falling that cannot be controlled or rem edied through reasonable preservation and/or preventative procedures and practices such that the public health or safety requires its removal;
B. Structure Damage. The tree or trees have caused or may imminently cause significant damage to the existing main s tructure(s) that cannot be controlled or remedied through reasonable modification of the tree's root or branch structure; C. Utility Interference. The tree or trees have interfered with utility services where such interference cannot be controlled or remedied through reasonable modification/relocation of the utility services and/or reasonable modification of the tree's root or branch structure;
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D. Overplanting. The tree(s) is crowding other protected tree(s) to the extent that removal is necessary to ensure the long-term viability of adjacent tree(s); OR E. Economic enjoyment and hardship. The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s). A minor reduction o f the potential number of residential units or building size due to the tree location does not represent a severe limit of the economic enjoyment of the property.

Response to Appeal : The applicant's appeal letter provides four points as the basis for the a ppeal as to why the application should be approved. Each of these points is presented below verbatim, followed with a response by staff:

1. The proposed reconstruction of the gas station will improve the onsite and oﬀsite vehicle circulation.

Although the consolidation of the two existing Hamilton Avenue driveways into a single driveway as proposed by the project would result in improved on- and off-it circulation, this was not a basis for the Planning Commission's denial.

2. The proposed reconstruction of the gas station improves the pedestrian access to the facility and provide better customer experience.

The existing service station currently has poor pedestrian access —as one must walk through the fueling area to reach the convenience market —staff agrees that any new proposal would be an improvement. However, this was not a basis for the Planning Commission's denial, and is therefore, is also not a relevant factor.

Moreover, in a broader context, an appropriate development consistent with the citied policie s of the General Plan would provide a notably enhanced pedestrian experience than a new service station, which no matter its design is still inexorably oriented to drivers.

3. The proposed reconstruction of the gas station will allow the facility to comply with the current state and local codes and provides legion of EV parking stalls.

The applicant has noted the service station is already obligated to comply with a State law requiring removal and replacement of the existing single -walled underground storage tanks. Reconstruction of the station is not necessary to accomplish this work.

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factor as it would remain a vehicle -oriented activity inconsistent with the General Plan. M oreover, the vast majority of electric vehicles are charged at home and at work or when drivers park in a long -term capacity (such as a shopping center or mall).

4. The reinvestment in the property provides additional tax dollar for the City of Campbell.

Although a larger convenience store and automated car wash may result in additional sales tax generation, the potential minor fiscal benefit is not a relevant factor identified in the City’s applicable general plan policies.

ADDITIONAL CONSIDERATIONS
The applicant has indicated that a long -term lease will require use of the property for gasoline sales until 2046 and that if the application is rejected, the property woul d remain in its current state until then. However, market forces in the next decade may alter the economic considerations between the applicant and the property owner in a manner that could facilitate appropriate redevelopment of the property in the future. This may be particularly true if State and Federal policies result in a precipitous drop in gasoline consumption, which may reduce the profitability of older gas stations without modern amenities, resulting in their closure . Indeed, some cities are beginning to consider formally prohibiting the construction of new gasoline service stations in recognition of this shift. As such, the applicant's assertions need not be taken at face value.

Ultimately, there will be a number of properties in this area —in addition to the project site—that will be developed durin g the next development cycle as envisioned by the City’s General Plan and Housing Element, including the Fry's Electronics, Elephant Bar, and Staples sites, as well as the small professional office building immediately to the south (which had been subject to formal application for a hotel). All of these properties are generational opportunities to reimagine the urban form of this critical entry into the City; a future in which a gasoline station has no place.

ALTERNATIVE
If the City Council wishes to favor ably consider the application, the public hearing should be continued to a date uncertain to allow staff to prepare an environmental document as required by the California Environmental Quality Act (CEQA), allowing the project to be considered for approval. The Council should also articulate how the project complies with the General Plan so that staff may prepare draft approval findings for future Council consideration.

PUBLIC COMMENT
No public comment has been received.
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FISCAL IMPACT
There are no direct fiscal impacts from the recommended action.

Prepared by:

Andrea Sanders, City Clerk
Reviewed by:

Rob Eastwood, Community
Development Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Continuance Request
b. Draft CC Resolution
c. Project Plans
d. Project Description
e. PC Meeting Minutes (2023-06-27)
f. Appeal Letter
g. Streetscape Drawing
h. Color and Material Sheet
12 Packet Pg. 98

1 Daniel Fama
From: Anne Matelich <[email protected]>
Sent: Tuesday, September 26, 2023 10:48 AM
To: Daniel Fama
Cc: Sunny Goyal; Muthana Ibrahim; Justin A. Zucker; Jason Overman; Marjory Ruiz Subject: Request for continuance
Hi Daniel,
I am reaching out on behalf of the applicant team for the 570 E. Hamilton Avenue project. We would like to formally request a continuance for our hearing, which is currently scheduled for October 3. The owner has an obligation out of state on that date that he cannot miss an d is hoping to attend the meeting in person so that he can present. Our full team would be able to attend the City Council hearing on November 7.

Thank you for your consideration.

Best regards,
Anne Matelich
Anne Matelich | Partner & Co‐Founder
PROGRESS PUBLIC AFFAIRS
e | anne.fla
nigan@progress‐pa.com
m | (417) 793‐5434

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Attachment: Continuance Request (PLN-2022-44 ~ 570 E. Hamilton Avenue.) RESOLUTION NO. ____

BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CAMPBELL DENYING AN APPEAL AND UPHOLDING THE

PLANNING COMMISSION'S DENIAL WITH PREJUDICE OF A

CONDITIONAL USE PERMIT WITH SITE AND ARCHITECTURAL

REVIEW TO ALLOW R ECONSTRUCTION OF A GASOLINE

SERVICE STATION WITH AN EXPANDED CONVENIENCE STORE

INCLUDING OFF -SITE ALCOHOL BEVERAGE SALES, A DRIVE -
THROUGH CARWASH, AND 24 -HOUR OPERATIONAL HOURS

WITH A SSOCIATED SITE, LIGHTING, PARKING, REFUSE
COLLECTION, AND LANDSCAPING IMPROVEMENTS; AND A

TREE REMOVAL PERMIT TO ALLOW REMOVAL OF ON -SITE
TREES, FOR PROPERTY LOCATED AT 570 E. HAMILTON
AVENUE. FILE NO.: PLN-2022-44
After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.

The City Council finds as follows with regard to File Number PLN-2021-43:

Environmental Findings

1. The action to deny the project is Statutorily Exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to PRC § 21080(b)(5).

Evidentiary Findings

1. The Project Site is an approximately 26,000 square-foot parcel located at the southwest corner of the Hamilton/Salmar/Highway 17 intersection and 0.20 mile from the Valley Transportation Authority (VTA) Hamilton Light Rail Station.

2. The Project Site is designated by the Campbell Zoning Map as C -2 (General Commercial) and by the Campbell General Plan Land Use Diagram as General Commercial.

3. The Project Site is surrounded by the Staples office supply store and its parking lot to the west and south and is across the street from a retail center to the north across Hamilton Avenue and the former Fry's Electronics store to the east across Salmar Avenue.

4. The Project Site is currently entitled with a Conditional Use Permit (UP 83-06) approved by Planning Commission Resolution No. 2227, as amended by Resolution No. 4269 (PLN2015-22), allowing 24-hour operation of a service station and convenience market with off-sale of beer and wine products.

5. The Proposed Project is a n application for a Conditional Use Permit with Site and Architectural Review and Tree Removal Permit (PLN-2022-44) to allow reconstruction of

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Attachment: Draft CC Resolution (PLN-2022-44 ~ 570 E. Hamilton Avenue.) City Council Resolution Page 2 of 7
570 E. Hamilton Avenue – Shell Service Station
Denial of a Conditional Use Permit w/ S&A Review (PLN-2021-43) a Shell service station with an expanded convenience store including off -site alcohol beverage sales, a drive-through carwash, and 24-hour operational hours.

6. The specific conditional uses of the Proposed Project include a (1) "gasoline station"; (2) "motor vehicle - cleaning, washing, and detailing"; (3) "outdoor active activities" (the drive-through component of the carwash); (4) "late night activities" (24 -hour operation); (5) "liquor store" (to allow off -site alcoholic beverage sales); and (6) a "convenience market/store".

7. The application for the Proposed Project was deemed "complete" under the Permit Streamlining Act on January 17, 2023, and therefore is subject to the Zoning Code and General Plan in effect at the time pursuant to CMC Sec. 21.01.050.E.

8. Chapter 21.46 of the Campbell Municipal Code (CMC) requires application for a Conditional Use Permit for certain prescribed land use activities so that the City may evaluate requests on a case-by-case basis relative to site specific considerations for the following reasons:
• Conditional uses are those that have a special impact or uniqueness so that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location.
• The process for reviewing Conditional Use Permit applications is intended to protect the integrity and character of the residential, commercial, industrial, and mixed use areas of the city, consistent with the objectives, policies, general land uses, and implementation programs of the General Plan.
• The Conditional Use Permit process also provides for adequate review and input for development projects that potentially impact the community, and adequate review to ensure that development in each zoning district protects the integrity of that district.
• A project requiring Conditional Use Permit approval is reviewed as to its location, design configuration, and potential impacts by comparing the project to established standards as to determine whether the permit should be approved by weighing the public need for, and the benefit to be derived from, the project, against any impacts it may cause.

9. The City ’s exercise of the Conditional Use Permit process further s the intent of the Zoning Code as specified by CMC Section 21.01.30 (Purpose), including but not limited to the implementation of the goals, objectives, policies, and programs of the General Plan, to maintain community character and to avoid congestion.

10. In review of the Proposed Project, the City Council considered the compliance of all applicable development standards provided by the Zoning Code, consistency with the goals, policies, and strategies of the General Plan, and the entirety of the administrative record including staff reports, public testimony (verbal and written), and technical analyses.

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Attachment: Draft CC Resolution (PLN-2022-44 ~ 570 E. Hamilton Avenue.) City Council Resolution Page 3 of 7
570 E. Hamilton Avenue – Shell Service Station
Denial of a Conditional Use Permit w/ S&A Review (PLN-2021-43)

11. The General Plan prescribes that “in making land use decisions, the City’s decision makers must consider which land uses will best serve the public interest, while allowing property owners reasonable property use.” (Page LUT-3).

12. The Project Site is locate d at the Hamilton/Salmar/Highway 17 intersection, which is identified by the Campbell General Plan as a city entry "gateway." Page LUT-28 of the General Plan describes the gateways, as follows:

Gateways and Boundaries are the primary locations where people enter and leave the city.

Gateways provide initial impressions of Campbell and convey a “sense of arrival.” Currently the City is lacking Gateways at its boundaries and to most of its districts and neighborhoods ….This General Plan Update encourages Gateways at the city boundaries on major streets and intersections and at entries to special districts, such as Downtown. Gateways should be appealing and distinctive, evoking a positive city or district image. Gateways can be identified through special architec ture, landscape, and artwork. Uniform signs for the city’s gateways can also help define the city’s boundaries.

13. The General Plan's vision for entry gateways is effectuated through Goal LUT-6 and its supporting policy and strategies , below. The Proposed Project fails to achieve the objectives established by Goal LUT-6 and its supporting policy and strategies in that an expanded gasoline station, convenience market, and drive -through carwash cannot adequately anchor a gateway intersection with "landmark buildings" with "distinct architectural character" that "face and frame" the intersection . This conflict is notably more significant at the Hamilton/Salmar/Highway 17 Gateway as it is one of the most visually prominent and highly trafficked gateways into the City.

Goal LUT-6: Strong and identifiable City boundaries that provide a sense of arrival into the City and its districts to reinforce Campbell’s quality small town image.

Policy LUT-6.1: Entries to the City and Special Districts: Identify entries to the city and special districts (Downtown, San Tomas Neighborhood, and others) with special features.

Strategy LUT-6.1a: Identification Signs : Install city identification signs including distinctive landscaping and lighting or other mark ers at community gateways to signify entry.

Strategy LUT-6.1b: Landmark Gateway Buildings : Anchor gateway intersections with landmark buildings that incorporate distinctive architectural character. Orient landmark buildings to face and frame the corners of intersections.

Strategy LUT-6.1c: Gateway Intersections : Develop major gateway intersections such as Highway 17 / Hamilton Avenue and San Tomas Expressway / Winchester Boulevard with signage, lighting and abundant landscaping, using tall trees and under-planting.

14. The Project Site’s prominent location with proximity to CA Highway 17 and Hamilton Light Rail Station supports a higher and better use of land than the Proposed Project which does not maximize the development capacity of the subject propert y as evidenced by the .16 Floor Area Ratio (FAR) and single-story design where a 0.40 FAR and a 75-foot height limit are specified by the C-2 (General Commercial) Zoning District.

15. Moreover, the vehicle orientation of the Proposed Project conflicts with General Plan policies and strategies pertaining to complementing land use with the regional

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Attachment: Draft CC Resolution (PLN-2022-44 ~ 570 E. Hamilton Avenue.) City Council Resolution Page 4 of 7
570 E. Hamilton Avenue – Shell Service Station
Denial of a Conditional Use Permit w/ S&A Review (PLN-2021-43) transportation system and allowing higher intensity development near light rail, as stated by Policy LUT -1.5 and Strategy LUT -1.5a, and Strategy LUT -1.5d, respectively, and within the Priority Development Areas (PDA) per Strategy LUT -2.11, since the project site is less than ¼ mile from the Hamilton Light Rail Station, and is surrounded by the City's Priority Development Area (PDA).

Policy LUT-1.5: Land Use Planning and the Regional Transportation System : Support land use planning that complements the regional transportation system.

Strategy LUT-1.5a: Transit-Oriented Developments : Encourage transit -oriented developments including employment centers such as office and research and development facilities and the city’s highest density residential projects by coordinating the location, intensity, and mix of land uses with transportation resources, such as Light Rail.

Strategy LUT-1.5d: Higher Floor Area Ratios (FARs): Develop provisions for allowing higher FARs in new projects that provide a mix of uses, maintain a jobs/housing balance or are located within proximity to Light Rail.

16. For the above reasons, the Proposed Project is also in conflict with Plan Bay Area 2050, which encourages local jurisdictions to focus on the development of housing, job centers, and mixed -use developments near transit stations to promote walkability, reduce car dependency, and improve overall transportation efficiency.

17. Notwithstanding inconsistency with the General Plan's gateway and transit -supporting policies, the Proposed Project also fails to satisfy the design expectations established by the General Plan pertaining to Building Placement/Orientation , as described of Page LUT-32, and effectuated by Strategy LUT -9.3d, in that the building would be oriented inwards, with the functional rear of the building facing the Hamilton Avenue frontage.

Major intersections are often the first and most lasting impression of the community. Street intersections create focal points that can enhance or detract from the image of a community. This highly visible position deserves s pecial design consideration. Well - designed buildings that frame intersections help define a space and reduce the expanse of asphalt. Incorporating prominent entries, windows, design details, and landscape oriented to the intersection creates “a sense of p lace.” Well- designed and strategically placed buildings can provide a more positive image of the community.

Strategy LUT-9.3d: Building Design : Design buildings to revitalize streets and public spaces by orienting the building to the street, including human scale details and massing that engages the pedestrian.

18. The Proposed Project also fails to satisfy the design expectations established by the General Plan pertaining to design and materials , as described on Page LUT -32, and effectuated by Policy LUT-9.3 and Strategy LUT-9.3e, in that the proposed use of "thin brick"—a veneer material typically ½" or ¼" thick —would not achieve the tactile depth nor durability of a genuine brick. Consequently, the building would fall short of meeting the design expectations outlined in the General Plan.

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Attachment: Draft CC Resolution (PLN-2022-44 ~ 570 E. Hamilton Avenue.) City Council Resolution Page 5 of 7
570 E. Hamilton Avenue – Shell Service Station
Denial of a Conditional Use Permit w/ S&A Review (PLN-2021-43) New developments, especially “infill” projects (i.e. new development that primarily takes place by remodeling existing buildings or by removing an existing structure to accommodate a new structure), require careful attention to building scale, architectural design, landscaping, and placement and screening of loading areas and mechanical equipment. With proper encouragement and direction, new development can have a positive affect on surrounding development and enhance the quality of life for residents, employees, and visitors to Campbell.

The General Plan encourages new developments, including major remodels, which are designed to complement existing development. New development and improvements can be compat ible with surrounding development if careful attention is paid to scale, materials, colors, building height and form, and design details. Franchise establishments sometimes employ a generic “corporate architecture” that is garish and repetitive. Corporate architecture is more difficult to blend with existing development, does not accommodate other commercial land uses easily and becomes dated quickly.

Therefore, corporate architecture is discouraged. The General Plan encourages high quality building designs that are architecturally attractive and are compatible with or enhance the surrounding development.

Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources.

Strategy LUT-9.3e: Building Materials : Encourage the use of long -lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment.

19. General Pla n Policy LUT -1.2c directs the City to support Federal, State, and local legislation to reduce motor vehicle emissions, noise, and fuel consumption in the region.

Approval of the Proposed Project would be in contradiction to Federal and State policies to reduce gasoline fuel consumption, including Executive Order N-79-20, which directed the California Air Resources Board (CARB) to develop regulations to mandate that 100% of in-state sales of new passenger cars and trucks are zero -emission by 2 035, which was effectuated by CARB "Advanced Clean Cars II" rule adopted in August 2022, which will rapidly accelerate the transition away from gasoline vehicles. Moreover, the purchase of electric vehicles will also be incentivized through new tax credits approved as part of the federal 2022 Inflation Reduction Act.

Policy LUT-1.2c: Regional Vehicle Emissions, Noise and Fuel Consumption Reduction : Support Federal, State, and local legislation to reduce motor vehicle emissions, noise, and fuel consumption in the region.

20. Future uses in the vicinity of the Project Site are anticipated to be upper-level residential units (apartments and condominiums) with pedestrian-scale retail, restaurant, and personal-service businesses on the ground-level intended to serve the local community.

21. Rejection of the Proposed Project does not deny the property owner reasonable use of the property as the current service station and convenience store may continue to be operated consistent with the approved Conditional Use Permit (UP 83-06/ PLN2015-22).

22. The Proposed Project was considered by the Planning Commission at its meeting of June 27, 2023, wherein, after closing of the public hearing, adopted Resolution No. 4683, denying the application . A timely Appeal of the Planning Commission's denial w as received on July 7, 2023.

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Attachment: Draft CC Resolution (PLN-2022-44 ~ 570 E. Hamilton Avenue.) City Council Resolution Page 6 of 7
570 E. Hamilton Avenue – Shell Service Station
Denial of a Conditional Use Permit w/ S&A Review (PLN-2021-43) Based upon the foregoing findings of fact pursuant to CMC Section 21.46.040 and Section

21.46.050 and in consideration of the entire administrative record, and in weighing the public need for, and the benefit to be derived from, the project, against any impacts it may cause, the City Council further finds and concludes that:

Conditional Use Permit Findings (CMC Sec. 21.46.040):

1. The proposed use is not consistent with the General Plan;

2. The design, location, size, and operating characteristics of the proposed use are not compatible with the existing and future land uses on-site and in the vicinity of the subject property;
Site and Architectural Review Permit Finding (CMC Sec. 21.42.060.B):

3. The project will not be consistent with the general plan;

4. The project will not aid in the harmonious development of the immediate area; Tree Removal Permit Finding(s) (CMC Sec. 21.32.080.A):

5. The tree or trees are not diseased or presents a danger of falling that cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices such that the public health or safety requires its removal;

6. The tree or trees have not caused or may imminently cause significant damage to the existing main structure(s) that cannot be controlled or remedied through reasonable modification of the tree's root or branch structure;

7. The tree or trees have not interfered with utility services where such interference cannot be controlled or remedied through reasonable modification/relocation of the utility services and/or reasonable modification of the tree's root or branch structure;

8. The tree(s) is are not crowding othe r protected tree(s) to the extent that removal is necessary to ensure the long-term viability of adjacent tree(s);

9. The retention of the tree(s) does not restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternat ives to preserve the tree(s). A minor reduction of the potential number of residential units or building size due to the tree location does not represent a severe limit of the economic enjoyment of the property.

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Attachment: Draft CC Resolution (PLN-2022-44 ~ 570 E. Hamilton Avenue.) City Council Resolution Page 7 of 7
570 E. Hamilton Avenue – Shell Service Station
Denial of a Conditional Use Permit w/ S&A Review (PLN-2021-43) THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds the Planning Commission's denial with prejudice a Conditional Use Permit with Site and Architectural Review to allow reconstruction of a gasoline service station with an expanded convenience store including off -site alcohol beverage sales, a drive -through carwash, and 24-hour operational hours with associated site, lighting, parking, refuse collection, and landscaping improvements; and a tree removal permit to allow removal of on -site trees, for property located at 570 E. Hamilton Avenue , subject to the prohibition of the same or substantially similar development proposal being submitted within twelve month s 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: Draft CC Resolution (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

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Attachment: Project Plans (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

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Attachment: Project Plans (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

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Attachment: Project Plans (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

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Attachment: Project Plans (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

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Attachment: Project Plans (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

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Attachment: Project Plans (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

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12.c
Packet Pg. 114
Attachment: Project Plans (PLN-2022-44 ~ 570 E. Hamilton Avenue.) /0/1/2/3
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12.c
Packet Pg. 115
Attachment: Project Plans (PLN-2022-44 ~ 570 E. Hamilton Avenue.) /0/1/2/3
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12.c
Packet Pg. 116
Attachment: Project Plans (PLN-2022-44 ~ 570 E. Hamilton Avenue.) /0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0/0
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Written Project Description for:

Shell Gas Station, Convenience Store
570 E. Hamilton Avenue

Campbell, CA

On behalf of our Client A U Energy, LLC., we are submitting thi s written description for the reconstruction of the Shell gas station at the above referenced site. The project scope of work consists of removing all structures on site and installing a ne w 2,387 sf. convenience store and a 959 sf. self-service drive-through carwash tunnel w/ attached 267 sf. equipment room and 267 sf. storage. The proposed gas stati on includes a fuel canopy with ( 4) multi product fuel dispensers and (2) 20K gallon underground st orage tanks. The site improvem ents include: parking stalls, accessible path of travel to the right-of-way, masonry trash enclosure, site lighting, landscaping & self-service air/water & vacuum units. The following are items to be considered in this project:
 ITEMS TO BE SOLD AT THIS FACILITY: The gas station will sell gasoline, the convenience store will sell pre-packaged food items, sundry items, some aut omobile accessories (i.e.- air fresheners, cell phone accessorie s, anti-freeze, motor oil, etc .) self-service beverages, fresh and/or pre-packaged pastries & can and/or bottles of soda, wate r, sports/energy drinks and alcoholic beverages (Beer & Wi ne). The carwash will provide se lf-service, drive-through carwashes. There will be NO carwash employees on duty.  EMPLOYEE: There will be (4) full time emp loyees per shift, (1) manager and (1) assistant manager. There will be (3) shifts per day. Total employee is (14) full time employees five days a week and (12) part-time employees two days a week.  HOURS OF OPERATION: The current hours of operation of the gas station and snack s hop are: 24 hrs. / day, 7 days a week, 365 days per year and will r emain the same. The carwash hours of operation will be: 24 hrs. / day, 7 days a week, 365 days per year  FUEL DELIVERY: The fuel delivery truck will make deliveries 7 times / week.  RECYCLED CARWASH WATER: Prior to discharge to the public sewer system, the used carwash water runs through (2) types of treatment tanks the fir st tank is the sand/oil separator. This tank includes (2) compartments. The sand oil separator intercepts the sand in the first compartment and the oil in the second compartment. The access water then leaves the san /oil separator tank to the clarifier tank. The clarifier tank consists of (3) compartments to clear the water for the reuse by the carwash eq uipment. The percentage of the recycled water to be re-used in the carwash will be controlled by the reclaim system.  SITE LIGHTING: The exterior lighting levels will be enough to ensure the saf ety of the facility, but to not provide glare or excessive light spillage onto adjacent properties or the public right-of-way
 REDUCE REAR SETBACK: Per CMC section 21.10.050.E., Table 2-10, we are requesting a reduction in the rear setback along the south property line f or the following reasons: A) To accommodate a carwash tunnel with a separate carwash equipment room, we need to reduce the rear setback to 5 ft. Please note that the project p rovides 14% landscape area. the landscape area provided is grater that the required landsca pe area which is 10%. B) Moving the carwash building north to accommodate the 10 ft. set back will impact the fuel canopy circulation and the fuel delivery truck path. C) Moving the carwash building north to accommodate the 10 ft. set back will push the proposed driveway on Salmar Ave. closer to the street intersection. D) Movi ng the carwash building north t o accommodate the 10 ft. set back will reduce the carwash stacking lane length.
 REDUCE THE FRONTAGE PLANTER: We are requesting to reduce the frontage planter on Salmar Ave., to 6 ft. & 5ft. The reason for this request is as f o l l o w : A ) T o a l l o w t h e f u e l canopy to have a passing lane adjacent to the fueling line on S almar Ave. frontage. B) Muthana Ibrahim
Architect
President

Telephone :
(925) 287-1174

Facsimile:
(925) 943-1581

Cell:
(925) 878-9875

Email:
[email protected]

Website:
www.miarchitect.com
M I A r c h i t e c t s, I n c. A C a l i f o r n i a C o r p o r a t i o n A R C H I T E C T U R E . P L A N N I N G . M A N A G E M E N T . D E S I G N 2 2 2 1 O L Y M P I C B L V D. , S U I T E 100 , W A L N U T C R E E K , C A L I F O R N I A 9 4 5 9 5

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Page 2 of 2 ends

11/4/2022
Mr. Darin Goon
S:\1-Projects\20-50120 570 E Hamilton, Campbell\Doc's\Campbell Written Statement-10-18-22.doc

Widen the planter to 10 ft. on Salmar Ave. frontage will impact the length of the proposed carwash tunnel & equipment room.

If you have any questions, please don’t hesitate to give me a call. I can be reached at (925) 287-1174 x1.

Sincerely,
Muthana Ibrahim
Architect, President
M I Architects, Inc.

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PLANNING COMMISSION
REGULAR MEETING MINUTES
Tuesday, June 27, 2023 I 7:30pm
City Hall Council Chamber

CALL TO ORDER

The Regular Planning Commission meeting of June 27, 2023 was called to order at 7:30 pm by Chair Buchbinder, and the following proceedings were had to wit.

ROLL CALL

Members present:

Rob Eastwood, Director
Bill Seligmann, City Attorney
Daniel Fama, Senior Planner
Tracy Tam, Associate Planner
Ken Ramirez, Administrative Analyst
APPROVAL OF MINUTES

1. Approval of Minutes of June 13, 2023 (Roll Call Vote)  Meeting minutes approved by approved by Planning Commission. Commissioner Ostrowki Absent.

COMMUNICATIONS
Memo was received by the Department and distributed to the Planning Commission from the Attorney representing the applicant on Item 4.

Planning Commissioners Present:

Adam Buchbinder, Chair
Alan Zisser, Vice Chair
Davis Fields
Stuart Ching
Matt Kamkar
Michael Krey

Planning Commission Absent
Maggie Ostrowski

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3. PLN‐2022‐44 – 570 E. Hamilton Avenue
Public Hearing to consider the request of AU Energy LLC for property located at 570 E.

Hamilton Avenue 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; associated site, lighting, parking, refuse collection, and landscaping improvements; and removal of on‐site trees. The applications under consideration include a Conditional Use Permit with Site and Architectural Review and Tre e
Removal Permit. File No.: PLN‐2022‐44. Staff is recommending that this item be deemed Statutorily Exempt under CEQA. Planning Commission action is final unless appealed in

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writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Senior Planner
Recommended Action: Adopt a Resolution (reference Attachment 1), denying a Conditional Use Permit w/Site and Architectural Review and a Tree Removal Permit.

Senior Planner Fama presented staff report to consider the request of AU Energy LLC for property located at 570 E. Hamilton Avenue to allow reconstruction of a Shell gasoline service station.

Commissioners received clarification on the number of gateway projects in the pipeline for the city; th
at the recommendation would be the same even if there were EV charging stations; that feedback provided was not incorporated into project application; and that fundamentally the project is not consistent with the city’s General Plan. Commission was informed that denying the project would be done so with prejudice.

Zisser‐ what does it mean to deny with prejudice.

City atto
rney stated that any objections or appeal would be easily defensible as they would have no real solid ground in their appeal.

Applicant’s architect stated there were benefits via additional tax dollars for the city and improve traffic for the next 20 years. Stated that they did not get feedback from city staff.

Need better communication from the city.

Applicant spoke and stated that they own and operate gas service station chains throughout the state. Looks to build sites to be resilient over time. No one solution is paying the bills. Project will offer a blended solution. Stated that this is the only site in the network that needs to be updated, if they take the tanks out then the company will move on. Stated that convenience stores are visited
by a lot of residents and their employees will be there for
the next 20 years. They are only in the business of gas stations.

Commissioner received clarification and responses from applicant about their lease terms; the number of gas stations owned by the family; and the approximate dollar amount of tax received each year; and that the applicant did not really look at the General Plan from the City.

Commissioner discussed their perspectives on the project. Beli eve that Campbell has a
bright future and don’t see the gas station as a significant staple of Campbell’s future.

Commissioners noted that:
 application was inconsistent with the City’s General Plan.  gas service station does not serve Campbell residents but rather serves other commute
rs driving through Campbell and bringing congestion to an already busy intersection.
 application brings very little benefit to the residents of Campbell

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 property provides generational opportunity to reimagine the urban form of this critical entry into the city, a future in which a gasoline station has no place.  approving application guarantees that there will be a service station on the property site for the next 20 years, denying application provides other options in the future.

Commissioners in support of staff
recommendation to deny project with prejudice.

Motion: Upon motion by Commissioner Ching, seconded by Commissioner Fields the Planning Commission adopted Resolution No. 4683, denying with prejudice a Conditional Use Permit with Site and Architectural Review to allow reconstruction of a gasoline service station with an expanded convenience store including off‐site alcohol beverage sales, a drive‐through carwash, and 24‐hour operation hours

with associated site, lighting, parking, refuse collection, and landscaping improvements; and tree removal permit to allow removal of on‐site trees, for property located at 570 E. Hamilton Avenue (PLN‐2022‐44), by the following roll call vote.

AYES: Ching, Kamkar, Krey, Buchbinder, Zisser, Fields NOES:

None
ABSENT: Ostrowski
ABSTAIN: None
Chair closed paused public hearing for a 5 minute break for 5 minutes. Public Hearing resumed at 9:31pm

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CITY OF CAMPBELL
Community Development Department

Campbell Planning Division • 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected]

APPEALS

PLANNING APPLICATION FORM

This application form is intended to facilitate filing of an appeal of a decision of the Community Development Director or Planning Commission (decisio ns of the City Council are final and may not be appealed). Please note that appeals must be submitted in writing and filed with the Planning Division within 10 calendar days after the date of the decision. Time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed. If you need assistance, please contact the Planning Division at (408) 866-2140 or [email protected], or visit us at City Hall.

To file an appeal please submit this application form and a signed letter providing the following information in accordance with Campbell Municipal Code (CMC) Section 21.62.40.C:

APPEAL INFORMATION

Property Address: ____________________________________________________________________

Brief Description: ____________________________________________________________________ (e.g. Tree Removal Permit)

File Number(s): ____________________________________________ (please provide all that apply; e.g. PLN-2020-7)

APPELLANT INFORMATION
The following information will be used to contact you regarding the status of your appeal (e.g. hearing dates) and is considered public record.

Name: _________________________________

Email: ___________________________

Address: _______________________________

City: _____________________________

State/Zip: _______________________

Phone: (_____)_____-_______

Mobile: (_____)_____-_______

Other: (_____)_____-_______

FILING FEE
Payment of a $200 fee is required to file an appeal. Once your appeal request has been submitted to the Planning Division, you will be provided with an invoice that must be paid before your request will be accepted. Payment must be made before the conclusion of the 10-day appeal period . Please note that the City charges a 3.36% processing fee for all credit card transitions and a 1% processing fe e for all ACH (electronic check) transactions. Cash or check payments may be made at the City Finance Department at no additional cost.

REQUIRED STATEMENT AND EVIDENCE
A statement specifying the basis for the appeal and the specific aspect of the decision being appealed; Identify error(s) in fact, dispute(s) of findings, or inadequacy of condition(s) to mitigate potential project impact(s ); and
Include supporting evidence substantiating the basis for the appeal. 570 E. Hamilton Ave., Campbell, CA
Appeal Resolution No. 4683
PLN-2022-4
Mr. Sunny Goyal [email protected]
41805 Fremont 94538
650 799 2949

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Attachment: Appeal Letter (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

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Attachment: Streetscape Drawing (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

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Attachment: Color and Material Sheet (PLN-2022-44 ~ 570 E. Hamilton Avenue.) City
Council
Report
TITLE: 2023 Oktoberfest Special Event Permit and Fee Waiver Request (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution approving the Campbell Chamber of Commerce’s application for a Downtown Special Event Permit for their 2023 Oktoberfest event; and, consider a resolution approving the Campbell Chamber of Commerce’s request to approve a fee waiver with a not to exceed permit fee of $35,000.

BACKGROUND
Request for Downtown Special Event Permit
On June 9th, 2023, the Campbell Chamber of Commerce (Chamber) submitted to the City of Campbell (City) an application for a Downtown Special Event Permit that would allow the Chamber to hold its 2023 Oktoberfest in downtown Campbell on Saturday October 21, 2023, from 10:00 a.m. to 6:00 p.m., and on Sunday October 22, 2023, from 10:00 a.m. to 5:00 p.m. The estimated attendance for the event was listed as approximately 50,000.

The Chamber has successfully held the ir Oktoberfest event in downtown Campbell for the past 27 years. This event is a highly popular and family -oriented festival that emphasizes German food, music, arts and crafts, a kid zone, and beer and wine. It is held along Campbell Avenue, between Railway Avenue and Third Street , and utilizes the cross streets between Civic Center and Orchard City Drive. The closure of these streets typically begins at 10:00 p.m., the Friday before the start of the event and ends at 10:00 p.m. Sunday, the last day of the event.

In accordance with the City’s Downtown Special Event Policy, all events that require downtown street closures, have a significant impact on public facilities, or require a significant amount of City staff support are considere d Special Events. Special Events held on public property in the Downtown (Campbell Avenue within the loop streets) are to be coordinated by the City of Campbell 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, the Campbell Municipal Code, Item: 13
Category: NEW BUSINESS
Meeting Date: October 3, 2023
13 Packet Pg. 138
2023 Oktoberfest Special Event Permit and Fee Waiver Request Page 2 of 4 Section 5.50.020, requires any person holdin g, conducting, or carrying on any Special Event in the City to obtain a permit to do so from the City Council.

Request for Downtown Special Event Fee Waiver
The Chamber is also requesting the City grant a fee waiver for the permit required for the Oktoberfest and reduce the permit fees the City charges to cover the City’s cost of having the event occur in the public right of way in Downtown Campbell. Specifically, the Chamber is requesting the permit fees charged to the Chamber not exceed $35,000.

The total City cost for the Oktoberfest event is estimated at approximately $65,000 (including application processing fees, fees for Public Works personnel to prepare the public right of way for the event, and fees for Police Department sworn personnel to staff the event). The City’s Downtown Special Event Fee Waiver Policy allows for a waiver of 25% of permitting fees and allows for a waiver of 25% of staffing fees if the applicant, in addition to other set forth conditions, does the following:
• Provides “an itemized financial statement showing direct costs for event expenses and revenue for which the fee waiver is requested, and a profit or loss sheet for the previous operating year, comparing the projected budget with the actual budget showing the net profit or loss…”
• Has a “proposed budget on file, which projects a break -even or profitable event, when calculated using the fee waiver requested…”
• Provides documentation that the event will “generate less than $100,000 in net revenue (based on financial statements from the prior year’s event)…” and • Has “no outstanding debts payable to the City of Campbell...” In August and September 2023, the City Manager’s Office met with the Chamber to discuss the Chamber’s fee waiver request for the Oktoberfest and to rev iew the Chamber’s financial information in support of their request.

DISCUSSION
Downtown Special Event Permit
Staff recommends approving the issuance of a Downtown Special Event Permit to the Chamber for their Oktoberfest event because t he Chamber’s O ktoberfest meets the following factors for granting a Downtown Special Event Permit:
• 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;
• Sufficient Police service can be provided to assure proper traffic control, security, and the orderly conduct of the special event;
13 Packet Pg. 139
2023 Oktoberfest Special Event Permit and Fee Waiver Request Page 3 of 4 • The streets and roads over which the Special Event will be conducted are sufficient size and construction to safely ac commodate 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 this Special Event will not create an undue strain on public resources.

In addition, a s indicated, the Chamber has successfully held their Oktoberfest event in the downtown for the last 27 years . Moreover, this event is a highly popular and family - oriented festival that draws business into the downtown area.

Downtown Special Event Fee Waiver
Regarding the request for a fee waiver for the upcoming Oktoberfest event, the Chamber has shared the following with City staff:
• Profit and loss information for the previous year’s event; • Information supporting projected costs for event expenses and event revenue for which the fee waiver is being requested;
• Information supporting that the event will generate less than $100,000 in net revenue; and
• Information confirming the Chamber ha s no outstanding debts with the City of Campbell.

Based on the information the Chamber provided, the Chamber has me t the requirements to support a waiver of 25% of the Downtown Special Event Permit fees due for the permit to issue for its 2023 Oktoberfest event.

The total City cost for this year’s upcoming Oktoberfest event is estimated at $65,000 (which includes pe rmitting fees and staffing fees). A standard fee waiver of 25% would result in a reduction of an estimated $16,250 in permit fees for the Chamber. A fee waiver with a not to exceed permit fee of $35,000 would result in a reduction of an estimated $30,000 in permitting fees for the Chamber and a loss to the City of that same amount . The City’s Downtown Special Event Fee Waiver Policy does not contemplate a waiver in excess of 25% of the permit fees and the Council would need to take action outside of the policy to approve this request.

FISCAL IMPACT
The total City cost for this year’s upcoming Oktoberfest event is estimated at $65,000. A standard fee waiver of 25% would result in a loss to the City of an estimated $16,250. A 13 Packet Pg. 140
2023 Oktoberfest Special Event Permit and Fee Waiver Request Page 4 of 4 fee waiver with a not to exceed fee charge of $35,000 would result in a loss to the City of an estimated $30,000.

ALTERNATIVES

1. Do not approve the not to exceed fee waiver requested by the Chamber.

2. Approve only a 25% fee waiver for the Boogie event.

3. Provide other direction to staff.

Prepared by:

Angelique Gaeta, Assistant City Manager
Reviewed by:

Gary Berg, Police Chief
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution for Oktoberfest 2023 Special Event Permit b. Resolution Authorizing Fee Waiver With A Not To Exceed Permit Fee Amount_09.27.23 c. Downtown Special Event Free Waiver Policy
d. Oktoberfest 2023 Application
13 Packet Pg. 141
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE ISSUANCE OF A DOWNTOWN SPECIAL EVENT

PERMIT TO THE CAMPBELL CHAMBER OF COMMERCE

WHEREAS, in June 2023, the Campbell Chamber of Commerce (Chamber) applied to the City of Campbell (City) for a Downtown Special Event Permit (Permit) that would allow the Chamber to hold its Oktoberfest in Downtown Campbell from Saturday October 21, 2023, through Sunday October 22, 2023 ; and

WHEREAS, the City Council determined th at based on the in formation the Chamber provided , the Chamber had met all the requirements to support the issuance of a Downtown Special Event Permit; and

NOW, THEREFO RE, BE IT RESOLVED that the City Council of the City of Campbell does hereby authorize the issuance of a Downt own Special Event Permit for the Chamber’s 2023 Oktoberfest, subject to all applicable City policies and procedures and any additional conditions set forth by the C ity related to the event.

PASSED AND ADOPTED this day of October, 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 for Oktoberfest 2023 Special Event Permit (2023 Oktoberfest Special Event Permit and Fee Waiver Request) RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL GRANTING THE CAMPBELL CHAMBER OF COMMERCE’S REQUEST FOR

A FEE WAIVER WITH THE CITY CHARGING THE CAMPBELL CHAMBER OF COMMERCE NO MORE THAN $35,000 IN PERMIT FEES

WHEREAS, t he Chamber also request ed the City grant a fee waiver for the Permit fees charged by the City such that the total permit fees not exceed $35,000; and

WHEREAS, on October 3, 2023, the City Council determined that based o n the information the Chamber provided, the Chamber had met all the requirements to support the issuance of a Downtown Special Event Permit and thereafter did authorize the issuance of a Downtown Special Event Permit; and

WHEREAS, the City Council also determined that based on th e information the Chamber provided, the Chamber was eligible for a fee waiver for permit fees due to the City; and

WHEREAS, the City Council determined that it would be reasonable to grant the Chamber’s request that the permit fee charged to the Chamber for the Downtown Special Event Permit not exceed $35,000;

NOW, THEREFO RE, BE IT RESOLVED that the City Council of the City of Campbell does hereby grant the Chamber’s request for a fee waiver with the City charging no more than $35,000 for the Chamber ’s Downtown Special Event Permit related to the Chamber’s 2023 Oktoberfest.

PASSED AND ADOPTED this day of October, 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 Authorizing Fee Waiver With A Not To Exceed Permit Fee Amount_09.27.23 (2023 Oktoberfest Special Event Permit and

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Attachment: Downtown Special Event Free Waiver Policy (2023 Oktoberfest Special Event Permit and Fee Waiver Request)

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Attachment: Downtown Special Event Free Waiver Policy (2023 Oktoberfest Special Event Permit and Fee Waiver Request)

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Attachment: Downtown Special Event Free Waiver Policy (2023 Oktoberfest Special Event Permit and Fee Waiver Request)

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Attachment: Downtown Special Event Free Waiver Policy (2023 Oktoberfest Special Event Permit and Fee Waiver Request)

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Attachment: Oktoberfest 2023 Application (2023 Oktoberfest Special Event Permit and Fee Waiver Request)

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Attachment: Oktoberfest 2023 Application (2023 Oktoberfest Special Event Permit and Fee Waiver Request)

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Attachment: Oktoberfest 2023 Application (2023 Oktoberfest Special Event Permit and Fee Waiver Request)

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Attachment: Oktoberfest 2023 Application (2023 Oktoberfest Special Event Permit and Fee Waiver Request)

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Attachment: Oktoberfest 2023 Application (2023 Oktoberfest Special Event Permit and Fee Waiver Request)

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Attachment: Oktoberfest 2023 Application (2023 Oktoberfest Special Event Permit and Fee Waiver Request) City
Council
Report
TITLE: Water Tower Lighting Policy Updates (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a Resolution updating the Water Tower Lighting Policy to add Indigenous Peoples' Day to the same day the City lights the Water Tower to recognize the Columbus Day Holiday; and, provide direction to staff regarding the color theme in observance of both.

BACKGROUND
The Campbell Water Tower Lighting Pol icy, Council Policy 1.29, establishes protocols for themed lighting of the Campbell Water Tower (Water Tower) that address the following situations:
a) Responsibility
b) National holidays and events recognized by the City
c) Third party requests
d) Special events and other displays of recognition
The lighting of the Water Tower, in turn, helps the City of Campbell (City) raise awareness of national holidays and special events, and fosters a stronger sense of community for Campbell residents.

Specifically, t he policy provides that the Water Tower “may be illuminated for federal holidays and events recognized by the City as determined by the City Council.” The policy also lists the federal holidays, annual events , and color themes currently recognized by the City which “serves as a standing list that can be amended by the City Council as needed.”
The policy was amended on August 2, 2016, to include Peace Officer Memorial Day; on February 18, 2020, to include Pride Month; and on September 6, 2022, to change the 9/11 co lor theme lights , and to add the anniversary of the City’s incorporation to the annual lighting schedule.

In the last year, the City has received community feedback that the Water Tower should be lit on the same day as Columbus Day, in recognition of Indi genous Peoples’ Day.

The Policy currently lists Columbus Day as a “Federal Holiday” and provides for the Item: 14
Category: NEW BUSINESS
Meeting Date: October 3, 2023
14 Packet Pg. 154
Water Tower Lighting Policy Updates Page 2 of 3
lighting of the Water Tower in the colors “Red, White & Blue .” The Water Tower is also illuminated red, white, and blue for the following events:
• Martin Luther King, Jr. Day
• Valentine’s Day & Fun Run
• Presidents’ Day
• Memorial Day
• Independence Day
• Labor Day, and
• Veteran’s Day.

DISCUSSION
Since 2021, the second Monday in October has been federally recognized as “Indigenous Peoples’ Day,” alongside Columbus Day, a federally recognized holiday.

On October 8, 2021, President Biden signed the first proclamation recognizing Native American history and culture and declar ed October 11, 2021 as Indigenous Peoples’ Day. The President then called upon the U nited States to “observe this day with appropriate ceremonies and activities” and directed that “the flag of the United States be displayed on all public buildings on the appointed day in honor of our diverse history and the Indigenous peoples who contribute to shaping this Nation.” On October 7, 2022, President Biden again signed a proclamation recogniz ing Native American history and culture ; this time, declaring October 10, 2022, as Indigenous Peoples’ Day. The President went on to call upon the Unite d States to honor “the sovereignty, resilience, and immense contributions that Native Americans have made to the world…”
In light of the requests from the community and our Country’s recognition of Native American history and culture, staff recommends ad ding “Indigenous Peoples’ Day” to the same day Columbus Day is recognized and the Water Tower is illuminated.

Separately, staff seeks direction from the City Council on the color(s) to illuminate the Water Tower should the Council vote to add Indigenous P eoples’ Day to the Water Tower lighting schedule on the same day it is lit in observance of Columbus Day.

FISCAL IMPACT
There is no fiscal impact to the City as a result of the adoption of the recommended action. The Water Tower is already lit on th e second Monday in October in honor of Columbus Day, a federal holiday.

ALTERNATIVES

1. Not adopt the resolution.

2. Adopt a resolution approving the lighting of the Water Tower in honor of 14 Packet Pg. 155
Water Tower Lighting Policy Updates Page 3 of 3
Indigenous Peoples’ Day on a day other than the Columbus Day holiday.

Prepared by:

Angelique Gaeta, Assistant City Manager
14 Packet Pg. 156
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution for Water Tower Lighting Policy Update - Indigenous Peoples Day_ag b. Water Tower Lighting Policy - Council Policy 1.29 - 09.06.22 -FINAL APPROVED BY

COUNCIL

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING UPDATES TO THE WATER TOWER LIGHTING POLICY TO ADD INDIGENOUS PEOPLES’ DAY TO THE SAME DAY AS THE COLUMBUS DAY

HOLIDAY AND DIRECTING STAFF ON THE COLOR THEME FOR BOTH WHEREAS, the lighting of the City of Campbell’s Water Tower helps the City of Campbell raise awareness of national holidays and special events, and fosters a stronger sense of community for Campbell residents; and
WHEREAS, the Water Tower Lighting p olicy provides that the Water Tower “may be illuminated for federal holidays and events recognized by the City as determined by the City Council”; and
WHEREAS, the policy also lists the federal holidays, annual events and color t hemes currently recognized by the City , which “ …can be amended by the City Council as needed”; and
WHEREAS, since 2021, the second Monday in October has been federally recognized as “Indigenous Peoples’ Day” alongside Columbus Day, which has historically been observed on the same day; and
WHEREAS, on October 8, 2021, President Biden signed the first proclamation recognizing Native American history and culture and declared October 11, 2021 as Indigenous Peoples’ Day; and
WHEREAS, on October 7, 2022, Pres ident Biden again signed a proclamation recognizing Native American history and culture; this time, declaring October 10, 2022, as Indigenous Peoples’ Day to honor “the sovereignty, resilience, and immense contributions that Native Americans have made to the world…”; and WHEREAS, adding Indigenous Peoples’ Day to the Water Tower Lighting policy and to the lighting schedule on the same day as Columbus Day is an appropriate way for the City of Campbell to recognize the Country’s Native American history and culture; and WHEREAS, staff is seeking direction on the color theme to illuminate the Water Tower in observance of both Indigenous Peoples’ Day and Columbus Day, given that the lighting for both will occur on the same day;
NOW, THEREFORE, BE IT RESOLVED that the City Council o f the City of Campbell does hereby direct staff to update City Council Policy 1.29 to add Indigenous Peoples’ Day to the same day as Columbus Day for recognition; and, to provide for the color theme of in observance of both.

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Attachment: Resolution for Water Tower Lighting Policy Update - Indigenous Peoples Day_ag (Water Tower Lighting Policy Updates) PASSED AND ADOPTED this ____ day of October 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 for Water Tower Lighting Policy Update - Indigenous Peoples Day_ag (Water Tower Lighting Policy Updates) ____________________________________________________________________________________ -1-
Water Tower Lighting Polic y
9-6-2022
C
ouncil 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) R
esponsibility
b) Nationa l holidays and events recognized by the City c) Third party requests
d) Special events and other displays of recognition
R
esponsibility:

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.

D
ates and Duration of Illumination:

The Water Tower may be illuminated for federal holiday s an d 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 - Council Policy 1.29 - 09.06.22 -FINAL APPROVED BY COUNCIL (Water Tower Lighting Policy

____________________________________________________________________________________ -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 - Council Policy 1.29 - 09.06.22 -FINAL APPROVED BY COUNCIL (Water Tower Lighting Policy City
Council
Report
TITLE: Legislative Advocacy Principles Update

RECOMMENDED ACTION
Approval of Updates to the Legislative Advocacy Principles Policy as recommended by the Legislative Subcommittee.

BACKGROUND
The Legislative Subcommittee (Subcommittee) is a standing City Council Subcommittee that reviews pending legislation to determine whether it might potentially have an impact on the City of Campbell (City). In July 2020, t he City Council adopted a Legislative Advocacy Principles policy (Policy) to establish a process which would authorize the Subcommittee to take a position on pending legislation on behalf of the City.

Specifically, the Policy requires that at the beginnin g of each calendar year, the Mayor will appoint two City Councilmembers to serve on the Subcommittee and review pending Senate and Assembly legislation to determine if any of the bills could:
• Directly impact the City’s finances, responsibilities, legal authority, public safety or operations;
• Increase or decrease local revenues;
• Protect or reduce local control;
• Be consistent with existing City policy or current City Council strategic priorities; or
• Create an unfunded mandate.

In calendar year 2022, on beha lf of the City, the Subcommittee concluded that several pending bills could potentially impact the City and submitted position statements on each bill to the state Senate and Assembly. Then, on December 6, 2022, after months of discussing how the City cou ld more efficiently and timely work internally and with its partners to provide critical feedback to legislators, the Subcommittee brought an updated Policy to the City Council for approval. Recommended updates to the Policy included the following:

Membership
Item: 15
Category: UNFINISHED BUSINESS
Meeting Date: October 3, 2023
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Legislative Advocacy Principles Policy Update Page 2 of 7 To address instances where urgent action was needed and a Subcommittee member was not available to vote for a position statement on a particular bill, the Subcommittee recommended the Policy be updated to require three City Councilmembers be appointed as members of the Subcommittee, two to serve regularly on the Subcommittee and one to serve as an alternate. The Subcommittee also recommended that one of the members of the Subcommittee serve as “chair” and be available to sign position statements if the Mayor was not available to do so.

Meeting Times
The Subcommittee also recommended the Policy be updated to reflect the accurate state legislative calendar year of January through September, versus what was reflected in the Policy - January through August.

Policy Scope
To address the desire to work effectively with other cities in the region, the Subcommittee recommended that the Policy include a list of legislative priorities aligned with the Legislative Priorities adopted by the Cities Association o f Santa Clara County (CASCC), including:
• General Administration;
• Municipal Revenue;
• Land Use (Housing);
• Public Works;
• Environment;
• Economic Development;
• Library Services;
• Education; or
• Human Rights.

Subcommittee Objectives
To ensure the full City Counci l was timely briefed on the positions the Subcommittee took on behalf of the City, the Subcommittee recommended that the Policy be updated to require that any position statement issued by the Subcommittee be shared at the City Council meetings and on the City’s website.

Process
To further address timeliness in submitting position statements to the legislature, the Subcommittee recommended more robust language be included in the process that the Subcommittee and City staff would follow.

Recusal & Membership In Other Associations
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Legislative Advocacy Principles Policy Update Page 3 of 7 Finally, the Subcommittee recommended the Policy include language to address instances when a Subcommittee member’s participation on other committees and/or associations could potentially conflict with the goals of the Subcommittee.

City Council Discussion & Direction
Following the City staff’s presentation, several City Councilmembers raised concerns that including “Legislative Principles” that aligned with the CASCC made the policy more restrictive. In addition, some City Cou ncilmembers objected to adding an alternate member to the Subcommittee and went on to express concern with having a chair, and giving the chair the ability to sign off on position statements on behalf of the City when the Mayor was not available. Some Cit y Councilmembers felt that if any Subcommittee member was unable to vote, the pending legislation should be brought before the full City Council for discussion. Other City Councilmembers also noted that there was a true need for the Subcommittee to act qu ickly if an urgent request for a position statement on a particular bill came from our regional, state, or local partners. In the end, the City Council directed City staff to return with modified updates to the Policy based on the City Council feedback.

In calendar year 2023, City staff and the new Subcommittee members worked together to address the comments the City Council raised in December 2022; and, in August 2023, the Subcommittee voted to return to the City Council with recommendations for modified updates to the Policy. Those recommended updates are shown in a red -lined version of the Policy (Attachment A) and more fully described below.

DISCUSSION
On August 21, 2023, the new Subcommittee voted to recommend to the City Council the approval of the following updates to the Policy.

Membership
To address the need for the City to work more efficiently to timely get position statements to the legislature, the Subcommittee is recommending that when a member of the Subcommittee is not able to vote on a position related to a particular bill, the bill should go to the full City Council for consideration. The Subcommittee agrees with the City Council’s feedback from December 2022 and does not recommend adding an alternate/third member to the Subcommittee. (See Attachment A, Section VI.a.) In addition, to ensure the City works more effectively with its regional, state, and local partners, the Subcommittee is recommending that the Policy be updated to provide that members of the Subcommittee be chosen based on their ability to:
“provide continuity of representation across non -City local and regional boards and committees…”
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Legislative Advocacy Principles Policy Update Page 4 of 7 The Subcommittee is further recommending that the Mayor serve as one of the two required members of the Subcommittee; and, that one of the two required members of the Subcommittee also “serve on a local or regional board or committee supporting legislative advocacy, including, but not limited to, and by way of example only:

• The Cities Association of Santa Clara County;
• The Bay Area Air Quality Management District; or
• The Association of Bay Area Governments.”

(See Attachment A, Section II.a.-b.)

The new Subcommittee agrees with the City Council’s December 2022 feedback and does not recommend including legislative principles that align with the CASCC.

Meeting Times

The Subcommittee is continuing the recommendation brought forward in December 2022 that the Policy be updated to correctly reflect the active legislative year as January through September, as opposed to January through August. (See Attachment A, Section II.c.)

Policy Scope

As indicated above, the Subcommittee is not recommending a list of legislative priorities aligned with those of the CASCC be included in the Policy.

Subcommittee Objectives

The Subcommittee is a lso in agreement with the 2022 Subcommittee that any position statement issued by the Subcommittee on behalf of the City be timely shared at City Council meetings and on the City’s website. (See Attachment A, Section IV.g.)

Process

The Subcommittee also agrees that more robust language should be included in the Policy to ensure position statements timely reach senators, assemblymembers, and committee chairs. As such, the process in the Policy has been enhanced to require as follows:

a. At the first mee ting of the calendar year, the Subcommittee may review the Guiding Principles and decide, by consensus, to do any of the following:

1. Recommend to the City Council that changes be made to the Guiding Principles; or

2. Direct staff to track specific bills related to any of the Guiding Principles

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Legislative Advocacy Principles Policy Update Page 5 of 7 b. By the second meeting of the calendar year, staff will provide a matrix of pending bills that meet the Guiding Principles. This matrix shall include the bill number, the author(s) of the bill, a summary of what the bill proposes to do, and the League’s position on the bill. Staff will continue to update the matrix as appropriate for the Subcommittee consideration and action. c. The Subcommittee shall meet and discuss the bills included in the matrix and, upon consensus, may:

1. Direct staff to develop a position statement either opposing or supporting a specific bill (with or without amendments); or

2. Adopt a position statement authored by another public agency or an association that collaborates across local governments, i.e., Cities Association of Santa Clara County (CASCC) or the Association of Bay Area Governments (ABAG)
d. Staff will prepare the position statement, as directed, which shall outline the City’s position and shall identify the potential impacts the legislation wil l have to the City.
e. Once prepared, the Mayor shall sign the position statement on behalf of the City. f. Once signed, the position statement shall be submitted by staff via the established process of the federal, state, or regional body that is receiving th e position statement. Additionally, members of the City Council shall receive a copy of the position statement and a copy shall be posted to the City’s website. g. City staff will inform the City Council on the status of pending bills by way of an Information Memorandum at least twice during the legislative calendar year. h. At the conclusion of the legislative calendar year, staff will inform the City Council of any legislation that was signed into law and will impact City operations. (See Attachment A, Section V.)
Recusal & Membership In Other Associations
Finally, the Subcommittee agrees with the 2022 Subcommittee that language should be included to address recusal and membership in other associations. As such, after removing the language previously recom mended regarding an alternate Subcommittee member, and the CASCC’s Legislative Priorities, the Subcommittee is recommending the following:
a. When a Subcommittee member recuses themselves from discussing or acting on a pending bill, the remaining Subcommitte e member may request that the City Manager schedule the bill to be considered by the City Council. 15 Packet Pg. 165
Legislative Advocacy Principles Policy Update Page 6 of 7 b. It is anticipated that the City’s representative on other local or regional boards or committees will vote as a member of those respective boards and commit tees on legislation brought before them. The City’s representative on those boards and committees is authorized to vote on legislation brought before them if it meets the Guiding Principles outlined in this policy, even if the Subcommittee has yet to act on the legislation.
(See Attachment A, Section VI.)
The Subcommittee is recommending the above updates to help staff achieve the City’s objectives of actively advocating, protecting, and advancing the City’s interests as new legislation is developed at various levels of government. The updates also recognize the importance of being able to act quickly to address areas of urgent concern which may arise without much notice during the legislative process. Accordingly, staff recommends the City Council approve the recommended updates to the Policy.

FISCAL IMPACT
There is no fiscal impact related to the adoption of the updated Policy. Implementation of any additional processes recommended by the Subcommittee will be absorbed by the responsibilities of the City Manager’s Office.

ALTERNATIVES

1. Adopt the updates to the Policy.

2. Provide alternate language to include in the Policy.

3. Do not adopt the updated Policy and provide other direction.

Prepared by:

Angelique Gaeta, Assistant City Manager
Approved by:

Brian Loventhal, City Manager
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Legislative Advocacy Principles Policy Update Page 7 of 7 Attachment:
a. Updated Redlined Legislative Advocacy Principles Policy_July 31 15 Packet Pg. 167

15.a
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Attachment: Updated Redlined Legislative Advocacy Principles Policy_July 31 (Legislative Advocacy Principles Policy Update)

15.a
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Attachment: Updated Redlined Legislative Advocacy Principles Policy_July 31 (Legislative Advocacy Principles Policy Update)

15.a
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Attachment: Updated Redlined Legislative Advocacy Principles Policy_July 31 (Legislative Advocacy Principles Policy Update)

15.a
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Attachment: Updated Redlined Legislative Advocacy Principles Policy_July 31 (Legislative Advocacy Principles Policy Update)

City
Council
Report

TITLE: Council Committee Reports

RECOMMENDED ACTION

That the City Council report on activities from their committee assignments.

DISCUSSION
This is the section of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Subcommittees.

MAYOR BYBEE
Cities Association of Santa Clara County:

Board Representative
Legislative Action Committee and City Selection Committee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Finance Subcommittee
Friends of the Heritage Theater Liaison
Legislative Subcommittee
Silicon Valley Animal Control Authority Board (SVACA)
West Valley Mayors and Managers

VICE MAYOR LANDRY
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Education Subcommittee
Economic Development Subcommittee
Santa Clara Valley Water District County Water Commission Santa Clara County Library District JPA Board of Directors

West Valley Clean Water JPA (Alt.)
West Valley Solid Waste Authority JPA (Alt.)
West Valley Mayors and Managers (Alt.)

Item: 16
Category: COUNCIL COMMITTEE

REPORTS
Meeting Date: October 3, 2023
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Council Committee Reports Page 2 of 3

COUNCILMEMBER FURTADO
Advisory Commissioner Appointment Interview Committee
DCBA Liaison
Emergency Operational Area Council (EOAC)
Santa Clara County Emergency Operational Council (EOAC)** Silicon Valley Regional Interoperability Authority (SVRIA) West Valley Clean Water JPA
West Valley Sanitation District
West Valley Solid Waste Authority JPA
Association of Bay Area Governments (Alt.)
Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.) COUNCILMEMBER LOPEZ:

Association of Bay Area Governments
Bay Area Quality Management District Board of Directors** Economic Development Subcommittee
Finance Subcommittee
League of Cities Peninsula Division Executive Committee** Legislative Subcommittee
Santa Clara County Housing and Community Development Advisory Committee Silicon Valley Clean Energy Finance and Audit Committee Valley Transportation Authority Board of Directors**
Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) Cities Association of Santa Clara County:

Board Representative (Alt.)
Legislative Action Committee and City Selection Committee (Alt.) Friends of the Heritage Theater Liaison (Alt.)
Santa Clara Valley Water District: County Water Commission (Alt.) Silicon Valley Clean Energy JPA Board of Directors (Alt.) West Valley Sanitation District (Alt.)

COUNCILMEMBER SCOZZOLA
Campbell Historical Museum & Ainsley House Foundation Liaison Education Subcommittee
Silicon Valley Clean Energy JPA Board of Directors
Valley Transportation Authority Policy Advisory Board
DCBA Liaison (Alt.)
Santa Clara County Housing and Community Development Advisory Committee (Alt.) Santa Clara County Library District JPA Board of Directors (Alt.) **appointed by other agencies
16 Packet Pg. 173
Council Committee Reports Page 3 of 3
Prepared by:

Kristen Epolite, Deputy City Clerk
16 Packet Pg. 174

Campbell City CouncilOctober 3, 2023

Campbell City Council
October 3, 2023