Agenda — Campbell City Council, March 5, 2024 (part 4 of 5)

Attached data also includes a description of changes to the Contract Documents that the proposed substitution will require for its proper installation.

The undersigned certifies that the following paragraphs are correct: (CIRCLE either yes or no; if no, submit separate letter stating in detail deviations from the following paragraphs.

1. Yes No The proposed substitution do es not affect dimensions shown on Drawings.

2. Yes No The undersigned will pay for changes to the building design, including engineering design, detailing, and construction costs caused by the requested substitution.

3. Yes No The proposed substitution will have no adverse affect on other portions of the Work, the construction schedule or specified warranty requirements.

The undersigned further states that the function, appearance, and quality of the proposed substitution are equivalent or superior to the specified item.

Submitted by General Contractor

Signature ____________________________ For use by the Architect/Engineer Firm ____________________________ [ ] Approved [ ] Approved as noted Address ____________________________ [ ] Not
Approved
[ ] Received too late
____________________________ By _______________________________ Date ____________________________ Date _______________________________ Telephone ____________________________ Charges for Review & Evaluation: ________

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Project # ____________
SUBSTITUTION REQUEST – ADDITIONAL INFORMATION

Page 3 ends

Please include the following information attached to the request for substitution.

1. An explanation of the advantages to the City for accepting the substitution.

2. A comparison of significant qualities of the proposed substitution with those specified.

3. A list of changes or modifications needed to other parts of the work and to construction performed by the City and separate Contractors that will be necessary to accommodate the proposed substitution.

4. A statement indicating the substitution’s effect on the Construction Schedule compared to the Construction Schedule without acceptance of the substitution. Indicate the effect of the proposed substitution on overall contract time.

5. Cost information, including a proposal of the net change, if any, in the Contract Sum.

6. Certification that the substitution is equal to or better in every respect to that required by Contract Documents, and that it will perform adequately in application indicated. Include Contractor’s waiver of rights to additional payment or time extensions that may be necessary because of the substitution’s failure to perform adequately.

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Appendix B:

Construction Workday Calendar

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CONSTRUCTION WORKDAY CALENDAR
2024 - 5 Day

JANUARY JULY

SUN MON TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT 683 684 685 686 807 808 809 810
1 2 3 4 5 6 1 2 3 4 5 6
687 688 689 690 691 811 812 813 814 815
7 8 9 10 11 12 13 7 8 9 10 11 12 13
692 693 694 695 816 817 818 819 820
14 15 16 17 18 19 20 14 15 16 17 18 19 20
696 697 698 699 700 821 822 823 824 825
21 22 23 24 25 26 27 21 22 23 24 25 26 27
701 702 703 826 827 828
28 29 30 31 28 29 30 31

FEBRUARY AUGUST
704 705 829 830
1 2 3 1 2 3
706 707 708 709 710 831 832 833 834 835
4 5 6 7 8 9 10 4 5 6 7 8 9 10
711 712 713 714 836 837 838 839 840
11 12 13 14 15 16 17 11 12 13 14 15 16 17
715 716 717 718 841 842 843 844 845
18 19 20 21 22 23 24 18 19 20 21 22 23 24
719 720 721 722 846 847 848 849 850
25 26 27 28 29 25 26 27 28 29 30 31

MARCH SEPTEMBER
723 851 852 853 854
1 2 1 2 3 4 5 6 7
724 725 726 727 728 855 856 857 858 859
3 4 5 6 7 8 9 8 9 10 11 12 13 14
729 730 731 732 733 860 861 862 863 864
10 11 12 13 14 15 16 15 16 17 18 19 20 21
734 735 736 737 738 865 866 867 868 869
17 18 19 20 21 22 23 22 23 24 25 26 27 28
739 740 741 742 743 870
24 25 26 27 28 29 30 29 30
31 APRIL OCTOBER
744 745 746 747 871 872 873 874
1 2 3 4 5 6 1 2 3 4 5
748 749 750 751 752 875 876 877 878 879
7 8 9 10 11 12 13 6 7 8 9 10 11 12
753 754 755 756 757 880 881 882 883
14 15 16 17 18 19 20 13 14 15 16 17 18 19
758 759 760 761 762 884 885 886 887 888
21 22 23 24 25 26 27 20 21 22 23 24 25 26
763 764 889 890 891 892
28 29 30 27 28 29 30 31

MAY NOVEMBER
765 766 767 893
1 2 3 4 1 2
768 769 770 771 772 894 895 896 897 898
5 6 7 8 9 10 11 3 4 5 6 7 8 9
773 774 775 776 777 899 900 901 902
12 13 14 15 16 17 18 10 11 12 13 14 15 16
778 779 780 781 782 903 904 905 906 907
19 20 21 22 23 24 25 17 18 19 20 21 22 23
783 784 785 786 908 909 910
26 27 28 29 30 31 24 25 26 27 28 29 30

JUNE DECEMBER
911 912 913 914 915
1 1 2 3 4 5 6 7
787 788 789 790 791 916 917 918 919 920
2 3 4 5 6 7 8 8 9 10 11 12 13 14
792 793 794 795 796 921 922 923 924 925
9 10 11 12 13 14 15 15 16 17 18 19 20 21
797 798 799 800 801 926 927 928 929
16 17 18 19 20 21 22 22 23 24 25 26 27 28
802 803 804 805 806 930 931
23 24 25 26 27 28 29 29 30 31
30 249 Working Days Prepared 10-17

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Appendix C:

Best Management Practices for the Construction Industry

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24

Appendix D:

City’s Storm Water Pollution Control Requirements

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for Chapter 14.02 - STORMWATER POLLUTION CONTROL
Sections:

14.02.010 - Purpose.
(a) The U.S. Environmental Protection Agency has identified urban stormwater runoff as the leading cause of water pollution in the United States. Furthermore, both federal and state agencies have identified stormwater runoff from the city as a major source of pollution adversely impacting the beneficial uses of the South San Francisco Bay. As a result, the California Regional Water Quality Control Board, San Francisco Bay Regio n, has issued a National Pollutant Discharge Elimination System ("NPDES") permit requiring the city to establish legal authorities sufficient to protect its municipal storm drain system from certain prohibited discharges. The city is also required to implement a stormwater management program to assure that stormwater runoff from the city does not cause or contribute to a violation of the water quality standards of South San Francisco Bay. (b) The purpose of this chapter is therefore to provide minimum requirements designed to control the discharge of pollutants into the city municipal storm drain system and to assure that discharges from the city municipal storm drain system comply with applicable provisions of the Federal Clean Water Act and the current N ational Pollutant Discharge Elimination System Permit No. CA0029718 including amendments and California Regional Water Quality Control Board approvals. Enactment of this chapter falls within the scope of the city police power to protect the health, safety and welfare of its residents. Nothing in this chapter is intended to preclude more stringent federal or state regulation or any activity covered by this chapter.
(Ord. 2046 § 1(part), 2004; Ord. 1869 § 1(Exh. A)(part), 1993).

14.02.020 - Definitions.

The following words and phrases, when used in this chapter, shall be as defined in this section.

Words and phrases used in this chapter and not otherwise defined shall be as defined in the regulations promulgated by the U.S. Environmental Protection Agency to implement the requirements of the Federal Clean Water Act, or as defined by the State Water Resources Control Board to implement the California Water Code:
"Applicable materials" mean all materials used in industrial or commercial establishments that ar e stored outdoors, that may be exposed to stormwater, and that have the reasonable potential to degrade the quality of runoff from the site. These include, but are not limited to, all materials containing cadmium, chromium, copper, lead, mercury, nickel, selenium, silver and zinc, which are pollutants that have specifically been identified as known to contribute to impairment of applicable water quality standards. "Deemed complete" means that a project applicant has submitted a development application package for discretionary approval that is determined to be a complete and acceptable application by the community development director. Public projects are deemed complete if funding has been approved by the city council and construction has been scheduled.
"Discharge" means the discharge, addition, placement, deposit, release or dumping of any pollutant or combination of pollutants to surface waters from any point source. This definition includes, but is not limited to, additions of pollutants into waters, from: surface runoff and discharges through pipes, sewers, channels or other conveyances owned by a state, municipality or other person which do not lead to a treatment works. "Discharge," within the meaning of this chapter, shall also mean any discharge on public or private property which results or will reasonably result in a discharge into any and all watercourses.

Such discharges represent a process whereby pollutants, debris and chemicals are placed or otherwise deposited on streets, construction sites, parking lots and other exposed surfaces and are subsequently washed off and carried away by stormwater runoff into watercourses.

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for "Grease" means and includes fats, oils, waxes or other related constituents. Grease may be of mineral origin, including kerosene, lubricating oil and road oil. Grease may also be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, fats in meats, cereals, seeds, nuts and certain fruits. Grease is generally present as, but need not be, a floatable solid, a liquid, a colloid, an emulsion, or in a solution.
"Grease generating activity" means any commercial or industrial activity that uses or produces grease on an ongoing basis.
"Grease removal device" means an interceptor or other mechanical device designed, constructed and intended to remove, hold or otherwise prevent the passage of grease to the (sanitary sewer or) municipal storm drain system.
"Impervious surface" means a constructed or modified surface that does not allow rainfall to percolate through to the subsoil and thus creates stormwater runoff. Impervious surface includes, but is not limited to, building rooftops, pavement, sidewalks, patios, driveways or other hardscape where such surfaces are not constructed with pervious materials and/or are not designed so as to have zero stormwater discharge.
"Interceptor" means a receptacle or trap designed and constructed to intercept, separate and prevent the passage of prohibited substances into the (sanitary sewer or) municipal storm drain system. "Major development or redevelopment project" means a project that creates, adds, or replaces an amount of impervious surface as defined in the current NPDES permit. "Municipal storm drain system" means and includes, but shall not be limited to, t hose facilities within the municipality by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains, which are not part of a publicly owned treatment works (POTW). "NPDES permit" means a valid National Pollutant Discharge Elimination System permit issued by the California Regional Water Quality Control Board, San Francisco Bay Region, in accordance with regulations promulgated by the U.S. Environmental Protection Agency to implement the requirements of the Federal Clean Water Act.
"Pollutants" mean and include all sewage, sewage sludge, garbage, biological materials, radioactive materials, and chemical, industrial and agricultural waste discharge into water. "Project with significant pollution potential" means any project determined by the city to be likely to have sources of pollutants on- site and/or to contribute pollutants to stormwater after project completion, based on a review of the proposed uses of or activities planned for the site. "Stormwater" means all rainfall runoff, surface runoff and drainage. "Watercourses" mean and include all natural waterways and definite channels and depressions in the earth that carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons. Watercourses include facilities owned and operated by the Santa Clara Valley Water District.
(Ord. 2046 § 1(part), 2004; Ord. 1916 § 1, 1995; Ord. 1869 § 1(Exh. A)(part), 1993).

14.02.030 - Requirements.
(a) Non-stormwater Discharges.
(1) Discharge Prohibition. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials other than stormwater. In addition, no person shall discharge or cause to be discharged into the municipal storm drain system or watercourses, any pollutants or waters containing any pollutants that cause or threaten to contribute to a violation of applicable water quality standards. It is also unlawful to discharge, or cause to be discharged into any storm drain or natural outlet or channel, any sewage, industrial

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for waste or other polluted waters or materials without a valid NPDES permit or written authority from the U.S. Environmental Protection Agency or its designated enforcement agent. (2) Exceptions to Discharge Prohibition. The preceding discharge prohibition in subsection (a)(1) of this section shall not apply to any discharge that is specifically authorized by an NPDES permit to flow to a storm drain or natural outlet or channel. In addition, the California Regional Water Quality Control Board, San Francisco Bay Region, has determined that the discharge prohibition shall not apply to the following "permissible" activities: water line flushing, landscape irrigation/lawn watering, uncontaminated foundation drains, uncontaminated nonindustrial roof drains, irrigation water, uncontaminated groundwater infiltration, residential car washings, flows from firefighting, flows from potable water sources, and dechlorinated swimming pool waters. (3) Protection Against Accident Discharge. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.
(4) Report of Accidental Discharges. Where an accidental discharge of prohibited materials or other wastes has entered the municipal storm drain system or a watercourse, such incident shall be reported to city or designated agent as soon as possible, but in no event later than twenty-four hours after such a discharge. If the accidental discharge or prohibited materials or other wastes emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on- site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. A notice shall be permanently posted in a conspicuous place on the premises of each commercial or industrial establishment advising employees of the department or agency to call in case of such an accidental discharge.
(5) Abatement of Prohibited Discharge by Responsible Party. The prohibited discharges are declared to constitute a public nuisance. Remediation and abatement of prohibited disc harges shall be the responsibility of persons causing such discharge. The city shall be advised of the abatement and shall inspect the discharge site to insure that the nuisance has in fact been abated.
(b) Watercourse Protection.
(1) Watercourse Protection Requirements. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove the vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. (2) Acts Requiring Permit. No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the city or designated agent:
(A) Discharge into or connect any pipe or channel to a watercourse; (B) Modify the natural flow of water in a watercourse; (C) Carry out development within a setback designed in whole or in part to protect a watercourse;
(D) D eposit in, plant in, or remove any material from a watercourse, including its banks, except as required for necessary maintenance;
(E) Construct, alter, enlarge, connect to, change or remove any structure in a watercourse; or

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for (F) Place any loose or unconsolidated material along the side of or within a watercourse or so close to a side as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwater passing through such watercourse. (c) Outdoor Storage of Materials.
(1) Proper Outdoor Storage of Materials Required. All applicable materials stored outdoors at a commercial or industrial establishment shall be managed in a manner that minimizes the discharge of pollutants to stormwater and as is required to meet water quality standards.

Establishments covered by the general NPDES permit for stormwater discharges associated with industrial activities that has been promulgated for Santa Clara County by the California Regional Water Qualit y Control Board, San Francisco Bay Region, shall address this requirement in applicable provisions of their stormwater pollution prevention plan. (2) Protection Against Accidental Discharge. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of applicable materials to the municipal storm drain system or watercourses. Specifically, secondary containment systems or equivalent measures approved by the fire department shall be provided for all applicable materials that are liquids. All facilities to prevent the accidental discharge of applicable materials to the municipal storm drain system and watercourses shall be provided and maintained at the owner or operator's expense.
(3) Report of Accidental Disc harge to the Storm Drain. Where applicable materials have entered the municipal storm drain system or a watercourse due to an accidental discharge at a commercial or industrial establishment, the owner or operator of such establishment shall report such incident to public works department as soon as possible, but in no event later than twenty - four hours after such a discharge. The owner or operator of such establishment shall also retain an on- site written record of all accidental discharges of applicable materials (whether or not such discharge actually entered the municipal storm drain system or a watercourse) and the actions taken to prevent their recurrence. Such records shall be retained for at least five years.

A notice shall be permanently posted in a conspicuous place on the premises of each commercial or industrial establishment advising employees of the department or agency to call in case of such an accidental discharge.
(d) Grease Disposal and Control.
(1) Grease Disposal Prohibited. No person shall dispose of any grease, or cause any grease to be disposed, by discharge into any drainage piping, (any public or private sanitary sewer), any part of the municipal storm drain system, or any land, street, public way, river, stream or other watercourse.
(2) Grease Removal Device Required. The owner or operator of every newly constructed, remodeled or converted commercial or industrial establishment with one or more grease generating activities shall install or cause to be installed for each grease generating activity, a grease removal device (of an approved design) for preventing the passage of grease to the municipal storm drain system and watercourses.
(3) Maintenance of Grease Removal Devices Required. The contents of all grease removal devices shall be removed periodically as necessary to prevent a violation of this chapter. At a minimum, the contents shall be removed every ninety days. All grease removal devices shall be kept in good repair, and shall be maintained in continuous operation at the owner or operator's expense.
(e) New Development/Redevelopment.
(1) Stormwater Management Required for Major Projects. Every applicant for a building permit and/or grading permit for a major development or redevelopment project shall identify the potential for stormwater to be discharged from the project site following completion of construction activity and shall demonstrate that the plans, drawings or specifications for such project include the installation of management techniques, practices, and control measures designed to mitigate the potential adverse impacts of stormwater that may be discharged from

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for the project site on an ongoing basis including stormwater treatment measures. In addition, applicants for building and/or grading permits for projects with significant pollution potential may be required to demonstrate that sources of pollutants will be controlled on- site with appropriate measures. The stormwater management techniques, practices, and control measures shall be selected, designed, and maintained in accordance with the city's current NPDES permit requirements and the city's Stormwater Management Manual. (2) Issuance Permits. The city shall not issue a building permit and/or grading permit for a major development or redevelopment project or a project with significant pollution potential until it has reviewed the mitigation measures proposed by the applicant pursuant to subsection (e)(1) of this section, where appropriate, and determined that they are sufficient to address the potential adverse impacts of stormwater that may be discharged from the project site on an ongoing basis.
(3) Occupancy. The building official shall not issue a certificate of occupancy or other equivalent permit for a major development or redevelopment project or a project with significant pollution potential until it has determined that the mitigation measures identified in the building permit and/or grading permit issued for such project have been adequately implemented and that appropriate arrangements have been made to ensure that these management techniques, practices and control measures will be maintained on an ongoing basis in accordance with the city's current NPDES permit requirements and the city's Stormwater Management Manual. (Ord. 2046 § 1(part), 2004; Ord. 1869 § 1(Exh. A)(part), 1993).

14.02.040 - Enforcement—Violation—Penalties.
(a) Criminal Penalties. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by imprison ment for a term not to exceed six months or by a fine not to exceed one thousand dollars or by both. Each and every violation of this chapter shall constitute a separate offense. Every day each such violation continues shall be an additional offense.
(b) Civil Penalties. Any person who violates any provision of this chapter shall be civilly liable to the city in a sum not to exceed one thousand dollars per day for each day in which the violation occurs. Each and every violation of this chapter shall const itute a separate offense. Every day each such violation continues shall be an additional offense.
(c) Civil Liability. Any person who violates any provision of this chapter shall be civilly liable to the city for all costs, including attorney's fees, ass ociated with the investigation and remediation of environmental conditions caused by the discharge of pollutants into the municipal storm drain system or watercourse in violation of this chapter.
(d) Remedies Cumulative. The remedies provided for in this chapter are cumulative and not exclusive and shall be in addition to any and all other remedies available to the city under state and federal law.
(e) Public Nuisance. The discharge of pollutants and related applicable materials into any municipal storm drain system or other watercourses, in violation of any provision of this chapter, is declared to be a public nuisance and shall be subject to any and all remedies available, pursuant to city, state and federal law, including but not limited to injunctive relief. The director of public works may record with the county recorder's office a declaration of nuisance for the particular parcel so noticed. (Ord. 1930 § 3, 1995; Ord. 1916 § 2, 1995; Ord. 1869 § 1(Exh. A)(part), 1993).

14.02.050 - Inspection.

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for (a) During Regular Business Hours. Every business establishment that is open to the public shall permit agents of the city to inspect their premises for compliance with this chapter at any time the business is open to the public.
(b) Other Times. Notwithstanding subsection (a) of this section, agents of the city may inspect any property for compliance with this chapter upon providing the owner and occupants of the property at least twenty-four hours' advance notice of the inspection in the following manner:
(1) A notice shall be conspicuously posted on the property to be inspected, specifying the date, time and reason for the proposed inspection and setting forth a telephone number with directions for the residents or property owners to call for further information; and (2) If the identity and address of the owner is known, such owner shall be notified of the proposed inspection by first class mail, setting forth the same information required by subsection (b)(1) of this section.
(c) Provisions Supplemental. The inspection provisions set forth in this section are intended to supplement, and not supersede, any existing authority for inspection by city officials. In the event that any provision of this section is found by a court of competent jurisdiction to be void or unenforceable, the remaining portions shall remain in full force and effect. (Ord. 1947, 1997).

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Appendix E:

South Bay Water Recycling Program

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for South Bay Water
Recycling Program
700 Los Esteros Road, San José, CA 95134
Recycled water is used in water features and the irrigatation system of the Evergreen Community College campus in south San José.

Environmental Services Delivering world class
utility services and programs to improve our
health, environment, and economy
www.sjenvironment.org Main: 408-535-8550
Media Contact
Jennie Loft, Public Information Manager
[email protected]
408-535-8554
I
n the South Bay, recycled water is a locally sustainable and established component of the non-potable water supply. With pipeline in the cities of San José, Santa Clara, and Milpitas, South Bay Water Recycling (SBWR) is the largest of four recycled water systems in Santa Clara County. The other systems
are associated with the wastewater treatment facilities in Sunnyvale, Gilroy/Morgan Hill, and Palo Alto/Mountain View.

CUSTOMERS, RETAILERS & SERVICE AREA
� Number of customers: ~ 750
Includes Levi’s Stadium, Great America, McCarthy Ranch
Shopping Center, Evergreen College, Guadalupe Gardens,
Intel, and San José City Hall
�
SBWR is a reycled water wholesaler to San Jose Water
Company, San José Municipal Water, City of Santa Clara, and City of Milpitas; customers buy recycled water from the water retailer for their location
SYSTEM
SBWR comprises a north-south artery across San José and an east-west artery from mid-Milpitas down through the
eastern side of Santa Clara. These main arteries feed extension pipelines to reach various customers. The system includes:
�
140 miles of pipeline and growing
� 5 pump stations
� 3 above-ground storage reservoirs that together have a storage capacity of 9.5 million gallons

PRIMARY USES OF SBWR RECYCLED WATER
� Irrigation at public parks, theme parks, golf courses, street medians, business landscaping, and college campuses
� Industrial cooling towers and 4 power plants
� Toilet/urinal flushing in dual-plumbed commercial and municipal buildings

RECYCLED WATER SOURCE
� SBWR main pump station is adjacent to the San José-Santa Clara Regional Wastewater Facility (RWF), which manages the SBWR program
�
RWF produces an average 110 mgd of high quality, tertiary- treated water; roughly 13% flows to SBWR, remainder
discharges into the Bay
�
As of March 2014, SBWR blends RWF tertiary water with
water from Silicon Valley Advanced Water Purification
Center, operated by the Santa Clara Valley Water District mgd = million gallons per day
over

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04-25-16 jh
recycled water signage
SBWR main pump station
Great America irrigates with
recycled water

INVESTMENT & RATE SETTING
� SBWR reflects a ~$250 million investment to date; US
Bureau of Reclamation is reimbursing SBWR for 25% of this investment
�
Santa Clara Valley Water District has contributed several million dollars to SBWR
�
San Jose Water Company is constructing new extensions
to the system at their own cost, and paying a $2 million capacity fee to ensure system reliability
�
SBWR sets the wholesale recycled water rate to water
retailers, who in turn set rates for their respective customers

CONTACTS
SBWR
City of San José Environmental Services Dept.

Media contact: Jennie Loft (408) 535-8554

RECYCLED WATER RETAILERS
City of Milpitas Water & Sewer
Public Works Department
1265 North Milpitas Boulevard, Milpitas, CA 95035
Phone: (408) 586-2600 www.ci.milpitas.ca.gov

City of Santa Clara Water & Sewer Utility
1500 Warbutron Avenue, Santa Clara, CA 95050
Phone: (408) 615-2000 www.santaclaraca.gov

San Jose Municipal Water System - Recycled Water
Engineering & Operations
3035 Tuers Rd., San José, CA 95121
Phone: (408) 535-3500 www.sanjoseca.gov

San Jose Water Company
110 W. Taylor St., San José, CA 95110
Phone: (408) 279-7900 www.sjwater.com

DELIVERY VOLUME & GREEN VISION
SBWR deliveries have grown:
�
2012: SBWR delivered an average 10.3 mgd to ~690 customers � 2014: SBWR delivers average 14 mgd to ~750 customers
With an average home of 4 people using 400 gallons per day, the rate of 14 mgd offsets enough drinking water to supply ~ 35,000 homes daily
�
Production since inception in 1998: 43.9 billion gallons Equivalent to the water use of ~ 217,000 homes in one year � San José’s Green Vision, a plan for a sustainable San José, includes a goal to recycle or beneficially use 100% of our wastewater and targets 40 mgd of recycled water use by 2022

REGULATIONS & WATER QUALITY MONITORING
� Regional Water Quality Control Board regulates and
monitors the safe use of recycled water under Title 22 of the California Code of Regulations; the Board also reviews building plans to ensure that reycled water and drinking water pipes and systems do not mix
�
Title 22 outlines bacteriological water quality standards for the expected degree of public contact with recycled water; if public contact is anticipated, disinfected tertiary treatment is required, such as provided by SBWR
�
RWF laboratory, a state-of-the-art water quality lab, tests SBWR recycled water regularly to ensure its safety; SBWR frequently surpasses requirements for recycled water
quality

ROLE OF SILICON VALLEY ADVANCED WATER

PURIFICATION CENTER (SVAWPC)
� Santa Clara Valley Water District opened SVAWPC in March 2014 as a demonstration project to advance recycled water as a drought-proof component of our water supply
�
8 mgd capacity
� Receives secondary-treated wastewater from RWF and uses microfiltration, reverse osmosis, and ultra-violet disinfection to fully purify the water
�
At SBWR main pump station, SVAWPC purified water blends with RWF tertiary water, thus reducing its salt content �
SBWR provides water that ranks among the highest quality recycled water in California
For more information, visit www.sjenvironment/sbwr

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Packet Pg. 533
Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for Revision 0223015
South Bay Water Recycling
Recycled Water Access Point Program
Fact Sheet

Expanding Recycled Water Use with Recycled Water Access Points (RWAP) To conserve our valuable drinking (potable) water supplies, South Bay Water Recycling (SBWR) has made recycled water available for commercial non-potable uses at several truck fill locations in San José and Milpitas. State Approved uses include construction activities such as grading, compaction, concrete wetting, and dust control as well as landscape irrigation, pressure washing, and sewer flushing.

Recycled Water Quality
Recycled water is highly treated to meet rigorous and protective standards set by the State Water Resources Control Board – Division of Drinking Water, and SBWR currently supplies clean and safe tertiary-treated recycled water to over 750 customers in San Jose, Milpitas and Santa Clara.

Participation Requirements
Users must complete a short Training and sign a User Agreement to confirm the correct use of the fill stations and the proper handling of recycled water. In addition, trucks must be inspected and labeled to certify that they are correctly equipped to transfer recycled water.

After truck and driver certification, users will be issued a portable recycled water meter, with a unique nozzle that can only fit the RWAP hydrants. This minimizes the possibility of cross- connections between the potable and recycled water distribution systems.

Construction exemptions for required use of recycled water may be granted on a case by case basis
, depending on the availability of recycled water near the project site. Please contact the City Planning Department for more information on the required use of recycled water for proposed projects.

Getting Started
In order to complete the certification process, and receive meters, site keys, and the most updated site maps, please contact the recycled water retail agencies listed below:

Milpitas – call (408) 586-2600
San Jose –call (408) 277-3671

RWAP Supervisor Trainings are scheduled every Wednesday morning from 9am-11am at the San Jose/Santa Clara Regional Wastewater Facility (700 Los Esteros Road in San José) or by appointment. Contact the City of Milpitas for trainings and inspections in their area.

8.d
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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for South Bay Water Recycling
Recycled Water Access Point
FAQs

1. What is a Recycled Water Access Point?
A Recycled Water Access Point (or RWAP) is a stand-pipe that allows a certified RWAP Supervisor access to recycled water to fill their tanker truck.

2. How can I get locations and information about using recycled water from an RWAP? Please contact your local water retailer or South Bay Water Recycling for availability in your area.

City of Milpitas – (408) 586-2600
City of San José – South Bay Water Recycling (408) 277-3671

3. What are the uses for recycled water?
Recycled water is approved for nonpotable (non drinking) uses such as irrigation, dust control, and street sweeping

4. Can I use recycled water to irrigate my landscape at home? No. Recycled Water is approved only for commercial (non-residential) uses.

5. Can I drink recycled water?
No. At this time, recycled water is not approved for drinking.

6. Do I have to use recycled water?
The use of recycled water is required by many city ordinances if recycled water is available. Visit your local city’s planning department for availability in your area.

7. Where does recycled water come from?
Recycled water is produced from treated wastewater from the San Jose/Santa Clara Regional Wastewater Facility.

8. Why is recycled water regulated more than potable (drinking) water? Recycled water is safe to use by trained personnel to assure it is used appropriately and that the public drinking water supply is separated and protected from contamination.

9. Are there any rules I need to follow when using recycled water? Recycled water has not been treated and disinfected for drinking. The use of recycled water is therefore regulated by the State of California Division of Drinking Water, State Water Resources Control Board to ensure that the public health and potable water supply are separated and protected from contamination. To assure that the use is appropriate, the State has required that users be trained, vehicles and sites are inspected and certified, and appropriate safeguards are in place to protect public health.

10. Do I have to use a special container?
All containers must be properly labeled, per the SBWR RWAP User Agreement. Recycled water is only distributed to certified RWAP Supervisors with registered trucks that have been inspected.

11. Can I store recycled water at my site or commercial business? Yes. Recycled water can be stored on site, with appropriate signage and use management per the User Agreement.

12. Do I have to get certified in multiple cities or will one certification work at all SBWR locations? Recycled Water Access Point Supervisors can be trained and registered at any qualified SBWR water agency.

13. Can I take the recycled water I picked up in one city and take it to another city? Yes. Recycled water purchased from one city may be used in a different city.

14. Can I use a potable meter to access recycled water or do I have to get a special meter? The RWAP meter is different from a potable water meter, so you must use a recycled water RWAP meter when accessing recycled water.

15. Do I need to clean my tank or container before filling it with potable water? Recycled water trucks must be certified and registered to carry water for nonpotable uses only.

16. What if I have multiple tanker trucks?
All trucks must be inspected and registered with SBWR.

17. How much does recycled water cost?
Please contact your water retailer for prices and availability.

18. How do I report my recycled water usage and pay?
It will vary depending on recycled water retailer. Please see your local recycled water retailer for specifics.

8.d
Packet Pg. 535
Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for Piercy Rd
Yerba Buena Rd at Mongomery Hilll Park
Corie Court
Spring Street and McKendrie
Los Esteros Rd
Hellyer Ave
Spring Street Guadalupe Gardens
Sources: Esri, DeLorme, NAVTEQ, TomTom, USGS, Intermap, iPC, NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand)

SAN JOSE RECYCLED WATER

TRUCK FILL LOCATIONS
Legend

RW TRUCK FILL ACCESS LOCATIONS

WATER RETAILER

SAN JOSE MUNICIPAL WATER

SAN JOSE WATER COMPANY
0 1 2 3 40.5
Miles
Los Esteros Rd Zanker Rd
Grand Bl
Disk Dr
Nortech Py
Baytech Dr
Oakland Rd
Schallenberger Rd
Pear Orchard Dr
880
Spring St
Ruff Dr
McKendrie St
Yerba Buena Rd
Verona Rd
Falls Creek Dr
Tuscany ClRural Access
Placido Ct
NB 101 ToCoyote Rp
Silver
Creek
Valley Rd
Fontanoso
Wy
Piercy Rd
For additional information call
South Bay Water Recycling (408) 277-3671
San Jose Municipal Water (408) 535-3500
San Jose Water Company (408) 279-7900
Corie Ct
Located 1,100 Feet South of Verona Rd
Los Esteros Station
Gates Open Monday Thru Friday
8:00 AM to 6:00 PM
Located 350 Feet South of Silver Creek Valley Rd
Taylor StEmory StAsbury St
Walnut St
Hedding St
University Av
Spring St
Emory St
Hellyer Av
Eden Park Pl
Piercy Rd
Jenny Ct
Hellyer Av
Silicon Valley
Blvd
Located 1,800 Feet West of Silicon Valley Blvd

8.d
Packet Pg. 536
Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 Office Hrs:
8:00 am - 12:00 Noon
1:00 pm - 5:00 pm
(Noon - 1:00 pm, Ofc Closed for
SJMWS Staff Lunch Hour)

CITY OF SAN JOSE

MUNICIPAL WATER SYSTEM
3025 TUERS ROAD
SAN JOSE, CA 95121
(408) 277-3671
(408) 277- 4218

CITY OF SAN JOSE

LOS LAGOS

PUBLIC GOLF COURSE

LION FOODCTR

RITE AID

FOR TEMPORARY METERS - CALL & SCHEDULE A PICK-UP TIME

WITH AN ENGINEERING STAFF MEMBER BEFORE COMING TO PICK
UP A METER.

DEPOSIT OF $800 (CHECK OR CREDIT CARD) PER METER.
(3",Green)

8.d
Packet Pg. 537
Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for 87 Guadalupe Fwy
W Taylor St
Spring St
W Hedding St
Coleman Ave
880 Nimitz Fwy
McKendrie St
Ruff Dr
Spring St
North Fill Location
Spring St
South Fill Location
Curie Ct
E Gish Rd
E Brokaw Rd
Oakland Rd
880 Nimitz Fwy
Old Bayshore Hwy
Curie Ct
Fill Location
San Jose Water Company
Recycled Water Fill Locations
Requirements for filling at any of the 3 locations
x San Jose Water Co. issued portable non-potable water meter. Deposit required upon receipt of meter. Call 408-279-7835 for more information. x Key to unlock cap.
x Certified non-potable water vehicle. Must be certified and permitted through South Bay Water Recycling.
x Non-potable hoses with 3" camlock fittings and a wrench to actuate valve. Must be supplied by consumer.

Recycled Water Meter Information:

San Jose Water Company
1251 S. Bascom Ave San Jose, CA
M - F 7:30 - 3:00
(Blue area, 4" & $1600 deposit)

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 Revised 7/21/20 Page 1 of 2

RECYCLED WATER ACCESS POINT

PROGRAM USER AGREEMENT
PRODUCER: San Jose/Santa Clara Regional Wastewater Facility - 700 Los Esteros Road, San Jose CA 95134 REGULATORY AGENCY: South Bay Water Recycling - 3025 Tuers Road San Jose, CA 95121 - 408.277.3671 EFFECTIVE DATES OF PERMIT: ________________________________ THROUGH DECEMBER 31ST 2022 License #: SJ-________

USER INFO
TRAINEE NAME: ___________________________________ CSLB CONTRACTOR LICENSE #: __________________________ COMPANY NAME: ___________________________________ TRUCK/TRAILER LICENSE #: ____________________________ COMPANY ADDRESS: ___________________________________ ATTACH YOUR ACORD INSURANCE FORM TO THIS AGREEMENT COMPANY PHONE #: ___________________________________ PLEASE GIVE THIS AGREEMENT TO YOUR OFFICE MANAGER

A USER AGREEMENT MUST BE COMPLETED FOR EACH VEHICLE OPERATOR AND MUST BE RETAINED DURING ACQUISITION AND APPLICATION OF RECYCLED WATER.

USERS AND USERS’ COMPANIES SHALL ADHERE TO THE ATTACHED SBWR TERMS OF USE. USER AGREEMENT IS SUBJECT TO RWQCB ORDER 95-117.

RECYCLED WATER USE INFORMATION (CHECK ALL THAT APPLY)
METHOD OF WATER DISTRIBUTION: [ ] RECYCLED WATER ACCESS POINT [ ] TEMPORARY SITE METER OTHER: _________________________ APPLICATION METHOD: [ ] TANKER TRUCK SPRAY [ ] HOSE O THER: ____________________________________________ USE OF RECYCLED WATER*: [ ] CONSTRUCTION (COMPACTION/DUST CONTROL) [ ] STREET SWEEPING [ ] S EWER CLEAN OUT OTHER*: ______________________________
* REFER TO THE FULL TEXT OF THE LATEST VERSION OF TITLE-22: CALIFORNIA WATER RECYCLING CRITERIA, ARTICLE 3. USES OF RECYCLED WATER, JUNE 18, 2014.

SIGNS REQUIRED: [ ] TANKER TRUCK [ ] CONTAINER [ ] OVERHEAD TANK [ ] PROJECT SITE OTHER: __________________ LOCATION WHERE RECYCLED WATER WILL BE APPLIED:

ADDRESS: ________________________________________ SITE SUPERINTENDENT: ___________________________________________

CERTIFICATION

I HEREBY CERTIFY THAT THE INFORMATION PROVIDED IN THIS APPLICATION AND ALL ATTACHMENTS ARE TRUE, ACCURATE, AND COMPLETE TO THE BEST OF MY KNOWLEDGE. I ALSO CERTIFY THAT I HAVE READ AND AGREE TO ABIDE BY THE SBWR TERMS OF USE AND ALL APPLICABLE RULES AND REGULATIONS OF THE RWQCB ORDER NO. 95-117 AND HAVE SUCCESSFULLY COMPLETED INSPECTION BY THE LOCAL RETAILER. _____________________________________________________________________________________________________________________________________

TRUCK CONTRACTOR/DRIVER/EMPLOYEE SIGNATURE PRINTED NAME TITLE DATE _______________________________________________________________________________________________________________________________________ ** SUPERINTENDENT OR FOREMAN SIGNATURE PRINTED NAME TITLE DATE

LYLE FROHMAN
______________________________________________________________________________________________________________________________________

SBWR SIGNATURE PRINTED NAME DATE

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for Revised 7/21/20 Page 2 of 2

RECYCLED WATER ACCESS POINT PROGRAM

PLEASE WASH YOUR HANDS AFTER USING RECYCLED WATER

CHECK THIS
USER AGREEMENT LIMITS THE USE OF RECYCLED WATER TO THE FOLLOWING CONDITIONS:


1. RECYCLED WATER IS FOR NONPOTABLE
USES ONLY - NO DRINKING! Recycled water may not be exposed to food, used within designated eating areas or used within 50 feet of any domestic well, drinking fountain or potable water supply.


2. There shall be no cross-connection between recycled water and any potable water supply. Recycled water may no
t be plumbed into potable irrigation or onsite plumbing systems. Recycled water meters are prohibited from con
necting to potable hydrants. Match purple to purple only 

3. Recycled water may not be discharged into storm drains or outside the designated use area that was approved by the water retailer and/or SBWR. Overspray, pooling and runoff of recycled water is not permitted. Cover this in yo
ur Safety meetings.


4. Tan
ker trucks must maintain an air gap of at least twice the diameter of the fill pipe (i.e. water overflows the tank before r
eaching the fill pipe). Tanker trucks must have water-tight connections, piping and hoses to ensure no
leakage will occur during fill-up or use. They must be fully drained before transport and prior to every connection.
 5.

Recycled water tanker trucks may not transport potable water for potable uses.  6.

All tanker trucks accessing and hauling recycled water must satisfy local and state safety requirements. Active auto/truck/trailer and general liability insurance (i.e. an ACORD form) is required. 

7. Recycled water meters may be inspected by the retailer for appropriate use at any time. The volume of recycled water used must be reported as specified by the recycled water retailer.

SPECIAL

APPROVAL, TRAINING AND SITE INSPECTION REQUIRED
 8.

If recycled water is transferred to other storage containers/reservoirs, they must be labeled with signage equivalent to tanker truck signage and must follow the safety guidelines in this User Agreement.  9.

Recycled water may be used for pressure washing and washing equipment and vehicles if the recycled water is not heated and where the general public is excluded from the washing process.  10.

Recycled Water may not be used for directional drilling without prior approval from SBWR.

ADV

ISORY SIGNS

Tan
ker Truck Sign: Tanker trucks hauling recycled water must have an SBWR approved adhesive sign issued by retailer at l
east six inches by twelve inches on the tank, in a location clearly visible to users and workers, with the following wording in one inch, or larger, letters on a purple background. 
Tan
ker Truck Inspection Decal: Tanker trucks hauling recycled water must have an SBWR approved adhesive decal is
sued by retailer at least three inches by six inches signifying that the tanker truck has passed inspection and met all SBWR requirements.

App
urtenance Sign: Appurtenances serving recycled water must have an SBWR approved adhesive or bolted sign is
sued by the retailer at least six inches by eight inches, in a location clearly visible to users and workers, with the following wording in one inch, or larger, letters on a purple background.

8.d
Packet Pg. 541
Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for

Appendix F:

California Prevailing Wage Rates

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Packet Pg. 542
Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for

GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1

FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS Craft: Carpenter#
Determination:

NC-23-31-1-2020-1
Issue Date:

August 22, 2020
Expiration date of determination:

June 30, 2021** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Office of the Director - Research Unit for specific rates at (415) 703-4774.

Localities:

Area 1: All localities within Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma Counties.

Area 2: All localities within Monterey, San Benito, and Santa Cruz Counties.

Area 3: All localities within El Doradoa, Placera, Sacramento, San Joaquin and Yolo Counties.

Area 4: All localities within Alpine, Amador, Butte, Calaveras, Colusa, Del Norte, El Doradoa, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Mariposa, Mendocino, Merced, Modoc, Nevada, Placera, Plumas, Shasta, Sierra, Siskiyou, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, and Yuba Counties.

Wages and Employer Payments:

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Page 2 of 11 ends

Classification
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holiday
b
Training Other
c
Hours Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X)
d e
Daily
Overtime
Hourly
Rate
(2 X)
d
Saturday
Overtime
Hourly
Rate
(1 ½ X)
d f g
Saturday
Overtime
Hourly
Rate
(2X)
d f
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
d h
Hardwood
Floorlayer,
Power Saw
Operator, Saw
Filer, Shingler,
Steel Scaffold
And Steel
Shoring
Erector (Area
1)
$52.80 $11.70 $10.65 $5.09 $1.03 $2.64 8.0 $83.91 $110.31 $136.71 $110.31 $136.71 $136.71 Carpenter
(Area 2) $46.77 $11.70 $10.65 $5.09 $1.03 $2.64 8.0 $77.88 $101.265 $124.65 $101.265 $124.65 $124.65 Hardwood
Floorlayer,
Power Saw
Operator, Saw
Filer, Shingler,
Steel Scaffold
And Steel
Shoring
Erector (Area
2)
$46.92 $11.70 $10.65 $5.09 $1.03 $2.64 8.0 $78.03 $101.49 $124.95 $101.49 $124.95 $124.95 Carpenter
(Area 3) $46.77 $11.70 $10.65 $5.09 $1.03 $2.64 8.0 $77.88 $101.265 $124.65 $101.265 $124.65 $124.65

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Page 3 of 11 ends

Classification
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holiday
b
Training Other
c
Hours Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X)
d e
Daily
Overtime
Hourly
Rate
(2 X)
d
Saturday
Overtime
Hourly
Rate
(1 ½ X)
d f g
Saturday
Overtime
Hourly
Rate
(2X)
d f
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
d h
Hardwood
Floorlayer,
Power Saw
Operator, Saw
Filer, Shingler,
Steel Scaffold
And Steel
Shoring
Erector (Area
3)
$46.92 $11.70 $10.65 $5.09 $1.03 $2.64 8.0 $78.03 $101.49 $124.95 $101.49 $124.95 $124.95 Carpenter
(Area 4) $45.42 $11.70 $10.65 $5.09 $1.03 $2.64 8.0 $76.53 $99.24 $121.95 $99.24 $121.95 $121.95 Hardwood
Floorlayer,
Power Saw
Operator, Saw
Filer, Shingler,
Steel Scaffold
And Steel
Shoring
Erector (Area
4)
$45.57 $11.70 $10.65 $5.09 $1.03 $2.64 8.0 $76.68 $99.465 $122.25 $99.465 $122.25 $122.25

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Page 4 of 11 ends

Wages and Employer Payments (2nd Shifti):

Classification
(Journeyperson)
(2nd Shift)
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holiday
b
Training Other
c
Hours
j
Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X)
d k
Daily
Overtime
Hourly
Rate
(2 X)
d
Saturday
Overtime
Hourly
Rate
(1 ½ X)
d f g
Saturday
Overtime
Hourly
Rate
(2X)
d f
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
d h
Carpenter (Area
1) $56.16 $11.70 $10.65 $5.09 $1.03 $2.64 7.5 $87.27 $110.09 $136.41 $110.09 $136.41 $136.41 Hardwood
Floorlayer,
Power Saw
Operator, Saw
Filer, Shingler,
Steel Scaffold
And Steel
Shoring Erector
(Area 1)
$56.32 $11.70 $10.65 $5.09 $1.03 $2.64 7.5 $87.43 $110.31 $136.71 $110.31 $136.71 $136.71 Carpenter (Area
2) $49.89 $11.70 $10.65 $5.09 $1.03 $2.64 7.5 $81.00 $101.27 $124.65 $101.27 $124.65 $124.65 Hardwood
Floorlayer,
Power Saw
Operator, Saw
Filer, Shingler,
Steel Scaffold
And Steel
Shoring Erector
(Area 2)
$50.05 $11.70 $10.65 $5.09 $1.03 $2.64 7.5 $81.16 $101.49 $124.95 $101.49 $124.95 $124.95 Carpenter (Area
3) $49.89 $11.70 $10.65 $5.09 $1.03 $2.64 7.5 $81.00 $101.27 $124.65 $101.27 $124.65 $124.65

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Page 5 of 11 ends

Classification
(Journeyperson)
(2nd Shift)
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holiday
b
Training Other
c
Hours
j
Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X)
d k
Daily
Overtime
Hourly
Rate
(2 X)
d
Saturday
Overtime
Hourly
Rate
(1 ½ X)
d f g
Saturday
Overtime
Hourly
Rate
(2X)
d f
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
d h
Hardwood
Floorlayer,
Power Saw
Operator, Saw
Filer, Shingler,
Steel Scaffold
And Steel
Shoring Erector
(Area 3)
$50.05 $11.70 $10.65 $5.09 $1.03 $2.64 7.5 $81.16 $101.49 $124.95 $101.49 $124.95 $124.95 Carpenter (Area
4) $48.45 $11.70 $10.65 $5.09 $1.03 $2.64 7.5 $79.56 $99.24 $121.95 $99.24 $121.95 $121.95 Hardwood
Floorlayer,
Power Saw
Operator, Saw
Filer, Shingler,
Steel Scaffold
And Steel
Shoring Erector
(Area 4)
$48.61 $11.70 $10.65 $5.09 $1.03 $2.64 7.5 $79.72 $99.47 $122.25 $99.47 $122.25 $122.25 Wages and Employer Payments (3rd Shifti):

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Page 6 of 11 ends

Classification
(Journeyperson)
(3rd Shift)
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holiday
b
Training Other
c
Hours
j
Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X)
d k
Daily
Overtime
Hourly
Rate
(2 X)
d
Saturday
Overtime
Hourly
Rate
(1 ½ X)
d f g
Saturday
Overtime
Hourly
Rate
(2X)
d f
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
d h
Hardwood
Floorlayer,
Power Saw
Operator, Saw
Filer, Shingler,
Steel Scaffold
And Steel
Shoring Erector
(Area 1)
$60.34 $11.70 $10.65 $5.09 $1.03 $2.64 7.0 $91.45 $110.31 $136.71 $110.31 $136.71 $136.71 Carpenter (Area
2) $53.45 $11.70 $10.65 $5.09 $1.03 $2.64 7.0 $84.56 $101.27 $124.65 $101.27 $124.65 $124.65 Hardwood
Floorlayer,
Power Saw
Operator, Saw
Filer, Shingler,
Steel Scaffold
And Steel
Shoring Erector
(Area 2)
$53.62 $11.70 $10.65 $5.09 $1.03 $2.64 7.0 $84.73 $101.49 $124.95 $101.49 $124.95 $124.95 Carpenter (Area
3) $53.45 $11.70 $10.65 $5.09 $1.03 $2.64 7.0 $84.56 $101.27 $124.65 $101.27 $124.65 $124.65 Hardwood
Floorlayer,
Power Saw
Operator, Saw
Filer, Shingler,
Steel Scaffold
And Steel
Shoring Erector
(Area 3)
$53.62 $11.70 $10.65 $5.09 $1.03 $2.64 7.0 $84.73 $101.49 $124.95 $101.49 $124.95 $124.95

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NC-23-31-1-2020-1A
Issue Date:

August 22, 2020
Expiration date of determination:

Localities:

All Localities within Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba Counties.

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Wages and Employer Payments:

Classification
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holiday
b
Training Other
c
Hours. Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X)
d e
Daily
Overtime
Hourly
Rate
(2 X)
d
Saturday
Overtime
Hourly
Rate
(1 ½ X)
d f g
Saturday
Overtime
Hourly
Rate
(2X)
d f
Sunday /
Holiday
Overtime
Hourly
Rate
(2 X)
d h
Bridge Builder/
Highway
Carpenter
$52.65 $11.70 $10.65 $5.09 $1.03 $2.64 8.0 $83.76 $110.085 $136.41 $110.085 $136.41 $136.41 Bridge Builder/
Highway
Carpenter
(Special Single
Shift)
$59.23 $11.70 $10.65 $5.09 $1.03 $2.64 8.0 $90.34 $119.955 $149.57 $119.955 $149.57 $149.57 Wages and Employer Payments (2nd Shifti):

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Bridge
Builder/Highway
Carpenter
$60.17 $11.70 $10.65 $5.09 $1.03 $2.64 7.0 $91.28 $110.09 $136.41 $110.09 $136.41 $136.41 Determination:

NC-23-31-1-2020-1B
Issue Date:

August 22, 2020
Expiration date of determination:

Localities:

Area 1: All localities within Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma Counties.

Area 2: All localities within Monterey, San Benito, and Santa Cruz Counties.

Area 3: All localities within El Doradoa, Placera, Sacramento, San Joaquin and Yolo Counties.

Wages and Employer Payments:

Classification
(Journeyperson)
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holiday
b
Training Other
l
Hours Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X)
d e
Daily
Overtime
Hourly
Rate
(2 X)
d
Saturday
Overtime
Hourly
Rate
(1 ½ X)
d f g
Saturday
Overtime
Hourly
Rate
(2X)
d f
Sunday /
Holiday
Overtime
Hourly
Rate
(2 X)
d h
Millwright
(Area 1) $52.75 $11.70 $10.65 $5.18 $1.03 $4.15 8.0 $85.46 $111.835 $138.21 $111.835 $138.21 $138.21 Millwright
(Area 2) $49.27 $11.70 $10.65 $5.18 $1.03 $4.15 8.0 $81.98 $106.615 $131.25 $106.615 $131.25 $131.25 Millwright
(Area 3) $49.27 $11.70 $10.65 $5.18 $1.03 $4.15 8.0 $81.98 $106.615 $131.25 $106.615 $131.25 $131.25 Millwright
(Area 4) $47.92 $11.70 $10.65 $5.18 $1.03 $4.15 8.0 $80.63 $104.59 $128.55 $104.59 $128.55 $128.55

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Wages and Employer Payments (2nd Shifti):

Classification
(Journeyperson)
(2nd Shift)
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holiday
b
Training Other
l
Hours
j
Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X)
d k
Daily
Overtime
Hourly
Rate
(2 X)
d
Saturday
Overtime
Hourly
Rate
(1 ½ X)
d f g
Saturday
Overtime
Hourly
Rate
(2X)
d f
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
d h
Millwright
(Area 1) $56.27 $11.70 $10.65 $5.18 $1.03 $4.15 7.5 $88.98 $111.84 $138.21 $111.84 $138.21 $138.21 Millwright
(Area 2) $52.55 $11.70 $10.65 $5.18 $1.03 $4.15 7.5 $85.26 $106.62 $131.25 $106.62 $131.25 $131.25 Millwright
(Area 3) $52.55 $11.70 $10.65 $5.18 $1.03 $4.15 7.5 $85.26 $106.62 $131.25 $106.62 $131.25 $131.25 Millwright
(Area 4) $51.11 $11.70 $10.65 $5.18 $1.03 $4.15 7.5 $83.82 $104.59 $128.55 $104.59 $128.55 $128.55 Wages and Employer Payments (3rd Shifti):

Classification
(Journeyperson)
(3rd Shift)
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation
and
Holiday
b
Training Other
l
Hours
j

Total
Hourly
Rate
Daily
Overtime
Hourly
Rate
(1 ½ X)
d k
Daily
Overtime
Hourly
Rate
(2 X)
d
Saturday
Overtime
Hourly
Rate
(1 ½ X)
d f g
Saturday
Overtime
Hourly
Rate
(2X)
d f
Sunday/
Holiday
Overtime
Hourly
Rate
(2 X)
d h
Millwright
(Area 1) $60.29 $11.70 $10.65 $5.18 $1.03 $4.15 7.0 $93.00 $111.84 $138.21 $111.84 $138.21 $138.21 Millwright
(Area 2) $56.31 $11.70 $10.65 $5.18 $1.03 $4.15 7.0 $89.02 $106.62 $131.25 $106.62 $131.25 $131.25 Millwright
(Area 3) $56.31 $11.70 $10.65 $5.18 $1.03 $4.15 7.0 $89.02 $106.62 $131.25 $106.62 $131.25 $131.25 Millwright
(Area 4) $54.77 $11.70 $10.65 $5.18 $1.03 $4.15 7.0 $87.48 $104.59 $128.55 $104.59 $128.55 $128.55 Recognized holidays:

Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the

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Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774.

Travel and/or subsistence payment:

In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Director's General Prevailing Wage Determinations Website (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm). Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Office of the Director – Research Unit at (415) 703-4774. # Indicates an apprenticeable craft. The current apprentice wage rates are available on the Prevailing Wage Apprentice Determinations Website (http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp). a Area 3 includes the portion of Placer County west of and including Highway 49 and the portion of El Dorado County west of and including Highway 49 and the territory inside the city limits of Placerville. Area 4 includes the portions of Placer and El Dorado Counties not covered in Area 3.
b Includes an amount per hour worked for Work Fees. The Vacation amount is $2.95 per hour worked for Carpenter; $2.85 per hour worked for Millwright.
c Includes Annuity Trust Fund, Industry Promotion, Carpenters International Training Fund, Work Preservation, Carpenter Employers Contract Administration, and Vacation/Holiday/Sick Leave Admin.
d The overtime rates for shift work are based on the non-shift overtime rates. e For building construction, rate applies to the first 4 hours daily overtime. For all heavy, highway and engineering construction overtime worked, Monday through Friday, rate applies to the first 4 hours daily overtime. f In the event that work cannot be performed Monday through Friday because of inclement weather or major mechanical breakdown, employees may voluntarily make up such day on Saturday and shall be paid at the applicable straight time rates. g Rate applies to the first 8 hours for building construction and for the first 10 hours worked on heavy, highway and engineering construction. h Time and one-half shall be paid for the first eight (8) hours worked on the four (4) days of each year selected by the Union as designated off/holidays listed in the Holiday Provision.
i Does not apply to tenant improvement or renovation projects in occupied buildings with a total contract value of $5 million or less. j Daily overtime applies after 7 ½ hours worked at the straight-time rate for second shift and after 7 hours worked at the straight-time rate for third shift.
k For building construction, rate applies to the first 2 hours prior to the start of the regular or approved day, or the first 4 hours after the end of the approved or regular work day, not to exceed a total of 4 hours in any 1 work day. For heavy, highway and engineering construction rate applies to the first 4 hours prior to the start of the regular or approved day, or the first 4 hours after the end of the approved or regular work day, not to exceed a total of 4 hours in any 1 work day l Millwright Annuity Trust Fund, Industry Promotion, Carpenters International Training Fund, Work Preservation, and Vacation/Holiday/Sick Leave Admin.

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24

Appendix G:

California Public Contract Code Section 9204

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for

Appendix H:

Site Map

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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 (24-TT) (Authorization to Solicit Bids for Athletic
Field 2
A
D
B
M-48M-49
32 31
33 34 35
Orchard
City
Banquet
Hall
Handball
Courts
FE
D
J
K
L
N P
B
H
C
A
RQ
i
i
i Rec
Office
Adult
Center
Auxiliary
Gym
Main
Gym
Heritage
Theatre
Roosevelt
Redwood Rm
Mary
Campbell
Rm
84 80
53 - 58
59-65
66-72
74 Board
Rm.

Activity
Rm.
36-41
20-301-19

WINCHESTER PARKING LOT

LATIMER PARKING LOT

CAMPBELL PARKING LOT
Skatepark
Football Stadium
& Track
Athletic
Field 1
Tennis Courts
76 Fitness Center/
Spinning Room
Pool
Weight
Room
LATIMER AVE.

WINCHESTER BLVD.

CAMPBELL AVE.

HEDEGARD AVE.

E
iRestrooms Building ID
Letters
Pay Phones Site Directory

MAP KEY
The
Campbell
Community
Center
Office:
1 W. Campbell Ave., #C-31
Campbell, CA 95008
(408) 866-2105
(408) 866-2138
www.cityofcampbell.com
Athletic
Field 3
Athletic
Field 4
C
Practice
Wall
1 2
M-52
M-47
Parent Lounge
Multi-Purpose Room
M-50 M
42-46

8.d
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Attachment: Construction Specs and Bid Solicitation for City Facilities Roof Replacement Project FY24 City
Council
Report
TITLE: Authorization to Submit Transportation Fund for Clean Air (TFCA) Program Grant Application for Hamilton Avenue Resurfacing Project (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution authorizing the Public Works Director to submit a Transportation Fund for Clean Air (TFCA) Program Grant Application to Santa Clara Valley Transportation Authority (VTA) for the Hamilton Avenue Resurfacing Project.

BACKGROUND
On January 28, 2024, the VTA issued a call for projects for the Fiscal Year 2024/25 Transportation Fund for Clean Air County Program Manager (TFCA CPM) funding cycle. The County Program Manager Fund (CPM) is a part of the Transportation Fund for Clean Air (TFCA) Grant Program. The TFCA Grant Program is funded by a $4 surcharge on motor vehicles registered in the Bay Area. Based on previous years, VTA staff estimates that approximately $2.5 million is available this year.

The purpose of the TFCA Program is to reduce vehicle emissions in a cost -effective manner. At VTA’s November 5, 2020, meeting, the VTA Board of Directors established a policy that reserved up to 25% of the annual TFCA CPM allocation for TFCA -eligible bike and pedestrian projects.

Generally, projects must achieve TFCA cost -effectiveness, on an individual project basis. For bikeway projects, the cost -effectiveness must be equal to or less than $500,000 of TFCA funds per ton of total of emissions reduced. Bikeway projects to install new Class II bikeways (bike lanes) and Class III bikeways (bike routes) are eligible for TFCA funds. Upgrades of existing Class II lanes (e.g., with green markings) are also eligible.

Candidate projects will be scored , criteria including cost effectiveness, congestion reduction, countywide significance, service to low income neighborhoods (called Equity Priority Communities), number of people served, mode shift, and local matching funds

DISCUSSION
Hamilton Avenue Resurfacing Project
Item: 9
Category: CONSENT CALENDAR
Meeting Date: March 5, 2024
9 Packet Pg. 561
TFCA Grant Application Page 2 of 3
The Hamilton Avenue Resurfacing Project (CIP No. 23 -BB) would resurface the entire length of Hamilton Avenue within Campbell city limits. The project would install new Class II bikeways (bike lanes) and Class III bikeways (bike routes) where feasible.

These bikeways would be eligible for TFCA funds since the bikeways would reduce automobile emissions as travelers shift from driving automobiles to riding bikes if more continuous bicycle facilities are provided.

The project would serve the Equity Priority Community located north of Hamilton Avenue between Winchester Boulevard and San Tomas Expressway.

TFCA Grant Program Schedule
Grant applications are due to VTA on March 15, 2024. The VTA Board is tentatively scheduled to approve the recommended project list in October 2024. Funding agreements between the BAAQMD and VTA are scheduled to be executed thereafter.

FISCAL IMPACT
The grant program requires no local match. However, candidate projects can score more points if matching funds are proposed. In past grant cycles, almost every agency proposed a 30 -percent local match to be competitive. The preliminary engineer’s estimate to construct new bike lanes and bike routes and upgrade existing bike lanes (e.g., with green markings) is $80,000. Staff is proposing to apply for $56,000 in TFCA grant funds to fall within the cost -effectiveness limit. The total out -of-pocket cost to the City would be the difference or $24,000. This amount equates to a 30 percent local match.

Staff proposes that local matching funds come from Transportation Development Act (TDA) Article 3 Guarantee Funds.

ALTERNATIVES

1. Do not submit TFCA Grant Application. This alternative is not recommended since a TFCA Grant, if awarded, would help to reduce the City’s contribution of funds toward the Hamilton Avenue Resurfacing Project.

2. Submit TFCA Grant Application with a lower local match. This alternative is not recommended since other agencies who are submitting grant applications are likely to propose a 30% local match to score the maximum number of points. 9 Packet Pg. 562
TFCA Grant Application Page 3 of 3
Prepared by:

Matthew Jue, Traffic Engineer
Reviewed by:

Todd Capurso, Director of Public Works
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution
9 Packet Pg. 563

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SUBMIT TRANSPORTATION

FUND FOR CLEAR AIR (TFCA) PROGRAM GRANT APPLICATION FOR THE

HAMILTON AVENUE RESURFACING PROJECT

WHEREAS, On January 28, 2024, the VTA issued a call for projects for the Fiscal Year 2024/25 Transportation Fund for Clean Air County Program Manager (TFCA CPM) funding cycle; and

WHEREAS, the purpose of the TFCA program is to reduce vehicle emissions in a cost - effective manner; and

WHEREAS, bicycle projects must generally achieve TFCA cost -effectiveness, on an individual project basis, equal to or less than $500,000 of TFCA funds per ton of total of emissions reduced; and

WHEREAS, bikeway projects that create new bike lane and bike routes and projects that upgrade existing bike lanes are eligible for TFCA funds; and

WHEREAS, the Hamilton Avenue Resurfacing Project 23-BB would resurface the entire length of Hamilton Avenue within Campbell city limits; and

WHEREAS, the Hamilton Avenue Resurfacing Project would install new Class II bikeways (bike lanes) and Class III bikeways (bike routes) where feasible; and

WHEREAS, the Hamilton Avenue Resurfacing Project would upgrade existing Class II bikeways (bike lanes) where feasible; and

WHEREAS, the preliminary engineer’s estimate to construct new bike lanes and bike routes on Hamilton Avenue is $80,000; and

WHEREAS, staff is proposing to apply for $56,000 in TFCA grant funds with a local match of $24,000 or 30 percent; and

WHEREAS, staff proposes that local matching funds come from Transportation Development Act (TDA) Article 3 Guarantee funds.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell that the Public Works Director is hereby authorized to submit a Transportation Fund for Clean Air (TFCA) Program Grant Application for Fiscal Year 202 4/25 to the Valley Transportation Authority for the Hamilton Avenue Resurfacing Project 23-BB.

BE IT FURTHER RESOLVED that the City of Campbell will provide a 30 percent local match for the Hamilton Avenue Resurfacing Project with local matching funds from Capital Improvement Program (CIP) Reserves should a TFCA Grant be awarded.

PASSED AND ADOPTED this 5th day of March, 2024, by the following roll call vote:

9.a
Packet Pg. 564
Attachment: Resolution (TFCA Grant Application)
AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:

APPROVED:
___________________________________
Susan M. Landry, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk

9.a
Packet Pg. 565
Attachment: Resolution (TFCA Grant Application)
City
Council
Report
TITLE: Psychiatric Emergency Response Team (PERT) Clinician Contract (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a Resolution approving a Memorandum of Agreement (MOA) with the County of Santa Clara and authorizing the City Manager to sign the MOA establishing the PERT team within the City of Campbell.

BACKGROUND
During the FY24 priority setting session, Council emphasized the need to address mental health and homelessness within the Campbell community. The Chief of Police presented the Psychiatric Emergency Response Team (PERT) to Council at the priority setting session as assigning resources to these issues had also been an identified priority of the Police Department.

PERT is a joint team comprised of a Clinician, employed by Santa Clara County Behavioral Health, and a Campbell Police Officer. This team would respond to mental health calls and all calls that appear to have a mental health component. In addition to the emergency response component, this team will also engage in case work, outreach to the unhoused, and training of other department employees.

DISCUSSION
The PERT team represents an invaluable resource, both in responding to emergency situations and in bringing comprehensive resources related to mental health and homelessness to the Campbell community. This team will help bridge communication and information gaps between the mental health court, District Attorney’s Office, County Behavioral Health, and the many other organizations that become involved in these types of cases. This approach has proven effective when implemented in communities throughout California and Santa Clara County.

The MOA limits the total financial obligation of the City to $180,000. The Agreement can be extended should both agencies have the desire to do so.

The Police Department, in conjunction with County Behavioral Health, has identified and is in the hiring process with a full -time clinician to fill this role within the Police Item: 10
Category: CONSENT CALENDAR
Meeting Date: March 5, 2024
10 Packet Pg. 566
PERT Clinician Contract Page 2 of 2
Department. Once onboarded, the Police Department will evaluate the effectiveness of the PERT program and make recommendations for whether the program should be continued.

FISCAL IMPACT
The MOA caps the total financial commitment of the City at $180,000/year. This was the amount allocated in the FY24 budget.

Prepared by:

Ian White, Police Captain
Reviewed by:

Gary Berg, Police Chief
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution
b. PERT Agreement-Campbell -FY24 final
10 Packet Pg. 567
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF AGREEMENT

WITH THE COUNTY OF SANTA CLARA TO ESTABLISH A PSYCHIATRIC

EMERGENCY RESPONSE TEAM
WHEREAS, the City Council recognizes the impact the homelessness and mental health crisis have had on the Campbell Community; and
WHEREAS, The City of Campbell and County of Santa Clara seek to collaborate to increase public safety and reduce recidivism among high-risk people with mental illnesses and co-occurring mental illness and substance abuse through the Psychiatric Emergency Response Team Justice and Mental Health Collaboration Program (or “PERT Program”); and
WHEREAS, the agencies recognize the need for cross -system collaboration to improve responses and outcomes for individuals with mental illnesses and substance abuse who come into contact with the justice system; and
WHEREAS, the agencies recognize the need to increase public safety and to provide rapid intervention to a person in mental health crisis.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the adopt a Resolution approving a Memorandum of Agreement (MOA) with the County of Santa Clara and authorizing the City Manager to sign the MOA establishing the PERT team within the City of Campbell.

PASSED AND ADOPTED this 5th day of March 2024, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
___________________________
Susan M. Landry, Mayor
ATTEST:
____________________________
Andrea Sanders, City Clerk

10.a
Packet Pg. 568
Attachment: Resolution (PERT Clinician Contract)
DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46

Page 1 of 8 ends

MEMORANDUM OF AGREEMENT

BETWEEN THE

CITY OF CAMPBELL AND THE

COUNTY OF SANTA CLARA

REGARDING THE PSYCHIATRIC EMERGENCY RESPONSE TEAM (PERT)

JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM
WHEREAS, the mission of the City of Campbell (hereinafter “CITY”) is to provide quality public services, facilities and opportunities that create, sustain, and enhance a safe, livable, and vibrant community for its diverse residents, businesses, and visitors. The CITY’s Campbell Police Department (hereinafter “CPD”) is a progressive and professional organization dedicated to maintaining community partnerships which promote a high quality of life for the City’s diverse population; and
WHEREAS, the mission of the County of Santa Clara (hereinafter “COUNTY”) is to plan for the needs of a dynamic community, provide quality services, and promote a healthy, safe, and prosperous community for all; and WHEREAS, COUNTY and CITY (referred to herein individually as “Party” or collectively as the “Parties”) seek to collaborate to increase public safety and reduce recidivism among high-risk people with mental illnesses and co-occurring mental illness and substance abuse through the Psychiatric Emergency Response Team Justice and Mental Health Collaboration Program (or “PERT Program”); and WHEREAS, the partners listed above have agreed to enter into a collaborative agreement in which CITY and COUNTY Behavioral Health Services Department (hereinafter “BHSD”) will be partners on this collaborative effort to combine the unique resources, skills, experience, and training of personnel from two different professions (law enforcement and mental health services) to provide the best possible response to situations involving persons with mental illness; and
WHEREAS, the partners herein desire to enter into a Memorandum of Agreement (hereinafter "MO A") setting forth the roles, responsibilities, and services to be provided by the PERT Program; and WHEREAS, the agencies recognize the need for cross-system collaboration to improve responses and outcomes for individuals with mental illnesses and substance abuse who come into contact with the justice system; and
WHEREAS, the partners recognize the need to increase public safety and to provide rapid intervention to a person in mental health crisis by de-escalating the situation and helping to stabilize the person in the least restrictive way possible, and then striving to get that person the help they need; and WHEREAS, the partners are committed to providing services to those in need regardless of their ethnicity, gender, gender identity, sexual orientation, origin, religious or political beliefs, and/or creed; NOW, THEREFORE, the Parties incorporate the above Recitals herein and it is hereby agreed by and between the Parties as follows:

10.b
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Attachment: PERT Agreement-Campbell -FY24 final (PERT Clinician Contract) DocuSign Envelope ID: 870E036A-0D8A-4CDE-B86D-4C57A53CAA46

Page 2 of 8 ends

ARTICLE 1
TERM; EXTENSIONS; TERMINATION

1.1 Term of Agreement. The initial term of this MOA is from the date the MOA is executed by both parties to June 30, 2024, or until the CITY’s available appropriation in the amount of $180,000 is exhausted, whichever occurs first.

1.2 Extension. This MOA may be extended should the CITY and/or COUNTY identify funding, and upon a written amendment of this MOA signed by both Parties. Extension of this MOA shall be contingent on the Party’s review of the use, need, and value of the PERT Program and The Party’s budget to ensure that the Behavioral Health Services Department (BHSD) PERT clinician(s) can be continued for each successive term.

1.3 Termination without Cause. Any Party may terminate this MOA without cause by providing sixty (60) day written notice.

ARTICLE 2

SCOPE OF SERVICES

2.1 The COUNTY shall provide the following for the PERT Program:
a. Participate in proactive responses for high-risk individuals with mental illness in conjunction with the CPD’s designated PERT officer(s) (“CPD PERT officer(s)”). b. Develop and modify protocols for PERT Program response and information sharing policies and procedures, as necessary.
c. Identify one (1) full time BHSD clinician (hereinafter “BHSD PERT Clinician”), who must be licensed to provide mental health services by appropriate State of California licensing authorities and must participate in a CITY background investigation and fingerprinting, prior to beginning work with the CITY.
d. Assign the identified BHSD PERT Clinician to work with the CPD PERT officer(s) to perform the following tasks:
1) Conduct mental health evaluations, assessments, and crisis screening, for persons with serious mental illnesses including clients who are frequent users of emergency psychiatrist services, dual diagnosed clients and clients who are mentally ill. 2) Assist in determining the appropriate disposition supporting individuals’ needs and safety.
3) Consult with CPD PERT officer(s) regarding disposition of individuals and law enforcement issues.
4) Maintain knowledge of the criteria for psychiatric disorders according to the current Diagnostic and Statistical Manual of Mental Disorders.
5) Maintain knowledge of current legal and ethical issues as they relate to mental illness.
6) Maintain licensing as required.
7) Ensure requirements for detention and transportation pursuant to Welfare and Institutions Code (WIC) Section 5150 are met.
8) Provide documentation to the PERT officer(s) supporting the decision to detain and transport a subject pursuant to WIC Section 5150.
9) Assist in coordination of transportation to mental health service centers, or facilities when such support and services would be beneficial (regardless of whether a 72- hour evaluation hold is issued), and there is cooperation from the subject.

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10) Maintain a law enforcement security clearance.
11) Conduct presentations to inform others about the mission and focus of the PERT Program.
12) Provide mental health training and expertise to other CPD Department staff. 13) Contribute toward providing metrics related to the PERT Program. 14) Engage in law enforcement activities that are related only to the PERT mission and focus; and
15) Abide by and follow all CITY policies while performing services under this MOA. e. Collaborate with the CITY in determining what training, if any, is necessary for the BHSD PERT Clinician during the duration of the MOA; and
f. Work with CPD to identify any trainings that may be provided to CPD PERT officer(s) and or other officers to assist with appropriately responding to incidents involving individuals with mental illness and substance abuse. Any identified courses and trainings must be certified by Peace Officer Standards Training to ensure a consistent level of quality.

2.2 The CITY shall provide the following for the PERT Program:

a. Develop a detailed policy, procedure, process, and plan on implementing a specialized police mental health PERT Program.
b. Expand training for law enforcement to identify and respond to individuals with mental illness and provide cross -training of criminal justice and mental health personnel. c. Establish a dedicated CPD PERT officer(s) to work with the BHSD PERT Clinician. d. Participate in the process of identifying the BHSD PERT Clinician to work with CPD as part of the Community Response Team (CRT).
e. Assume primary responsibility for site control when responding to a crisis. f. Assume role of the primary responder when engaged with BHSD PERT Clinician. g. Issue basic tools to BHSD PERT Clinician to perform their duties and provide access to certain CITY facilities.
h. Determine whether phone consultation or on-site consultation is needed from the BHSD PERT Clinician.
i. Coordinate training exercises with the BHSD PERT Clinician to ensure proper collaboration when needed during a crisis.
j. Collaborate with the BHSD PERT Clinician by participating in trainings and meetings to ensure proper understanding of roles and responsibilities during crisis situations. k. Facilitate transportation for clients to the appropriate receiving facility when a WIC 5150 hold has been placed by the BHSD PERT clinician in response to a call for service to CPD. l. Agree to provide review on overall effectiveness on BHSD PERT clinician deployments. m. Agree to provide information to BHSD PERT clinician regarding individuals who are involved in a crisis incident, when such information provides critical value to the safe resolution of those incidents.
n. Have an officer on scene with the PERT Clinician to provide the following services:
1) Assess the situation regarding safety for the officer, the BHSD PERT Clinician, the consumer, and bystanders.
2) Provide safety on scene; and
3) Evaluate the subject for any criminal behavior, as appropriate. o. Offer referrals or other assistance through the officer and PERT Clinician as the situation warrants, and if needed, assist the individual to the appropriate setting (either voluntarily or

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involuntarily).
p. Collaborate with the COUNTY in determining what training, if any, is necessary for the BHSD PERT Clinician during the duration of the MOA.
q. Modify and enhance policies, procedures, and protocols for the PERT Program and information sharing process, as necessary; and
r. Work in conjunction with the PERT Clinician, to draft and submit a Monthly Program Narrative Report to County no later than seven (7) days after the end of each month.

The Quarterly Narrative Report shall include a summary of the PERT Program’s performance goals, milestones achieved, and any issues/concerns encountered during the reporting period.

ARTICLE 3

RELATIONSHIP OF PARTIES AND FINANCIAL REQUIREMENTS

3.1 Relationship of Parties. The COUNTY acknowledges and agrees that the work/services provided by the BHSD PERT Clinician under this MOA are performed as an independent contractor relative to the CITY. The BHSD PERT Clinician is part of the COUNTY workforce and will remain as employee of the COUNTY while providing services under this MOA.

3.2 Funding/Financial Responsibilities. Unless amended by the Board of Supervisors and the Campbell City Council, the annual contribution of the COUNTY and CITY to the Pilot Program expenses shall be as follows.
a. The COUNTY shall provide the following funding/financial responsibilities:
1) The COUNTY shall pay, up front, all personnel costs of the PERT Program (i.e., the fully weighted costs of salary and benefits for the BHSD PERT Clinician) in accordance with the COUNTY’s memorandum of understanding with applicable bargaining unit.
2) The COUNTY shall procure and supply the BHSD PERT Clinician with a laptop and cellphone. The initial and on-going costs for such equipment, maintenance and/or replacement shall be incurred by the COUNTY. The COUNTY shall retain ownership of the property at the conclusion of the MOA term. 3) The COUNTY shall pay for staff time and benefits as applicable. 4) The COUNTY is not obligated to provide services for which no reimbursement will be made when the CITY’s maximum financial obligation has been fully exhausted.

b. The CITY shall provide the following funding/financial responsibilities:
1) The CITY shall reimburse County for the salary and benefits of the BHSD PERT Clinician. The maximum financial obligation of CITY shall not exceed $180,000.

The CITY shall not be liable for any costs above this amount. 2) The CITY shall provide the BHSD PERT Clinician with a fitted protective vest at its sole expense.
3) The CITY shall pay for related expenses such as the registration, meal per diem, and lodging for any required attendance by the BHSD PERT Clinician to any conference, workshop, or training program(s).
c. Both the COUNTY and CITY shall collaboratively determine what training, if any, is necessary during the duration of the MOA.

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3.3 Staffing. The CITY shall be involved with the process for identifying the COUNTY PERT Clinician to work with CPD as part of the Mobil Crisis Response Team (MCRT). The pilot program shall consist of one (1) full time clinician who must be licensed to provide mental health services by appropriate State of California licensing authorities.
a. The COUNTY PERT Clinician shall be required to participate in a CITY civilian background investigation and be fingerprinted, with subsequent arrest notification, prior to beginning work with the CITY.
b. The CITY shall issue the COUNTY PERT Clinician basic tools to perform their duties and provide access to certain CITY facilities.
c. The COUNTY PERT Clinician shall follow all CITY polices while performing services under this MOA.

3.4 Invoicing and Payment. The COUNTY shall be required to create and implement a timekeeping system to account for COUNTY staff time to be validated by CITY staff. In turn, the COUNTY shall invoice the CITY monthly for reimbursement. Both CITY and COUNTY representatives shall be required to monitor the monthly cost for the COUNTY PERT Clinician.

ARTICLE 4

MISCELLANEOUS PROVISIONS

4.1 Collaboration. Both the CITY and the COUNTY have jointly developed this MOA. All PERT Program partners are committed to working together to achieve the stated project goals through monthly meetings designed to develop and implement ation, as well as monitor and evaluate the project. PERT Program Partners shall meet informally and as often as needed.

4.2 Record Retention . The CITY and COUNTY shall maintain all documents and records which demonstrate performance under this MOA for a minimum period of three (3) years, from the date of termination or completion of this MOA.

4.3 Compliance with Non-Discrimination and Equal Opportunity Laws: The CITY and COUNTY shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the following: Santa Clara County’s policies for contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. CITY and COUNTY shall not discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.

California Public Records Act. The Parties are public agencies subject to the disclosure requirements of the California Public Records Act (“CPRA”). In the event either Party receives a CPRA request for records related to the PERT program the Parties shall collaborate to comply with the CPRA and to prevent disclosure of exempt records, such as medical or mental health records.

4.4 Records and Confidentiality. Records created by the BHSD PERT Clinician, even while operating in collaboration with CITY, shall be considered County records, free from the control and direction of any other party to this MOA. Such records will be subject to all federal, state, and local laws and regulations regarding the protection of client/patient privacy and confidentiality.

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Both Parties agree that all BHSD PERT Clinicians are County employees and shall follow the privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

The BHSD shall train all BHSD PERT Clinicians on federal, state, and local policies and procedures with respect to the confidentiality, use and/or disclosure of protected health information of clients as necessary and appropriate for the BHSD PERT Clinicians to perform their functions. The BHSD shall provide BHSD PERT Clinicians with the appropriate Health System(s) policies and procedures, which are subject to change from time to time. The BHSD reserves the right to take appropriate action for violation of its policies; such action may include immediate termination of any BHSD PERT Clinician who violates Federal, State, or local law and policy.

4.5 Contract Execution. Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County. This MOA may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each one shall be deemed an original.

4.6 Indemnification and Insurance

a. Indemnification. In lieu of and not withstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by Party shall not be shared pro rata but, instead, COUNTY and CITY agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party , its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this MOA. No party, nor any officer, board member or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegat ed to such other Parties under this MOA. b. Insurance. Without limiting the indemnification of either party to this Agreement, each party shall maintain or cause to be maintained throughout the term of the Agreement the following insurance coverage: (i) a policy of commercial general liability with limits of liability not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate; (ii) a policy of automobile liability with limits of liability not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate (iii) a policy of workers’ compensation providing statutory coverage; and (iv) such other insurance or self-insurance as shall be necessary to insure it against any claim or claims for damages arising under the Agreement.

Insurance afforded by a commercial general liability policy shall be endorsed to provide coverage to the other party of the Agreement as an additional insured. Each party to this Agreement shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. The requirements of this section may be satisfied by the provision of similar coverage through a self- insurance program.

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4.7 Notices. All notices required under the terms of this MOA will be in writing and must be transmitted by electronic mail or deposited in the United States Mail, certified mail, return receipt requested, addressed to the parties as set forth below:

COUNTY OF SANTA CLARA: CITY OF CAMPBELL:

Bruce Copley, Director Brian Loventhal
BHSD Access and Unplanned Services Office of the City Manager [email protected] [email protected]
S. Bascom Ave., Suite 200 70 N. First Street
San Jose, CA 95128 Campbell, CA 95008
(408) 885-3957 (408) 866-2777

Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

4.8 Miscellaneous provisions .
a. No Agency. It is understood that each of the Parties operate independently from one another and cannot enter into agreements or contracts as agents of the other. It is expressly understood and agreed that none of the Parties are in any way or for any purpose an agent of each other related to this MOA. b. No Assignment. No party to this MOA can assign any portion of this MOA without the other Parties’ prior written consent, unless otherwise stated herein.
c. Entire Agreement. This MOA contains the entire agreement of the Parties with respect to the matters contained herein, and each party acknowledges there were no other oral agreements, representations, warranties, or statements of fact made prior to or at the time of the signing of this Agreement. d. Severability. If any term or provision of this MOA is declared invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. e. Waiver. Waiver by any party of any portion of this MOA shall not constitute a waiver of the same or any other portion hereof.

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By signing below, each agency approves the conditions set forth in this MO A, as well as the submitted application and proposed project budget, and are authorized to execute this MOA on their respective entity’s behalf.

“COUNTY” County of Santa Clara

Matthew Hada Date
Chief Procurement Officer

“CITY” City of Campbell, a Municipal
Corporation and Charter City

_____________________________________
Brian Loventhal Date
City Manager

APPROVE AS TO FORM AND
LEGALITY:

___ ___________________________________
Deputy County Council Date

APPROVED AS TO FORM AND
LEGALITY:

______________________________________
Office of the City Attorney Date
City of Campbell
APPROVED:

_______________________________________
Sherri Terao, Ed. D Date Director
Behavioral Health Services Department

APPROVED:

_______________________________________
Vincent DePaul Robben Date
Health Care Financial Manager
County of Santa Clara Health System

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Council
Report
TITLE: Award a Service Agreement for the Management and Operation of the Heritage Theatre, and Authorize the City Manager to Execute Said Agreement (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution to award a service agreement for the management and operation of the Campbell Heritage Theatre and authorize the City Manager to execute said agreement.

BACKGROUND
On October 17, 2023, the City Council approved Resolution No. 13068, authorizing the issuance of a Request for Qualifications (RFQ) for management and operation of the Heritage Theatre. The RFQ solicited proposals from qualified firms to manage day to day operations and successfully book quality talent for a season of shows. The RFQ was advertised on October 18, 2023 and closed on November 15, 2023, with only one proposal submitted by the deadline.

DISCUSSION
The sole response was from the existing firm operating the Theatre, VenueTech Management Group. The proposal was evaluated by Recreation and Community Services Staff and reviewed with the City Manager. VenueTech has been managing and operating the Heritage Theatre since the reopening in 2004. Since that time VenueTech has established a good rapport with City staff and has continued to operate the building to meet the needs of the City. The proposal submitted continues to align with the goals of the City and will provide a seamless transition into the next fiscal year.

Staff and the VenueTech management team also met to discuss the proposal and have worked collaboratively to finalize a proposed agreement.

Staff recommends the City Council to award the service agreement to VenueTech Management Group for management and operation of the Campbell Heritage Theatre.

FISCAL IMPACT
Annual costs associated with this agreement are approved by City Council through the budget process. The proposed fee schedule includes a 5% increase to the management Item: 11
Category: CONSENT CALENDAR
Meeting Date: March 5, 2024
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fee and a 5% increase to the overhead costs associated with temporary personnel.

These increases will be reflected in the proposed budget for FY25.

Prepared by:

Natasha Bissell, Recreation and
Community Services Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution Award Agreement Theatre Management
b. Services Agreement Theatre Management_redline
c. Services Agreement Theatre Management_clean
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RESOLUTION NO.___________________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AWARDING A SERVICE AGREEMENT FOR THE MANAGEMENT AND OPERATION

OF THE HERITAGE THEATRE, AND AUTHORIZE THE CITY MANAGER TO

EXECUTE SAID AGREEMENT
WHEREAS, on October 17, 2023 the City Council adopted Resolution No. 13068, authorizing the issuance of a Request for Qualifications (RFQ) for management and operation of the Heritage Theatre; and
WHEREAS, VenueTech Management Group was the only firm to respond to the RFQ and has been managing and operating the Heritage Theatre since the reopening in 2004; and
WHEREAS, VenueTech Management Group has consistently operat ed the building to meet the needs of the City; and
WHEREAS, the proposal submitted by VenueTech Management Group continues to align with the goals of the City and will provide a seamless transition into the next fiscal year; and
WHEREAS, staff is recommending the City enter into an agreement with VenueTech Management Group to continue the management and operation of the Heritage Theatre; and
WHEREAS, the agreement includes a 5% increase to the existing management fee and will be incorporated into the FY25 budget process;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Campbell hereby adopt a resolution to award a service agreement for the management and operation of the Heritage Theatre and authorize the City Manager to execute said agreement.

PASSED AND ADOPTED this ____ day of __________, 2024 by the following roll call vote:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
APPROVED:
__________________________
Susan M. Landry, Mayor
ATTEST:

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Andrea Sanders, City Clerk

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CITY OF CAMPBELL

SERVICES AGREEMENT
This Agreement is entered into at Campbell, California on the day of ______________, 202__, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and __________________ (hereinafter referred to as "Provider").

WHEREAS, City desires to __secure professional management and consulting services for the THEATRE ____________________________________________; and WHEREAS, Provider represents that it has the expertise, means, and ability to perform said __professional services_____________________________________________________; NOW, THEREFORE, in consideration of each other's mutual promises, Provider and City agree as follows:

1. DEFINITIONS

1.1 “CITY Project Liaison” means that CITY employee, department head level or higher, as designated in writing by CITY to interface with VENUETECH to ensure open communication, coordination between the parties with respect to the management of THEATRE pursuant to this Agreement.

1.2 “Theatre” means the performing venue known as the Campbell Heritage Theatre, location at the Campbell Community Center in Campbell.

1.3 “Event” means an activity that occurs on the stage or in the lobby, or areas adjacent to the THEATRE as designated by CITY which may be open to the general public or to a private audience including but not limited to:

1.3.1 “Rental Event” means any approved Event produced at THEATRE by a THEATRE Client who shall be solely
responsible for all Event activities, including but not limited to, production, marketing, financial and other event related obligations pursuant the terms and conditions of a “Facility Rental Agreement”;

1.3.2 “In-House Event” means an Event produced at THEATRE at the request of or on behalf of CITY that may be open to the general public or may be for a private audience for which CITY is the primary or sole financial sponsor and/or underwriter, produced by VENUETECH or CITY.

1.3.3 “Co-Promoted Event” means an Event, which CITY may elect to produce with a THEATRE Client whereby both
CITY and THEATRE Client shall share, on a negotiated

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basis, in the potential financial profits and/or potential liabilities.

1.3.4 “Season of Events” means professional headliner shows featuring nationally recognized touring Performing Artist(s) which are packaged into a “Season of Events” and offered to the general public through the THEATRE In-House
Event program. The Season of Events is produced by
VENUETECH on behalf of CITY, subject to a budget
approved by the City Council.

1.3.5 “Event Days” means any day in which THEATRE is in use for any purpose to support any type of an Event. This
includes but is not limited to, rehearsal, technical staging of lights and sound, set up & strike of stage and actual
performance days. For the avoidance of doubt an Event
Day shall include days, which cannot be rented to other THEATRE Client(s) that are workdays used to support a
coming Event. Notwithstanding the foregoing, rehearsals or similar activities are not deemed to be an Event but are deemed to be Event Days.

1.4 “Merchandise Rights” means the rights for Performing Artists or other businesses, individuals or organizations to sell or distribute merchandise or products at the THEATRE at any time, which shall be negotiated exclusively by VENUETECH in exchange for a percentage of gross sales receipts for such merchandise, which shall be collected by VENUETECH and remitted to CITY.

1.5 “Performing Artist” means an individual or group of entertainers who perform in a wide range of performance disciplines including but not limited to a dramatic, musical or dance Event for an audience at THEATRE.

1.6 “Production Management Employee(s)” means those employees authorized by VENUETECH, who are qualified to provide professional consultation and expertise, including but not limited to the areas of production equipment, Event production, Contract Rider negotiation, Show Advance, stage equipment and production equipment. Authorized VENUETECH employees are solely and expressly limited to the Production Manager, President, Senior Vice President, and Vice President of VenueTech Management Group.

1.7 “Reporting Plan”. VENUETECH and CITY shall work together to develop a mutually agreeable plan, for tracking and reporting data related for the operation of the THEATRE. Such Reporting Plan shall be agreed to by the parties based upon past practices, on or the first day of the fiscal year. The Reporting Plan, as approved, shall form and be a part of the Services rendered by VENUETECH under the terms and conditions of this Agreement.

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1.8 “Scope of Services” means the services VENUETECH shall provide to CITY pursuant to the terms and conditions of this Agreement which is set forth in “Exhibit A – Scope of Services”, as mutually agreed upon by CITY and VENUETECH and incorporated into this Agreement.

1.9 “Show Advance” means in advance of the arrival of the Performing Artist, the process by which VENUETECH negotiates a Contract Rider to the Talent Contract to coordinate the production of an Event pursuant to the specific requirements of the Performing Artist’s performance at THEATRE. This may include but is not limited to such matters as performance times, load in times, rehearsal schedules, catering needs, travel needs, local transportation, lodging accommodations, stage employee requirements, equipment requirements, security requirements, ticketing specifications, marketing plans, press access, stage lighting plots, hairdressing and wardrobe requirements, and financial settlement procedures.

1.10 “Talent Agent”/“Talent Agency” means a company which on behalf of individual Performing Artists, represents, manages and negotiates the terms and conditions of Talent Contracts which will include but is not limited to talent fees, performance dates, routing schedules, travel and lodging accommodations, insurance provisions, marketing requirements, ticket prices, show budgets, Merchandise Rights, use or reproduction of artists intellectual property such as image for all media, and dsbox office profit splits.

1.11 “Talent Management” means a third party that directly manages the business and legal affairs of a Performing Artist. Talent Management is sometimes referred to as “Artist’s Management”.

1.12 “Talent Contract” means a binding agreement or executed contract between VENUETECH and a Performing Artist, Talent Agent, or Talent on behalf of CITY, which sets forth the terms and conditions by which the Performing Artists will perform an Event at the THEATRE. For the avoidance of doubt, in the entertainment industry it is a usual and customary practice to enter into binding Talent Contracts with electronic signatures.

Talent Contract shall include any Contract Riders.

1.13 “Talent Fees” means payments made to Performing Artist(s) in compensation for services payable traditionally in two payments as follows: a) 50% upon agreement of the Talent Contract, and b) 50% on day of the Event, prior to commencement of the Event; form of payment shall be at the sole discretion of the Performing Artist or Talent Agent and may include but not be limited to a) cashiers check, b) cash, c) commercial bank check, or d) wire transfer. Flexibility is required to conform to the Performing Artist or Talent Agent’s payment requirements which could require payment made directly to Talent Agency prior to the Event or differing percentage payments.

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that relate to VENUETECH’s requirements to support the event and a Performing Artist’s performance at THEATRE.

1.15 “THEATRE Client” means an individual, business, organization, City department or school sponsored class or organization, which is granted use of THEATRE by VENUETECH, on behalf of CITY, for an Event or Event Day which may be open to the general public or to a private audience.

1.16 “Theatre Manager” means a full time employee hired, trained and supervised by VENUETECH specifically for the management and operation of THEATRE. Theatre Manager shall perform their primary duties in CAMPBELL, California in an office provided by CITY, and may be assigned some duties, at the discretion of VENUETECH, in other locations, including but not limited, to its offices in San Francisco, California.

1.17 “Vendor” means a third party entity including but not limited to a company or individual who may provide lighting, sound or other technical expertise or equipment or services directly to VENUETECH on behalf of CITY at THEATRE.

1.18 “VENUETECH Executive Employees” means those specific executive officers of VENUETECH who are solely authorized by VENUETECH to bind VENUETECH and/or provide professional consultation and expertise with regards to the areas of theatre management, financial management, marketing, and booking & artist negotiation services. VENUETECH Executive Employees are limited to the John R. Lind, CEO, and Judy Barkett, President and Kristyn Jacobson, Executive Vice President of VenueTech Management Group.

1.19 “VENUETECH Project Manager” means that VENUETECH employee designated in writing by VENUETECH to interface with CITY to ensure open communication, coordination between the parties with respect to the management and operations of THEATRE pursuant to this Agreement.

VENUETECH Project Manager shall be limited to President, Senior Vice President or Vice President level employees.

1.20 “Wind-Down Period” means the final three months of the notice period during which both parties complete all necessary tasks that are reasonably necessary to allow the CITY to transition away from the services provided by VenueTech.

21. DUTIES OF PROVIDER

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

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

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

21.4 In performance of this Agreement by Provider, time will be of the essence.

21.5 Notwithstanding Section 21.4, Provider shall not be responsible for delay caused by activities or factors beyond Provider’s reasonable control, including delays or by reason of strikes, work slow-downs or stoppages, or acts of God.

21.6 Provider agrees to perform this Ag reement in accordance with the highest degree of skill and expertise exercised by members of Provider’s profession working on similar projects under similar circumstances.

21.7 Provider shall cooperate in good faith with City in all aspects of the performance of this Agreement.

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

12.9 The designated project manager for Provider shall be __Judy Barkett, President_________________. The Provider’s project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with the City and the City’s project coordinator. The authorized principal of Provider executing this Agreement for the Provider shall have authority to make decisions regarding changes in services, termination and other matters related to the performance of this agreement on behalf of Provider.

12.10 The Provider (and its employees, agents, representatives, and sub contractors), in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the City. The City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Provider meet specific standards consistent with the requirements of this Agreement without regard to the manner and means of accomplishment thereof. Subcontractors shall assume all of the rights, obligations and liabilities, applicable to it as an independent contractor hereunder. Provider represents and warrants that it (i) is fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agreement.

12.11 This Agreement contains provisions that permit mutually acceptable changes in

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the scope, character or complexity of the work if such changes become desirable or necessary as the work progresses. Adjustments to the basis of payment and to the time for performance of the work, if any, shall be established by a written contract amendment (approved and executed by the City) to accommodate the changes in work.

23. DUTIES OF CITY

3.1 City shall have the obligations set forth in Exhibit B – City Obligations attached hereto and incorporated herein by reference, and which shall be interpreted together and in harmony with this Agreement. In the event of any conflict between Exhibit B and this Agreement, this Agreement shall govern, control, and take precedence.

23.21 City shall furnish to Provider all available and pertinent data and information requested by Provider to facilitate the preparation of the documents called for in this Agreement.

Provider shall be entitled to reasonably rely on all such information.

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

3.4 Sole Authority to Approve & Adjust Budget. CITY shall have sole authority to approve the THEATRE budget as well as any mid-year adjustments, including adjustments to fees and rental rates charged to THEATRE Rental Clients.

3.5 Financial Responsibility of CITY. CITY accepts full financial responsibility for all operating costs associated with the operation of the Theatre. Additionally, CITY accepts full financial responsibility for all costs associated with the production of Events including In-house Events, Season of Events and/or Co-promoted Events that may be presented at THEATRE on CITY’s behalf.

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

4. MUTUAL OBLIGATIONS

4.1 Quick Timely Response. The Parties agree that a quick and timely response is an essential condition of this Agreement. CITY and VENUETECH agree that the management and consulting services provided for THEATRE by VENUETECH require excellent communication and performance of mutual obligations - such as the obligation to cooperate in good faith and fair dealing. Subject to Exhibit B – Obligations of CITY, CITY is required to give a quick and timely response when giving feedback requested by VENUETECH on the operation of the Theatre, including but not limited to decisions with respect to booking of the Season of Events. Delays in CITY’s obligation to respond will delay VENUETECH’s

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ability to fulfill its obligations, or the loss of programming opportunities for the Season of Events. Likewise the CITY requires VENUETECH to fully and timely perform its obligations in this Agreement.

4.2 Reporting Plan. VENUETECH and CITY shall work together to develop a mutually agreeable Reporting Plan for tracking and reporting data related to the operation of the THEATRE.

4.3 Changes to Scope of Services, Reporting Plan. CITY and VENUETECH may work together to modify or change the Scope of Services or Reporting Plan on an as needed basis.

Significant increases to the Scope of Services may result in an increase in Fees. All changes shall be mutually agreed upon and an amendment to this Agreement shall be executed by (i) an authorized party of CITY, and (ii) solely by the President, Judy Barkett, of VENUETECH.

4.4 VENUETECH is Not a Financial Partner. CITY and VENUETECH agree that VENUETECH is a management and operating company, and CITY does not view VENUETECH as a financial partner or investor or expect VENUETECH to participate in the financial profit or loss of THEATRE or the Events that take place at THEATRE.

35. COMPENSATION

35.1 For the full performance of the services described herein by Provider, City agrees to compensate Provider as provided in Exhibit C for all services and direct costs associated with the performance of the proj ect as provided for in the Scope of Services attached as Attachment AExhibit A in an amount not to exceed $________________, as follows:
a. Once each month, Provider shall submit for payment by City, an itemized invoice for services performed during the previous billing period. The invoice shall describe the services rendered and the title of the item of work, and shall list labor hours by personnel classification.

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

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

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35.3 City may order changes in the scope or character of services in writing, including decreasing the amount of Provider’s services. In the event that the work is decreased, Provider is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change. Under no conditions shall Provider make any changes to the work, either as additions or deductions, without the prior written order of the City. In the event, that the City determines that a change to the work or services from that specified in this Agreement is required, the contract time and/or actual costs reimbursable by the City for the project may be adjusted by contract amendment or change order to accommodate the changed work. The maximum not to exceed total amount specified in this Article 3 (Compensation) shall not be exceeded, unless authorized by written contract amendment or change order, approved and executed by the City. Provider shall obtain prior written approval for a revised fee schedule from the City before exceeding such fee schedule.

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

5.5 Emergency Closure Fee Reduction: In the event of a public health crisis, such as Covid-19, where due to a government mandated closure of the Heritage Theatre is necessary, the an emergency fee reduction will go into effect on the first of the month following the notification. Effective, July 1, 2021, t This Emergency Closure Fee Reduction shall be $9,300 per month, which shall be deducted from the monthly invoice .

This Emergency Closure Fee Reduction will be available to the City during any period of the emergency closure throughout the term of the agreement (i.e., applies during Covid -19 closure or any future closures caused by public health emergencies.) The Emergency Closure Fee Reduction shall continue from July 1, 2021 (or the initial date of any future closures) until the 1 st day of the month in which the City receives notice that the Heritage Theatre may open with live events. This reduction would not apply during any winddown period should City Council choose to defund the Heritage Theatre.

5.4(a) Meet and Confer CITY and VTECH agree to meet and confer regarding reimbursable labor costs at the following intervals to determine level of service CITY can afford during closure:
• Within first seven (7) days of mandated closure
• 30 days post closure
• 90 days post closure
• 120 days post closure
CITY will also provide City Council updated financial information at 30, 90, and 120 days post closure and provide an opportunity for the City Council to exercise Section 8, Subsection 8.6(c) CITY Votes to Defund THEATRE. If at any time City Council votes to defund the Heritage Theatre all provisions in 8.6(c) will be enforced.

64. SUBCONTRACTORS

64.1 Provider may not subcontract any services required under this Agreement without

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the prior written consent of the City.

64.2 Provider shall be responsible to City for the performance of any and all subcontractors who perform work under this contract, and any acts of negligence on their part.

Provider is solely responsible for all payments due to subcontractors.

75. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings, documents, papers, data, materials, photographs, negatives and other work products prepared by the Provider and/or its subcontractors in the performance of the services encompassed in this Agreement (whether in printed or electronic format) (“project- related documents and materials) shall be the property of the City and may be used on this project without the consent of the Provider or its subcontractors. City acknowledges that such drawings, documents, and other items are instruments of professional services intended for use only on the subject project. Provider agrees that all copyrights which arise from creation of the Project-related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Provider shall promptly provide to the City upon request, all finished and unfinished project-related documents and materials, produced or gathered by or on behalf of Provider that are in Provider’s possession, custody or control. Provider may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City’s right to promptly receive and use such documents and materials which are the sole and exclusive property of the City.

All copyrighted materials developed by VENUETECH (“Materials”) shall remain the property of VENUETECH and are protected by copyright. VENUETECH hereby grants, at no cost to CITY other than considerations contained in this Agreement, a fully executable, non-expiring, nontransferable license agreement to CITY for its use of the written Materials for THEATRE. This license agreement shall grant CITY the right to use Materials, including but not limited to any bid response, business plan or budget, for any public benefit purpose within the current and future geographic borders of CAMPBELL, California. CITY may make copies of Materials for its use, however agrees that it will not knowingly sell, give or otherwise transfer ownership or control of Materials to other individuals, agencies, organizations or businesses and will only use Materials for the benefit of the residents of CITY who through this Agreement have been granted limited rights to the benefits Materials. With the exception of this non-expiring license agreement granted to CITY, VENUETECH retains ownership (all right, title and interest to) of Materials, and copyright rights to VENUETECH’s ideas, concepts, materials, trade secrets and other intellectual properties created by VENUETECH for the CITY under the terms and conditions of this Agreement.

86. TERM, RENEWAL, & TERMINATION
Notwithstanding any other provision of this Agreement, City may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to Provider of such termination. In the event of such termination, Provider shall have the right and

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obligation to immediately assemble the work then in progress for the purpose of completing the work and turning over all materials and documents to City. In the event of such termination, Provider shall be compensated for all work and services performed to the point of termination in accordance with the payment provisions set forth in Section 3.1, unless the termination is for cause, in which event Provider need be compensated only to the extent required by law.

8.1 Initial Term The initial term of this Agreement shall be for a period of five (5) years , and shall commence on the 1 st day of July 2024, and shall expire on June 30, 2029. (Such period shall be referred to as the “Initial Term”).

8.2 Extension: At the written request of the CITY, delivered to VENUETECH no less than one hundred & eighty (180) days prior to the expiration of the then -current Term (specifically the dates set fort in 8.2(b) below (“ Notice Period”), then this Agreement may be extended for up to two (2) additional subsequent terms of three (3) years each (“Subsequent Term”) upon the same terms and conditions of then-current Agreement.

8.2(a) Notice Required. CITY agrees that it will provide a written notice of its intention to extend for an additional Term, or provide notice of its intention to not extend for an additional Term (“Notice”) on or before the “Notice Date”.

8.2(b) Notice Date. The Notice Date for Subsequent Term or Terms shall be on our before December 31, 2028, or on or before December 31, 2031 (“Notice Date(s)”).

8.2(c) Written Notice To Renew Received . Where the CITY sends written notice on or before the Notice Date, and where VENUETECH accepts and provides a written notice of acceptance no later than thirty (30) days from the date Notice is received, then the Subsequent Term shall commence on July 1 of the following year. Subsequent Terms would commence as follows: July 1, 2029, July 1, 2032.

8.2(d) Written Notice Not Received . In the event that CITY does not provide a written notice to VENUETECH by the Notice Date, then the Parties agree to cooperate to achieve a professional and orderly transition for the benefit of both Parties as more fully set forth below, and the Wind-Down Fee shall be due and payable as set forth in Section 8.10 in this Agreement.

8.2(e) Booking Services . For the avoidance of doubt, in the event that CITY elects to terminate this Agreement, or has not provided Notice by the Notice Date then VENUETECH shall cease all negotiation and booking of Season of Events and In-House Events.

8.3 Expiration of the Term. This Agreement shall terminate upon the expiration date of the then-current Term, unlessexeptexcept where
a. CITY has timely exercised its right to renew by extension of this Agreement as set forth above and VENUETECH has accepted such request to renew; or
b. where tThe CITY has not elected to exercise its right to an Extension, or

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c. where CITY has/has not provided written Notice of CITY’s intention to not renew to VENUETECH by the Notice Date.

8.4 Non-Renewal Transition Period. In the event that the Parties do not renew the Agreement, for any reason, then the Parties acknowledge that the express purpose the 180 day Notice Period (see 8.2 above) shall be to provide for an orderly and professional transition prior to the end of services performed by VENUETECH as set forth below.

8.5 Orderly & Professional Transition. The Parties agree that a notice period is required to facilitate a predictable, orderly and professional transition to some other form of management of THEATRE for the benefit of CITY and VENUETECH, as well as for the benefit of VENUETECH employees who will require notification of their potential change in employment; and further it is essential for VENUETECH to provide notification to Talent Agents, vendors, etc. collectively to provide for an orderly and smooth transition and winding down of services.

8.6 Termination.

8.6(a) Expiration of the Term. This Agreement shall terminate upon the expiration date of the current Term of the Agreement, unless CITY has exercised its’ right to Subsequent Term.

8.6(b) Notice of Intent to Terminate for Material Breach & Cure of Default. In the event of a material breach, the non-defaulting party shall provide notice of such potential material breach in writing to the defaulting party, stating the reasons for the notice. The defaulting party shall have a period of sixty (60) days to cure (“Cure Period”). Upon the expiration of the Cure Period and where cure is not achieved, this Agreement may be terminated by the provision of a final written sixty-day (60) notice of intent to terminate by the non-defaulting party.

8.6(c) CITY Votes to Defund THEATRE. In the event the City Council votes to not fund the operations of the THEATRE, then the CITY may terminate this Agreement by provision of a written Notice to VENUETECH of no less than 180 days as set forth in section 8.2 above; provided however, that in the event the City Council decides to re-fund the operations of the THEATRE within nine (9) months of the of the last day of VENUETECH’s provision of services to CITY under this Agreement (or from the last day of any extension thereof), then CITY shall reinstate VENUETECH on the same terms and conditions of this Agreement as amended, as of the date of cessation of services by VENUETECH.

8.6(d) Exercise by CITY under Article XVI of the State of California Constitution. Notwithstanding anything to the contrary CITY may terminate this Agreement by a provision of a 180-day written Notice to VENUETECH in order for CITY to be in compliance with Article XVI of the State of California Constitution (which provides in part that a CITY cannot obligate itself where funding is unavailable, provided however that the provisions of Section 8.6(c ) above shall apply.

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8.7 Effect of Termination - Records & Executory Contracts. Upon termination of this Agreement, for any reason, all of the records in VENUETECH's possession pertaining to the operation of THEATRE, together with all supplies, equipment, or other property of CITY in VENUETECH's possession shall be delivered to CITY.

Subject to Section 8.8 and 8.9 below, CITY shall retain responsibility for all executory contracts in effect for agreements including but not limited to Talent Contracts, fees, rental agreements and third party vendors.

8.8 Effect of Termination – Booking Talent Contracts. Upon the termination of this Agreement, for any reason, or upon the passing of the Notice Date without receipt of a Notice from CITY, or where either Party is subject to a notice of material breach which has not been cured during the Cure Period, then all duties and obligations of VENUETECH with respect to the negotiation and booking of In-House and Season of Events shall cease without further obligation. In no event shall CITY have the right to reduce, or by offset or deduction, any of the Fees due VENUETECH under the terms and conditions of this Agreement. For the avoidance of doubt the Parties acknowledge and agree to use their best efforts to avoid the instance of VENUETECH entering into any Talent Contract for Events for which VENUETECH will not have managerial authority of THEATRE at the time of performance, which is a material representation and covenant required by the agreement between VENUETECH and a Talent Agent(s) or Performing Artist(s) in a Talent Contract or Rider.

8.9 Effect of Termination – Existing Talent Contracts. VENUETECH shall have the right, at its sole discretion, to notify the Talent Agent(s) of any Performing Artist(s) under contract for Event dates that would occur after VENUETECH’s last day of scheduled management of THEATRE, that VENUETECH will no longer be managing THEATRE at the time such Event takes place.

8.9(a) Talent Agent/Artist Option. Each Performing Artist and their respective Talent Agent or Talent Manager shall be provided an option to reissue the Talent Contract in the name of CITY, or to cancel the Talent Contract, expressly because VENUETECH will no longer be in a position to provide professional event production as originally represented to Talent Agent(s);

8.9(b) No Control of Talent Agent/Artist Option. Decisions to reissue Talent Contracts will be made solely at the discretion of individual Performing Artists, Talent Agents, Talent Agencies or Talent Management, and shall be out of the control of VENUETECH. Any Fees or expenses (or forfeiture of Talent Contract deposits) charged by Talent Agents for the reissuance, cancellation or modification of Talent Contracts, shall be the responsibility of CITY.

8.9(c) CITY takes Talent/Agent Contract by Assignment. Thereafter any Talent Contract(s) which have not been reissued in the name of the CITY, or have not been cancelled, shall be assigned to CITY by VENUETECH, whereby CITY shall assume, without reservation or change, subject to the written consent of Performing Artist, Talent Agent or Talent Management, all rights, duties and obligations under such Talent Contracts, including but not limited to (i)

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responsibility for previously paid or unpaid contract deposits and final Talent Fees, and/or (ii) all contract and production requirements per the Contract Rider.

8.9(d) CITY Responsibility for EVENT Production. Should Performing Artist’s Event(s) occur after VENUETECH’s last day of management of THEATRE, whether or not the Talent Contract Riders have been reissued or remain in original form as assigned to CITY, then CITY shall be responsible for all production of the EVENT, and all other contract requirements of the Talent Contracts and/or Contract Riders.

8.10 Termination - Wind-Down Fee. Upon termination of this Agreement as set forth above, including Section 8.2(d) above, then during the final three (3) months of the Notice Period, VenueTech shall be paid a management expense of $8,000 per month, over and above all other Fees set forth in Exhibit C – Schedule of Fees, hereinafter the “Wind-Down Fee”. This Wind-Down Fee shall offset increased costs incurred by VENUETECH during the Wind-Down period and thereafter. Further CITY agrees in the event this Agreement is terminated for any reason at any time, including for an alleged material breach by either party, the Wind-Down Fee shall be deemed fully earned and shall be immediately due and payable. Commencing on the 1st of the month of the last three-month period of the Notice Period, the Wind-Down Fee shall be billed in three (3) monthly invoices of $8,000 each (i.e. expiration is July 1st, then invoices shall be April 1st, May 1st and June 1st) together with the specific invoices for all other fees together with all other fees and reimbursements due VENUETECH for each month, per this Agreement, which all shall be paid pursuant to the terms and conditions of this Agreement. VENUETECH agrees to waive the Wind-Down Fee in the event that the parties mutually agree to an extension of this Agreement for any Subsequent Term.

97. AUDIT AND INSPECTION
Provider shall permit authorized representatives of City to inspect and audit all data and records relating to its performance under this Agreement for a period of three years following acceptance of the final study.
108. EQUAL EMPLOYMENT OPPORTUNITY
Provider agrees to refrain from discriminatory employment practices on the basis of race, religious creed, color, sex, national origin, handicap, sexual orientation, or ancestry of any employee of, or applicant for employment with, such Provider or subcontractor. 119. INSURANCE AND INDEMNIFICATION
911.1 Provider agrees to indemnify, defend and hold harmless the City, its officers, agents and employees to the fullest extent allowed by law from any and all claims, demands, actions, causes of action, losses, damages, liabilities and costs of every nature, including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any claim, action or cause of action (including reasonable

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attorney’s fees and cost of suit), caused by, arising out of, or resulting from, or alleged to have been caused by, arise out of, or result from, in whole or in part, the use of the Heritage Theatre or the performance of this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole negligence or willful misconduct of City. With respect to any design professional services provided by ConsultantProvider, the ProviderConsultant agrees to indemnify, and hold harmless the CITY, its officers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, damages, liabilities and losses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the ProviderConsultant, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence, recklessness or willful misconduct of CITY.

CITY shall not be liable for acts of ProviderConsultant in performing services described herein.

Notwithstanding anything in this paragraph to the contrary, any defense costs charged to the design professional under this paragraph shall not exceed the design professional’s proportionate percentage of fault, except:

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

b. Where a project -specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis, then there shall be no limitation on the design professional's duty to provide a defense and cover the City's cost of defense.

City hereby agrees to indemnify and hold harmless the Provider, its officers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, damages, liabilities and losses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CITY, except for any claims, actions, causes of action, losses, damages, or liabilties proximately caused by the negligence, recklessness or willful misconduct of Provider. City agrees to indemnify, defend and hold harmless the Provider, its officers, agents and employees to the fullest extent allowed by law from any and all claims, demands, actions, causes of action, losses, damages, liabilities and costs of every nature, including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any claim, action or cause of action (including reasonable attorney’s fees and cost of suit), proximately caused by (a) the sole negligence or willful misconduct of the City, (b) any defect in the premises of the THEATRE, or (c) CITY Indemnity. CITY hereby agrees to indemnify, defend and hold harmless VENUETECH, its officers, agents, and employees, against all liability, obligations, claims, loss, and expense, including reasonable attorney fees (“Loss”), arising out of (i) any defect in the premises of THEATRE, or (ii) the failure of CITY to comply with any Federal, State

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and/or Local regulation regarding THEATRE, including but not limited to the Americans with Disabilities Act of 1990 as amended.

VENEUTECH Indemnity. VENUETECH hereby agrees to indemnify, defend and hold harmless CITY, its council members, officers, agents, and employees, against all liability, obligations, claims, loss, and expense, including reasonable attorney fees (“Loss”), arising out of the negligent performance or willful misconduct of VENUETECH, for for any Loss arising out of injuries suffered or allegedly suffered by VENUTECH employees or vendors (or employees of vendor) in the course of their employment or in the performance of the Services hereunder, except to the extent where such Loss results from the negligence or willful misconduct of CITY, its officers, agents or its, employees, or third parties who are not a part of this Agreement.

6.2 CITY Indemnity. CITY hereby agrees to indemnify, defend and hold harmless VENUETECH, its officers, agents, and employees, against all liability, obligations, claims, loss, and expense, including reasonable attorney fees (“Loss”), arising out of (i) any defect in the premises of THEATRE, or (ii) the failure of CITY to comply with any Federal, State and/or Local regulation regarding THEATRE, including but not limited to the Americans with Disabilities Act of 1990 as amended.

With respect to all matters other than those covered by the foregoing paragraph , Provider agrees to indemnify, defend (with counsel reasonably satisfactory to the CITY) and hold harmless the CITY, its officers, officials, directors, agents representatives, volunteers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, losses, damages, liabilities and costs of every nature, including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any claim, caused by or arising out of, or alleged to have been caused by or arise out of, in whole or in part, Provider’s performance under this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole negligence or willful misconduct of CITY. CITY shall not be liable for acts of Provider in performing services described herein.

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

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

The foregoing indemnity provisions are intended to fully allocate the parties’ risk of liability to third-parties; and there shall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Provider waives all rights to subrogation for any matters covered by the provisions of this section. Provider’sThe parties responsibility for such defense and indemnity obligations as set forth in this section shall survive the termination or completion of this Agreement for the full period of time allowed by law.

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911.2 Provider shall maintain insurance conforming to the following specifications to the fullest amount allowed by law for a minimum of _________four (4) years following the termination or completion of this Agreement:

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

1. Commercial General Liability;

2. Automotive;

3. Workers’ Compensation and Employer Liability; and

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

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

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

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

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

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

1. General Liability: $1,000,000 combined single limit per occurrence for bodily, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

3. Workers’ Compensation and Employer's Liability: Workers’

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Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident.

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

The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (as agreed to in this Agreement) before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.

D. Deductible and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City, and shall not reduce the limits of liability. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City, its agents, officers, attorneys, employees, and officials and volunteers ; or the Provider shall procure a bond guaranteeing payment of losses related to investigations, claim administration, and defense expenses. Policies containing any self-insured retention provision shall provide or be endorsed to provide that the self -insured retention may be satisfied by either the named insured or the City.

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

1. General Liability and Automobile Liability Coverage:
a. The City, its agents, officers, attorneys, employees, and officials and volunteers are to be covered as additional insureds as respects: liability arising out of this Agreement performed by or on behalf of the Provider, products and completed operations of the Provider, premises owned, occupied or used by the Provider, or automobiles owned, leased, hired or borrowed by the Provider. It is a requirement of this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is affords greater coverage. b. The Provider's insurance coverage shall be primary insurance as respects the City, its agents, officers, attorneys, employees, and officials and volunteers. Any insurance or self -insurance maintained by the City, its agents, officers, attorneys, employees, and officials and volunteers shall be excess of the

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Provider's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its agents, officers, attorneys, employees, and officials, and volunteers.
d. The Provider's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

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

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

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

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provisions with any sub-subcontractor. A copy of this Agreement will be furnished to the subcontractor on request. The Provider shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work, and will provide proof of compliance to the City.

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

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

12. VENUETECH OPERATING AUTHORITY

12.1 Authority to Enter into Agreements with Facility Clients. VENUETECH is hereby authorized to negotiate and enter into contracts on behalf of CITY with individuals, businesses and organizations that may be interested in renting THEATRE for the production of public and private Events at THEATRE not sponsored by CITY. Said agreements shall be in conformity with CITY's approved policies for operation of THEATRE.

12.2 Authority - Talent Contracts. VENUETECH is hereby authorized to negotiate and enter into Talent Contracts on behalf of CITY for In-House Events and the Season of Events. CITY shall be obligated by all the terms and conditions of each Talent Contract, including but not limited to fees required for talent and production requirements. The cost of talent fees shall be in conformance with the operating budget approved by CITY.

12.3 Exclusive Authority All Events. VENUETECH shall have the sole and exclusive right to negotiate on behalf of CITY with Talent Agents, Performing Artists, Talent Managements and other artists’ representatives for all Events at the THEATRE during the Term of this Agreement, provided that any exepenseexpense to the City is in conformance with the operating budget approved by CITY. CITY acknowledges that VENUETECH has developed good will and an outstanding professional reputation within the entertainment industry nationwide. These valuable established relationships with industry leaders include practices and methods and specific skills and expertise and experience, which are deemed to be trade secrets of VENUETECH. CITY agrees to refrain from contacting any Performing Artist or Talent Agent or Talent Management, or “talent buying companies” for Events at THEATRE. VENUETECH shall use its goodwill, expertise and experience, together with its trade secrets for the benefit of CITY and THEATRE in the booking of Performing Artists at THEATRE.

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12.4 Exclusive Authority Contract Riders. VENUETECH shall also have the sole and exclusive right to negotiate Contract Riders for In-House Events or Season of Events, or other agreements, on behalf of THEATRE and CITY, including but not limited to agreements with respect to (i) production requirements, (ii) selection and hiring of security staff for all Events at THEATRE, (iii) staffing requirements, (iv) bus and truck parking, (v) air transportation, (vi) ground transportation, (vii) lodging, (viii) catering services, (ix) merchandise rights, (x)financial settlement procedures, (xi)media rights, (xii) approval of marketing plans, (xiii) approval of use of artists image, and recorded materials, (xiv) media and public access to artists, (xv) backstage accessibility and other related issues, provided that any exepenseexpense to the City is in conformance with the operating budget approved by CITY.

12.5 Back Stage & Security. VENUETECH shall have the sole right to control access to backstage and on-stage areas when Performing Artists and their representatives are present and shall have the sole right to assign this control to individuals designated by such Performing Artists. In addition, VENUETECH shall have the sole right to select security employees for areas with stage and backstage access and to grant approval rights for this selection to Performing Artists or their designated representatives.

12.6 Meet & Greet with Artists. VENUETECH will make all reasonable efforts to accommodate CITY, its representatives, employees and guests, when requests are made to meet artists in secure backstage areas; however both parties acknowledge that these decisions will always be within the sole control of individual Performing Artists and their representatives.

12.7 Performing Artists’ Confidentiality. It is understood by both Parties that in most instances Performing Artists, Talent Agents and Talent Managers consider the terms of their Talent Contracts to be proprietary confidential information and will impose confidentiality requirements upon VENUETECH and expect that such information will be held in confidence.

To fulfill its duties under this Agreement, VENUETECH will be sharing confidential information with CITY. CITY therefore agrees to not disclose this information to third parties other than its advisors, officials, and key employees solely for the purpose of CITY’s receiving legal, tax, business, policy and financial advice., unless otherwise required by applicable law.

12.8 Day-To-Day Operations – General. It is agreed that VENUETECH shall have control over the day-to-day operation of THEATRE and shall make decisions on an ongoing basis relating to the operation and event production needs of the facilities of the THEATRE. The CITY Project Liaison shall work directly with VENUETECH as the communication link between CITY and VENUETECH, to provide approvals on a timely basis for programming decisions and shall be a resource for answering questions that may arise from time to time, provide guidance when community issues surface and to give general guidance to VENUETECH. CITY may elect to change this Project Liaison from time to time and will give VENUETECH written notification when it elects to do so.

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in the Business Plan. In addition to becoming a nuisance and being time consuming for CITY, this situation has the potential to undermine the VENUETECH employees assigned to the management of THEATRE and decrease their ability to achieve financial goals established for them. It is agreed that VENUETECH and CITY will meet quarterly, or on an as-needed basis, to discuss the effectiveness of these strategies and that VENUETECH will adjust operating policies to reflect the desires of CITY concerning this matter and the financial and public relations impact of this policy and the THEATRE business plan.

12.10 Right To Select Third Party Software. VENUETECH shall have the sole and exclusive right (subject to budget approval by the CITY) to select third party vendors for the provision of software and systems, including equipment, for the management of the box office, ticket sales and access control for THEATRE.

12.11 Right To Select Marketing Professionals. VENUETECH shall have the sole and exclusive right (subject to budget approval by the CITY) to select graphic designers, printers, web designers, marketing agencies and other marketing professionals for all work related to the operation of the Theatre, including its rental business and in-house productions. Subject to limitations of individual artists and their representatives, VenueTech shall further have the sole and exclusive right to authorize the use of images, depictions, photographs, video and audio reproduction of individual arts for promotion of events presented at the Theatre facilities.

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13. CONFIDENTIALITY
“Confidential Information” means any and all information of a proprietary or confidential nature, including all tangible or intangible property including but not limited to trade secrets, patents, or copyrights of either Party, pricing information, pricing or cost information related to Season of Events or Talent Contracts/Riders (“Confidential Information”). For purposes of this Agreement, Confidential Information does not include: (i) information learned from a third party entitled to disclose it and who is not in violation of a contractual, legal or fiduciary obligation to either Party, (ii) information which is or becomes known publicly through no fault of either Party, (iii) information already known by either Party prior to disclosure from the other Party, or (iv) or certain information CITY is required to disclose to the public.

14. NONSOLICITATION
No Solicitation. During any Term of this Agreement, and on the non -renewal, expiration or earlier termination of this or the then -current Agreement for any reason, CITY or any of its officers, agents or employees, for a period of twelve (12) months thereafter, shall not, either directly or indirectly (through any other successor management entity of THEATRE) (i) solicit, entice, or induce any employee to terminate employment with VENUETECH, without the express written consent of VENUETECH. Solicitation by CITY, or its successors or successor management entities of any VENUETECH employee, in contravention of this provision without written consent by VENUETECH, shall be deemed a material breach of this Agreement.

150. MISCELLANEOUS
105.1 This Agreement shall be binding on the heirs, executors, assigns and successors of Provider.
1015.2 Neither party may not assign this Agreement, or any portion hereof, without the prior written consent of the other.
105.3 This Agreement shall not be construed to alter, affect, or waive any lien or stop notice rights, which Provider may have for the performance of services pursuant to this Agreement.
150.4 Neither party’s waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant. 150.5 This Agreement contains the entire Agreement between City and Provider relating to the project and the provision of services to the project. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City

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and Provider.
150.6 If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on City and Provider. 105.7 This Agreement shall be governed and construed in accordance with the laws of the State of California.
150.8 This Agreement may be executed in counterparts and will be binding as executed. 105.9 All changes or amendments to this Agreement must be in writing and approved by all parties.
105.10 The term of this Agreement shall commence upon execution of the Agreement and terminate ___________________. Any extension of the Agreement shall be mutually agreed upon in writing and shall require an amendment to the Agreement signed by both parties. 150.11 Provider owes the City a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or participating in activities that conflict with the City’s interests in respect to the work and/or services and project. The Provider shall list current clients who may have a financial interest in the outcome of this Agreement. The Provider hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this agreement. Provider shall not make or participate in making or in any way attempt to use Provider’s position to influence a governmental decision in which Provider knows or has reason to know Provider has a direct or indirect financial interest other than the compensation promised by this Agreement. Provider will immediately advise the City if Provider learns of a financial interest of Provider's during the term of this Agreement. 105.12 This Agreement is entered into, and to be performed in Santa Clara County, California, and any action arising out of or related to this Agreement shall be maintained in a court of appropriate jurisdiction in Santa Clara County, California.

10.13 ADA Disclaimer. VENUETECH expressly disclaims any expertise, obligations or duty with respect to compliance with the Americans with Disabilities Act of 1990 as amended (“ADA”), and shall under no circumstances provide any oral or written advice or consultation to CITY or any other party with respect to compliance with the ADA for THEATRE.

10.14 Acknowledgement of Risk. CITY acknowledges that the production and promotion of Events in the entertainment and cultural arts industry have associated inherent risks, which include but are not limited to financial and other general liabilities.

Both parties also acknowledge that a decision to produce entertainment, recreation or cultural Events, or any specific Event, may at times be made by CITY for reasons other than financial profit potential and that at times CITY may elect to produce Events which will require financial subsidy in order to achieve other community service objectives. By

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entering into this Agreement, CITY represents and warrants that it has evaluated this risk, fully understands the implications of said risks and is willing and able to accept the financial obligations associated with this enterprise.

10.15 Arbitration. All disputes shall first be attempted to be settled by informal mediation between the parties. In the event an impasse is reached, all disputes shall be submitted to final and binding arbitration to a single arbitrator selected by the Parties. If the parties are unable to reach an agrementagreement as to the arbitrator, either party may petition the Superior Court for the County of Santa Clara to appoint a neutral arbitrator.

The arbitrator's decision shall be a final and binding determination and shall be fully enforceable as an arbitration award in any court having jurisdiction and venue over the parties by order of the court, which shall be under a sealed confidential agreement.

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

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

PROVIDER: ___________________
Attention: ___________
____________________
____________________
____________________

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

PROVIDER

By__________________________________________

Title ________________________________________

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CITY OF CAMPBELL

By _____________________________________________

Title ___________________________________________

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Exhibit A - Scope of Services and Fees

• Manage and operate the Campbell Heritage Theatre in accordance with policies approved by the City.
• Be responsible for all day -to-day functions and operations of the Campbell Heritage Theatre and shall operate the Theatre at all times in the public interest and in accordance with the highest professional and ethical standards.
• Hire, train and supervise all required full -time and part -time employees including but not limited to the Theatre Manager, box office manager, production manager, technical director, stage hands, technical staff, box office employees, ushers, ticket takers, volunteers and other employees as needed.
• Manage payroll and other employee systems.
• Provide adequate worker’s compensation insurance for all employees working at or on behalf of the Heritage Theatre.
• Represent the CITY with regard to use of the Heritage Theatre by third parties for the production of public and private events.
• Prepare and sign rental agreements, enforce City policies, ensure adequate insurance is maintained and collect fees from rental clients on behalf of the CITY. • Manage accounting records for all transactions and provide monthly reports to City’s financial team.
• Recommend operating budgets, track revenues and expenditures, develop programming models, rental rates, operating policies, business strategies and changes to the Business Plan to the City.
• Approval of policies and fees is the responsibility of the City Council • Execution of approved policies and fees is the responsibility of the CONTRACTOR.
• Manage all box office operations including, ticket sales, management and training of ticketing software, box office receipts, scheduling of patron seating, management of patron sales information, customer concerns or problems and administration of any other software systems utilized in the operation or management of the Heritage Theatre.
• Negotiate Talent Contracts for Performing Artists who will perform at the Heritage Theatre for events produced in-house on behalf of the CITY. • Negotiate Contract Riders and show advance services for those events to be produced in -house on behalf of the CITY including production requirements, staffing requirements, security, bus and truck parking, air transportation, ground transportation, lodging, catering services, merchandise rights, financial settlement procedures, media rights, approval of marketing plans, approval of use of artists image, approval of artists recorded materials, media and public access to artists, backstage accessibility and other issues.
• Manage the Theatre master calendar for performance, rehearsal, technical and

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production needs and maintenance schedules for all events during the term of the agreement.
• Negotiate and coordinate with third party caterers, concessionaires and other food and merchandise vendors as needed.
• Manage, coordinate or operate an in -house concession program that is approved by the CITY.
• Coordinate the event production needs of all rental clients including the provisions of production services, such as technical support, stage equipment, production staff, public catering, backstage catering, box office, ushers, ticket takers and other related services.
• Provide ongoing guidance and support to rental clients to best meet their needs for production, promotion, and other concerns as they arise. • Execute and administer all marketing requirements of all booked Professional Artists.
• Coordinate with Agents, Managers, or Agencies to develop and implement negotiated marketing and advertising plans for individually booked Professional Artists.
• When appropriate, coordinate personal appearances, interviews, and “meet -and- greets” with booked Professional Artists.
• Develop all marketing materials for season shows produced by the CITY. • Provide marketing materials and additional rental information to the Recreation and Community Services Department three times a year for Activity Guide mailer. • Write and implement the sales and marketing plan for all events hosted at the Heritage Theatre.
• Solicit sponsorships, program ads, and donations annually for season of shows produced by the City meeting agreed upon revenue targets. • Designate an employee to serve as an Ex -Officio member on the Friends of the Heritage Theatre Board (FOHT).
• Provide guidance, support and non -profit counselling to Friends of the Heritage Theatre.
• Attend monthly meetings with designated City personnel. • Attend monthly or as needed meetings with FOHT for board meetings and committee meetings.
• Work closely with Maintenance division to address any electrical, mechanical, structural, or plumbing issues.
• Develop capital plan in accordance with established equipment schedule. • Prepare documents, reports, or data as requested by City personnel. • Coordinate City volunteer program and manage, train, and recruit volunteers to assist with events at the Heritage Theatre.

End of Exhibit A

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Exhibit B – Obligations of the City
o Provide a safe building that is appropriate for public assembly and that meets fire safety, public access, local zoning and other local, state and federal requirements. o Provide VENUETECH with onsite office facilities including but not limited to furniture, telephone, internet, computers and copy machines.
o Provide VENUETECH with all tools and equipment required to operate the Theater safely, efficiently and professionally (including such items as automated box office systems, ticket printers, lighting and sound production equipment, tools, etc.) o Assign a CITY Project Liaison to interface with VENUETECH with regard to all aspects of the THEATRE operation and to provide coordination and communication between CITY and VENUETECH.
o Provide the funds required to operate the THEATRE, and approve the annual operating budget of the THEATRE subject to City Council approval and any mid-year adjustments as per CITY policy.
o Provide the funds required to produce the In-House Events and Season of Events at the THEATRE.
o CITY shall obtain, fund and maintain a “Merchant Account” for use in management of the Theatre.
o Provide VENUETECH with timely financial data and information in report form, and provide direction to VENUETECH concerning the operation of THEATRE, and the financial, business and community service goals of CITY regarding THEATRE. o Provide timely guidance to VENUETECH regarding community interests and needs of the overall mission and goals of CITY with regards to THEATRE. Specifically provide VENUETECH with direction relating to any requests that may be made by local nonprofit organizations for free or discounted use of THEATRE.
o Provide timely guidance to VENUETECH regarding the production of In-House Events or Season of Events.
o Provide timely ADA policies and procedures as per the terms of this Agreement and ensure that the THEATRE remains in compliance with ADA laws and other public safety considerations.

o Provide VENUETECH employees with training opportunities as same arises for CITY employees for relevant subject matter such as first aid, sexual harassment, hazardous materials.

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o CITY shall provide a hyper-text link to VENUETECH’s website at www.venuetech.com on the homepage of the web site or sites where CITY advertise or promotes the Heritage Theatre with a tag line acknowledgement that the “Heritage Theatre is managed by VenueTech Management Group”.
o CITY agrees that VENUETECH employees are allowed to wear distinctive logo clothing (hats and shirts) and photo ID Badges while at work at THEATRE. o Compensate VENUETECH timely for the services provided, as per the terms of this Agreement.

End of Exhibit B

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Exhibit C – Schedule of Fees

Management Fee $21,257.06 per
month

This monthly fee is inclusive of all required
consultation and management services,
including hours spent by the CEO, President,
Senior Vice President, and on -site Theatre
Manager. Fee is to be adjuste d based upon
CPI on 7/1/24.

Labor & Overhead
Reimbursement
Direct cost plus 40%
overhead

Direct costs include only the costs expressly
identified in this Exhibit. VenueTech will
provide all required labor for the agreed upon
scope of work and will be reimbursed
monthly (in arrears) for the wages of these
employees ( other than the President, Vice
President and Theatre Manager costs, which
are included in the Management Fee.)
VenueTech will be paid labor overhead equal
to forty percent (40%) of reimbursable wages
to offset personnel overhead costs, including
personnel management, worker’s
compensation insurance, unemployment
insurance, employer’s tax contributions,
payroll expenses, and other empl oyment
related costs. This applies to the total wages
earned by VenueTech employees assigned to
work at the Theatre, excluding the Theatre
Manager. This fee is not applied to any
employee benefit reimbursements. This fee
has increased from the current contract to
reflect current market rates.

Employee Benefits
Reimbursement
Direct cost with no
added overhead
Should the operation require additional full -
time personnel or should any part -time
employee work requirements exceed an
average of 30 work hours per week,
VenueTech will be reimbursed for the
provision of health insurance.

Insurance
Reimbursement
Direct Cost with no
added overhead
VenueTech will purchase an insurance policy
to cover general liability, non -owned
automobile and liquor liability (if required)

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for exposure specifically relating to the
Theatre operation and public events. The
direct cost of this insurance will be included
in the annual operating budget and will be
reimbursed to VenueTech. Within the
entertainment industry, underwriters typically
quote fees for this type of policy based on
total attendance.

Annual Research
Reimbursement
$3,000.00 In January of each year, VenueTech is to be
reimbursed an annual research expense to
help offset the costs associated with the
collection of industry data, artists touring data
and other information required for the
booking of talent.

Cell Phone Cost Direct cost The City shall pay directly or shall reimburse VenueTech for the direct monthly costs of the
provision of cell phones for the Theatre
Manager and the Production Manager
assigned to work at the Heritage Theatre.

Employee Training Direct cost The CITY shall p rovide at its cost or shall reimburse VenueTech for the costs associated
with the provision of required training for
Theatre personnel.

Annual Fee
Increase
CPI adjustment This annual fee increase will apply to all fees included in the Agreement; however, it will
not apply to “direct cost” reimbursement
including the 40% personnel overhead. The
CPI adjustment will be measured by year -
over-year CPI for July based on the San
Francisco Bay Area.

*VenueTech invoices for Management Fees one month in advance, and for labor and other reimbursements in arrears.

Additional positions will be assigned to work for the Heritage Theatre and billed on a reimbursable basis plus overhead should VenueTech Management Group be selected by the City of Campbell to continue as the Theatre Management firm. Our business model includes cross training of employees in many positions so the same employee might work in more than one position. The following chart itemizes the additional positions necessary to provide the Scope of Services described in the RFQ.

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Position Compensation Range
Production Manager for National Touring Shows: $50 to $75 per hour Production Manager (In-House): $32 to $55 per hour
Technicians and Stagehands: $21 to $40
Box Office Manager: $21 to $35 per hour
Volunteer Coordinator: $21 to $35 per hour
Box Office Staff: $18 to $30 per hour
House Managers: $18 - $30 per hour
Marketing & Media Relations: $35 - $50 per hour

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CITY OF CAMPBELL

SERVICES AGREEMENT
This Agreement is entered into at Campbell, California on the day of ___________, 20 24, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and VenueTech Management Group (hereinafter referred to as "Provider").

WHEREAS, City desires to secure professional management and consulting services for the THEATRE; and
WHEREAS, Provider represents that it has the expertise, means, and ability to perform said professional services;
NOW, THEREFORE, in consideration of each other's mutual promises, Provider and City agree as follows:

1. DEFINITIONS

1.1 “CITY Project Liaison ” means that CITY employee, department head level or higher, as designated in writing by CITY to interface with VENUETECH to ensure open communication, coordination between the parties with respect to the management of THEATRE pursuant to this Agreement.

1.2 “Theatre” means the performing venue known as the Campbell Heritage Theatre, location at the Campbell Community Center in Campbell.

1.3.1 “Rental Event” means any approved Event produced at THEATRE by a THEATRE Client who shall be solely responsible for all Event activities, including but not limited to, production, marketing, financial and other event related obligations pursuant the terms and conditions of a “Facility Rental Agreement”;

1.3.3 “Co-Promoted Event” means an Event, which CITY may elect to produce with a THEATRE Client whereby both CITY and THEATRE Client shall share, on a negotiated basis, in the potential financial profits and/or potential liabilities.

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1.3.4 “Season of Events ” means professional headliner shows featuring nationally recognized touring Performing Artist(s) which are packaged into a “Season of Events” and offered to the general public through the THEATRE In -House Event program. The Season of Events is produced by VENUETECH on behalf of CITY, subject to a budget approved by the City Council.

1.3.5 “Event Days ” means any day in which THEATRE is in use for any purpose to support any type of an Event. This includes but is not limited to, rehearsal, technical staging of lights and sound, set up & strike of stage and actual performance days. For the avoidance of doubt an Event Day shall include days, which cannot be rented to other THEATRE Client(s) that are workdays used to support a coming Event. Notwithstanding the foregoing, rehearsals or similar activities are not deemed to be an Event but are deemed to be Event Days.

1.4 “Merchandise Rights ” means the rights for Performing Artists or other businesses, individuals or organizations to sell or distribute merchandise or products at the THEATRE at any time, which shall be negotiated exclusively by VENUETECH in exchange for a percentage of gross sales receipts for such merchandise, which shall be collected by VENUETECH and remitted to CITY.

1.6 “Production Management Employee(s) ” means those employees authorized by VENUETECH, who are qualified to provide professional consultation and expertise, including but not limited to the areas of production equipment, Event production, Contract Rider negotiation, Show Advance, stage equipment and production equipment. Authorized VENUETECH employees are solely and expressly limited to the Production Manager, President, Senior Vice President, and Vice President of VenueTech Management Group.

1.7 “Reporting Plan” . VENUETECH and CITY shall work together to develop a mutually agreeable plan, for tracking and reporting data related for the operation of the THEATRE. Such Reporting Plan shall be agreed to by the parties based upon past practices, on or the first day of the fiscal year. The Reporting Plan, as approved, shall form and be a part of the Services rendered by VENUETECH under the terms and conditions of this Agreement.

1.8 “Scope of Services ” means the services VENUETECH shall provide to CITY pursuant to the terms and conditions of this Agreement which is set forth in “Exhibit A – Scope of Services”, as mutually agreed upon by CITY and VENUETECH and incorporated into this Agreement.

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lodging accommodations, stage employee requirements, equipment requirements, security requirements, ticketing specifications, marketing plans, press access, stage lighting plots, hairdressing and wardrobe requirements, and financial settlement procedures.

1.12 “Talent Contract ” means a binding agreement or executed contract between VENUETECH and a Performing Artist, Talent Agent, or Talent on behalf of CITY, which sets forth the terms and conditions by which the Performing Artists will perform an Event at the THEATRE. For the avoidance of doubt, in the entertainment industry it is a usual and customary practice to enter into binding Talent Contracts with electronic signatures . Talent Contract shall include any Contract Riders.

Flexibility is required to conform to the Performing Artist or Talent Agent’s payment requirements which could require payment made directly to Talent Agency prior to the Event or differing percentage payments.

1.14 “Contract Rider” means an addendum or group of addenda to a Talent Contract, which may include but not be limited to a) technical and production requirements, b) hospitality, c) staffing requirements and schedules, or issues that relate to VENUETECH’s requirements to support the event and a Performing Artist’s performance at THEATRE.

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1.19 “VENUETECH Project Manager ” means that VENUETECH employee designated in writing by VENUETECH to interface with CITY to ensure open communication, coordination between the parties with respect to the management and operations of THEATRE pursuant to this Agreement. VENUETECH Project Manager shall be limited to President, Senior Vice President or Vice President level employees.

2. DUTIES OF PROVIDER

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

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

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

2.4 In performance of this Agreement by Provider, time will be of the essence.

2.5 Notwithstanding Section 2.4, Provider shall not be responsible for delay caused by activities or factors beyond Provider’s reasonable control, including delays or by reason of strikes, work slow-downs or stoppages, or acts of God.

2.6 Provider agrees to perform this Ag reement in accordance with the highest degree of skill and expertise exercised by members of Provider’s profession working on similar projects under similar circumstances.

2.7 Provider shall cooperate in good faith with City in all aspects of the performance of this Agreement.

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

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2.9 The designated project manager for Provider shall be Judy Barkett, President .

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

2.10 The Provider (and its employees, agents, representatives, and sub contractors), in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the City. The City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Provider meet specific standards consistent with the requirements of this Agreement without regard to the manner and means of accomplishment thereof. Subcontractors shall assume all of the rights, obligations and liabilities, applicable to it as an independent contractor hereunder. Provider represents and warrants that it (i) is fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agreement.

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

3. DUTIES OF CITY

3.2 City shall furnish to Provider all available and pertinent data and information requested by Provider to facilitate the preparation of the documents called for in this Agreement.

Provider shall be entitled to reasonably rely on all such information.

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

3.4 Sole Authority to Approve & Adjust Budget . CITY shall have sole authority to

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approve the THEATRE budget as well as any mid -year adjustments, including adjustments to fees and rental rates charged to THEATRE Rental Clients.

3.5 Financial Responsibility of CITY. CITY accepts full financial responsibility for all operating costs associated with the operation of the Theatre. Additionally, CITY accepts full financial responsibility for all costs associated with the production of Events including In -house Events, Season of Events and/or Co -promoted Events that may be presented at THEATRE on CITY’s behalf.

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

4. MUTUAL OBLIGATIONS

4.2 Reporting Plan. VENUETECH and CITY shall work together to develop a mutually agreeable Reporting Plan for tracking and reporting data related to the operation of the THEATRE.

4.3 Changes to Scope of Services, Reporting Plan. CITY and VENUETECH may work together to modify or change the Scope of Services or Reporting Plan on an as needed basis.

5. COMPENSATION

5.1 For the full performance of the services described herein by Provider, City agrees to compensate Provider as provided in Exhibit C for all services and direct costs associated with the performance of the proj ect as provided for in the Scope of Services attached as Exhibit A once each month, Provider shall submit for payment by City, an itemized invoice for services performed during the previous billing period. The invoice shall describe the services rendered

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and the title of the item of work, and shall list labor hours by personnel classification. Said invoice shall be based on all labor and direct expense charges made for work performed on the project. Labor charges shall be in accordance with the f ee schedule found in Exhibit C of this Agreement. City shall pay Provider for services rendered and approved by the City within 30 days from the date the itemized invoice is received by the City , subject to the City’s right to object.

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

5.3 Provider shall obtain prior written approval for a revised fee schedule from the City before exceeding such fee schedule.

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

5.5 Emergency Closure Fee Reduction: In the event of a public health crisis, such as Covid-19, where due to a government mandated closure of the Heritage Theatre is necessary, an emergency fee reduction will go into effect on the first of the month following the notification. This Emergency Closure Fee Reduction shall be $9,300 per month, which shall be deducted from the monthly invoice. This Emergency Closure Fee Reduction will be available to the City during any period of the emergency closure throughout the term of the agreement (i.e., applies during Covid -19 closure or any future closures caused by public health emergencies.) The Emergency Closure Fee Reduction shall continue from the initial date of any future closures until the 1 st day of the month in which the City receives notice that the Heritage Theatre may open with live events. This reduction would not apply during any winddown period should City Council choose to defund the Heritage Theatre.

5.5.1 Meet and Confer CITY and VTECH agree to meet and confer regarding reimbursable labor costs at the following intervals to determine level of service CITY can afford during closure:
• Within first seven (7) days of mandated closure
• 30 days post closure
• 90 days post closure
• 120 days post closure
CITY will also provide City Council updated financial information at 30, 90, and 120 days post closure and provide an opportunity for the City Council to exercise Section 8, Subsection 8.6(c) CITY Votes to Defund THEATRE. If at any time City Council votes to defund the Heritage Theatre all provisions in 8.6.3 will be enforced.

6. SUBCONTRACTORS

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

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6.2 Provider shall be responsible to City for the performance of any and all subcontractors who perform work under this contract, and any acts of negligence on their part.

Provider is solely responsible for all payments due to subcontractors.

7. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings, documents, papers, data, materials, photographs, negatives and other work products prepared by the Provider and/or its subcontractors in the performance of the services encompassed in this Agreement (whether in printed or electronic format) (“project - related documents and materials) shall be the property of the City and may be used on this project without the consent of the Provider or its subcontractors. City acknowledges that such drawings, documents, and other items are instruments of professional services intended for use only on the subject project. Provider agrees that all copyrights which arise from creation of the Project-related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Provider shall promptly provide to the City upon request, all finished and unfinished project-related documents and materials, produced or gathered by or on behalf of Provider that are in Provider’s possession, custody or control. Provider may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City’s right to promptly receive and use such documents and materials which are the sole and exclusive property of the City.

This license agreement shall grant CITY the right to use Materials, including but not limited to any bid response, business plan or budget, for any public benefit purpose within the current and future geographic borders of CAMPBELL, California. CITY may make copies of Materials for its use, however agrees that it will not knowingly sell, give or otherwise transfer ownership or control of Materials to other individuals, agencies, organizations or businesses and will only use Materials for the benefit of the residents of CITY who through this Agreement have been granted limited rights to the benefits Materials. With the exception of this non -expiring license agreement granted to CITY, VENUETECH retains ownership (all right, title and interest to) of Materials, and copyright rights to VENUETECH’s ideas, concepts, materials, trade secrets and other intellectual properties created by VENUETECH for the CITY under the terms and conditions of this Agreement.

8. TERM, RENEWAL, & TERMINATION

8.1 Initial Term The initial term of this Agreement shall be for a period of five (5) years, and shall commence on the 1 st day of July 2024, and shall expire on June 30, 2029. (Such

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period shall be referred to as the “Initial Term”).

8.2.1 Notice Required . CITY agrees that it will provide a written notice of its intention to extend for an additional Term, or provide notice of its intention to not extend for an additional Term (“Notice”) on or before the “Notice Date”.

8.2.2 Notice Date. The Notice Date for Subsequent Term or Terms shall be on or before December 31, 2028, or on or before December 31, 2031 (“N otice Date(s)”).

8.2.3 Written Notice To Renew Received . Where the CITY sends written notice on or before the Notice Date, and where VENUETECH accepts and provides a written notice of acceptance no later than thirty (30) days from the date Notice is received, then the Subsequent Term shall commence on July 1 of the following year. Subsequent Terms would commence as follows: July 1, 2029, July 1, 2032.

8.2.4 Written Notice Not Received . In the event that CITY does not provide a written notice to VENUETECH by the Notice Date, then the Parties agree to cooperate to achieve a professional and orderly transition for the benefit of both Parties as more fully set forth below, and the Wind -Down Fee shall be due and payable as set forth in Section 8.10 in this Agreement.

8.2.5 Booking Services. For the avoidance of doubt, in the event that CITY elects to terminate this Agreement, or has not provided Notice by the Notice Date then VENUETECH shall cease all negotiation and booking of Season of Events and In-House Events.

8.3 Expiration of the Term. This Agreement shall terminate upon the expiration date of the then-current Term, except where
a. CITY has timely exercised its right to renew by extension of this Agreement as set forth above and VENUETECH has accepted such request to renew; or
b. The CITY has not elected to exercise its right to an Extension, or c. CITY has/has not provided written Notice of CITY’s intention to not renew to VENUETECH by the Notice Date.

8.4 Non-Renewal Transition Period . In the event that the Parties do not renew the Agreement, for any reason, then the Parties acknowledge that the express purpose the 180 day

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Notice Period (see 8.2 above) shall be to provide for an orderly and professional transition prior to the end of services performed by VENUETECH as set forth below.

8.5 Orderly & Professional Transition . The Parties agree that a notice period is required to facilitate a predictable, orderly and professional transition to some other form of management of THEATRE for the benefit of CITY and VENUETECH, as well as for the benefit of VENUETECH employees who will require notification of their potential change in employment; and further it is essential for VENUETECH to provide notification to Talent Agents, vendors, etc. collectively to provide for an orderly and smooth transition and winding down of services.

8.6 Termination.

8.6.1 Expiration of the Term . This Agreement shall terminate upon the expiration date of the current Term of the Agreement, unless CITY has exercised its’ right to Subsequent Term.

8.6.2 Notice of Intent to Terminate for Material Breach & Cure of Default . In the event of a material breach, the non -defaulting party shall provide notice of such potential material breach in writing to the defaulting party, stating the reasons for the notice. The defaulting party shall have a period of sixty (60) days to cure (“Cure Period”). Upon the expiration of the Cure Period and where cure is not achieved, this Agreement may be terminated by the provision of a final written sixty -day (60) notice of intent to terminate by the non-defaulting party.

8.6.3 CITY Votes to Defund THEATRE . In the event the City Council votes to not fund the operations of the THEATRE, then the CITY may terminate this Agreement by provision of a written Notice to VENUETECH of no less than 180 days as set forth in section 8.2 above; provided however, that in the event the City Council decides to re -fund the operations of the THEATRE within nine (9) months of the of the last day of VENUETECH’s provision of services to CITY under this Agreement (or from the last day of any extension thereof), then CITY shall reinstate VENUETECH on the same terms and conditions of this Agreement as amended, as of the date of cessation of services by VENUETECH.

8.6.4 Exercise by CITY under Article XVI of the State of California Constitution .

Notwithstanding anything to the contrary CITY may terminate this Agreement by a provision of a 180 -day written Notice to VENUETECH in order for CITY to be in compliance with Article XVI of the State of California Constitution (which provides in part that a CITY cannot obligate itself where funding is unavailable, provided however that the provisions of Section 8.6(c ) above shall apply.

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VENUETECH's possession shall be delivered to CITY. Subject to Section 8.8 and 8.9 below, CITY shall retain responsibility for all executory contracts in effect for agreements including but not limited to Talent Contracts, fees, rental agreements and third party vendors.

8.8 Effect of Termination – Booking Talent Contracts . Upon the termination of this Agreement, for any reason, or upon the passing of the Notice Date without receipt of a Notice from CITY, or where either Party is subject to a notice of material breach which has not been cured during the Cure Period, then all duties and obligations of VENUETECH with respect to the negotiation and booking of In -House and Season of Events shall cease without further obligation. In no event shall CITY have the right to reduce, or by offset or deduction, any of the Fees due VENUETECH under the terms and conditions of this Agreement. For the avoidance of doubt the Parties acknowledge and agree to use their best efforts to avoid the instance of VENUETECH entering into any Talent Contract for Events for which VENUETECH will not have managerial authority of THEATRE at the time of performance, which is a material representation and covenant required by the agreement between VENUETECH and a Talent Agent(s) or Performing Artist(s) in a Talent Contract or Rider.

8.9.1 Talent Agent/Artist Option. Each Performing Artist and their respective Talent Agent or Talent Manager shall be provided an option to reissue the Talent Contract in the name of CITY, or to cancel the Talent Contract, expressly because VENUETECH will no longer be in a position to provide professional event production as originally represented to Talent Agent(s);

8.9.2 No Control of Talent Agent/Artist Option. Decisions to reissue Talent Contracts will be made solely at the discretion of individual Performing Artists, Talent Agents, Talent Agencies or Talent Management, and shall be out of the control of VENUETECH. Any Fees or expenses (or forfeiture of Talent Contract deposits) charged by Talent Agents for the reissuance, cancellation or modification of Talent Contracts, shall be the responsibility of CITY.

8.9.3 CITY takes Talent/Agent Contract by Assignment. Thereafter any Talent Contract(s) which have not been reissued in the name of the CITY, or have not been cancelled, shall be assigned to CITY by VENUETECH, whereby CITY shall assume, without reservation or change, subject to the written consent of Performing Artist, Talent Agent or Talent Management, all rights, duties and obligations under such Talent Contracts, including but not limited to (i) responsibility for previously paid or unpaid contract deposits and final Talent Fees, and/or (ii) all contract and production requirements per the Contract Rider.

8.9.4 CITY Responsibility for EVENT Production. Should Performing Artist’s Event(s) occur after VENUETECH’s last day of management of THEATRE,

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whether or not the Talent Contract Riders have been reissued or remain in original form as assigned to CITY, then CITY shall be responsible for all production of the EVENT, and all other contract requirements of the Talent Contracts and/or Contract Riders.

8.10 Termination - Wind-Down Fee. Upon termination of this Agreement as set forth above, including Section 8.2(d) above, then during the final three (3) months of the Notice Period, VenueTech shall be paid a management expense of $8,000 per month, over and above all other Fees set forth in Exhibit C – Schedule of Fees, hereinafter the “Wind -Down Fee”. This Wind-Down Fee shall offset increased costs incurred by VENUETECH during the Wind -Down period and thereafter. Further CITY agrees in the event this Agreement is terminated for any reason at any time, including for an alleged material breach by either party, the Wind -Down Fee shall be deemed fully earned and shall be immediately due and payable. Commencing on the 1 st of the month of the last three -month period of the Notice Period, the Wind -Down Fee shall be billed in three (3) monthly invoices of $8,000 each (i.e. expiration is July 1 st, then invoices shall be April 1 st, May 1 st and June 1 st) together with the specific invoices for all other fees together with all other fees and reimbursements due VENUETECH for each month, per this Agreement, which all shall be paid pursuant to the terms and conditions of this Agreement. VENUETECH agrees to waive the Wind -Down Fee in the event that the parties mutually agree to an extension of this Agreement for any Subsequent Term.

9. AUDIT AND INSPECTION
Provider shall permit authorized representatives of City to inspect and audit all data and records relating to its performance under this Agreement for a period of three years following acceptance of the final study.

10. EQUAL EMPLOYMENT OPPORTUNITY
Provider agrees to refrain from discriminatory employment practices on the basis of race, religious creed, color, sex, national origin, handicap, sexual orientation, or ancestry of any employee of, or applicant for employment with, such Provider or subcontractor.

11. INSURANCE AND INDEMNIFICATION

11.1 Provider agrees to indemnify, defend and hold harmless the City, its officers, agents and employees to the fullest extent allowed by law from any and all claims, demands, actions, causes of action, losses, damages, liabilities and costs of every nature, including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any claim, action or cause of action (including reasonable attorney’s fees and cost of suit), caused by, arising out of, or resulting from, or alleged to have been caused by, arise out of, or result from, in whole or in part, the use of the Heritage Theatre or the performance of this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the negligence or willful misconduct of City.

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11.2 City agrees to indemnify, defend and hold harmless the Provider, its officers, agents and employees to the fullest extent allowed by law from any and all claims, demands, actions, causes of action, losses, damages, liabilities and costs of every nature, including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any claim, action or cause of action (including reasonable attorney’s fees and cost of suit), proximately caused by (a) the negligence or willful misconduct of the City, (b) any defect in the premises of the THEATRE, or ( c) the failure of CITY to comply with any Federal, State and/or Local regulation regarding THEATRE, including but not limited to the Americans with Disabilities Act of 1990 as amended.

In no event shall this section be construed to require indemnification by the Provider to a greater extent than permitted under the public policy of the State of California.

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

The foregoing indemnity provisions are intended to fully allocate the parties’ risk of liability to third-parties; and there shall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Provider waives all rights to subrogation for any matters covered by the provisions of this section. The parties responsibility for such defense and indemnity obligations as set forth in this section shall survive the termination or completion of this Agreement for the full period of time allowed by law.

11.3 Provider shall maintain insurance conforming to the following specifications to the fullest amount allowed by law for a minimum of four (4) years following the termination or completion of this Agreement:

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

1. Commercial General Liability;

2. Automotive;

3. Workers’ Compensation and Employer Liability; and

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

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

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

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

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

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

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

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

D. Deductible and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City, and shall not reduce the limits of liability. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City, its agents, officers, attorneys, employees, and officials; or the Provider shall procure a bond guaranteeing payment of losses related to investigations, claim administration, and defense expenses. Policies containing any self-insured retention provision shall provide or be endorsed to provide that the self-insured retention may be satisfied by either the named insured or the City.

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

1. General Liability and Automobile Liability Coverage:
a. The City, its agents, officers, attorneys, employees, and officials are to be covered as additional insureds as respects: liability arising out of this Agreement performed by or on behalf of the Provider, products and completed operations of the Provider, premises owned, occupied or used by the Provider, or automobiles owned, leased, hired or borrowed by the Provider. It is a requirement of this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available to the City as an additional insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is affords greater coverage.
b. The Provider's insurance coverage shall be primary insurance as respects the City, its agents, officers, attorneys, employees, and officials. Any insurance or self -insurance maintained by the City, its agents, officers, attorneys, employees, and officials shall be excess of the Provider's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its agents, officers, attorneys, employees, and officials.
d. The Provider's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

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

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F. Subcontractors
Provider agrees that any and all contracts with subcontractors for performance of any matter under this Agreement shall require the subcontractors to comply with the same indemnity and insurance requirements set forth in this Agreement to the extent that they apply to the scope of the subcontractors’ work. Subcontractors are to be bound to contractor and to City in the same manner and to the same extent as the Provider is bound to City under this Agreement. Subcontractors shall further agree to include these same provisions with any sub-subcontractor. A copy of this Agreement will be furnished to the subcontractor on request. The Provider shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work, and will provide proof of compliance to the City.

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

12. VENUETECH OPERATING AUTHORITY

12.1 Authority to Enter into Agreements with Facility Clients . VENUETECH is hereby authorized to negotiate and enter into contracts on behalf of CITY with individuals,

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businesses and organizations that may be interested in renting THEATRE for the production of public and private Events at THEATRE not sponsored by CITY. Said agreements shall be in conformity with CITY's approved policies for operation of THEATRE.

12.2 Authority - Talent Contracts . VENUETECH is hereby authorized to negotiate and enter into Talent Contracts on behalf of CITY for In-House Events and the Season of Events.

CITY shall be obligated by all the terms and conditions of each Talent Contract, including but not limited to fees required for talent and production requirements. The cost of talent fees shall be in conformance with the operating budget approved by CITY.

12.3 Exclusive Authority All Events. VENUETECH shall have the sole and exclusive right to negotiate on behalf of CITY with Talent Agents, Performing Artists, Talent Managements and other artists’ representatives for all Events at the THEATRE during the Term of this Agreement , provided that any expense to the City is in conformance with the operating budget approved by CITY . CITY acknowledges that VENUETECH has developed good will and an outstanding professional reputation within the entertainment industry nationwide. These valuable established relationships with industry leaders include practices and methods and specific skills and expertise and experience, which are deemed to be trade secrets of VENUETECH. CITY agrees to refrain from contacting any Performing Artist or Talent Agent or Talent Management, or “talent buying companies” for Events at THEATRE. VENUETECH shall use its goodwill, expertise and experience, together with its trade secrets for the benefit of CITY and THEATRE in the booking of Performing Artists at THEATRE.

12.4 Exclusive Authority Contract Riders. VENUETECH shall also have the sole and exclusive right to negotiate Contract Riders for In -House Events or Season of Events, or other agreements, on behalf of THEATRE and CITY, including but not limited to agreements with respect to (i) production requirements, (ii) selection and hiring of security staff for all Events at THEATRE, (iii) staffing requirements, (iv) bus and truck parking, (v) air transportation, (vi) ground transportation, (vii) lodging, (viii) catering services, (ix) merchandise rights, (x)financial settlement procedures, (xi)media rights, (xii) approval of marketing plans, (xiii) approval of use of artists image, and recorded materials, (xiv) media and public access to artists, (xv) backstage accessibility and other related issues , provided that any exepense to the City is in conformance with the operating budget approved by CITY.

12.5 Back Stage & Security. VENUETECH shall have the sole right to control access to backstage and on -stage areas when Performing Artists and their representatives are present and shall have the sole right to assign this control to individuals designated by such Performing Artists. In addition, VENUETECH shall have the sole right to select security employees for areas with stage and backstage access and to grant approval rights for this selection to Performing Artists or their designated representatives.

12.6 Meet & Greet with Artists . VENUETECH will make all reasonable efforts to accommodate CITY, its representatives, employees and guests, when requests are made to meet artists in secure backstage areas; however both parties acknowledge that these decisions will always be within the sole control of individual Performing Artists and their representatives.

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requirements upon VENUETECH and expect that such information will be held in confidence.

12.8 Day-To-Day Operations – General. It is agreed that VENUETECH shall have control over the day -to-day operation of THEATRE and shall make decisions on an ongoing basis relating to the operation and event production needs of the facilities of the THEATRE. The CITY Project Liaison shall work directly with VENUETECH as the communication link between CITY and VENUETECH, to provide approvals on a timely basis for programming decisions and shall be a resource for answering questions that may arise from time to time, provide guidance when community issues surface and to give general guidance to VENUETECH. CITY may elect to change this Project Liaison from time to time and will give VENUETECH written notification when it elects to do so.

12.9 Handling of Requests for Special Treatment by Facility Clients . Both parties acknowledge that the THEATRE is a high-profile public building and that many nonprofit and other community organizations will wish to use the THEATRE for the presentation of events in the CAMPBELL region. In many instances, requests will be made to use THEATRE for discounted fees or at no cost. VENUETECH has developed strategies to shield the CITY from receiving direct solicitation from these individuals and groups and has included these provisions in the Business Plan. In addition to becoming a nuisance and being time consuming for CITY, this situation has the potential to undermine the VENUETECH employees assigned to the management of THEATRE and decrease their ability to achieve financial goals established for them. It is agreed that VENUETECH and CITY will meet quarterly, or on an as-needed basis, to discuss the effectiveness of these strategies and that VENUETECH will adjust operating policies to reflect the desires of CITY concerning this matter and the financial and public relations impact of this policy and the THEATRE business plan.

12.10 Right To Select Third Party Software . VENUETECH shall have the sole and exclusive right (subject to budget approval by the CITY) to select third party vendors for the provision of software and systems, including equipment, for the management of the box office, ticket sales and access control for THEATRE.

12.11 Right To Select Marketing Professionals . VENUETECH shall have the sole and exclusive right (subject to budget approval by the CITY) to select graphic designers, printers, web designers, marketing agencies and other marketing professionals for all work related to the operation of the Theatre, including its rental business and in -house productions. Subject to limitations of individual artists and their representatives, VenueTech shall further have the sole and exclusive right to authorize the use of images, depictions, photographs, video and audio reproduction of individual arts for promotion of events presented at the Theatre facilities.

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Events or Talent Contracts/Riders (“Confidential Information”). For purposes of this Agreement, Confidential Information does not include: (i) information learned from a third party entitled to disclose it and who is not in violation of a contractual, legal or fiduciary obligation to either Party, (ii) information which is or becomes known publicly through no fault of either Party, (iii) information already known by either Party prior to disclosure from the other Party, or (iv) or certain information CITY is required to disclose to the public.

14. NONSOLICITATION
No Solicitation . During any Term of this Agreement, and on the non -renewal, expiration or earlier termination of this or the then -current Agreement for any reason, CITY or any of its officers, agents or employees, for a period of twelve (12) months thereafter, shall not, either directly or indirectly (through any other successor management entity of THEATRE) (i) solicit, entice, or induce any employee to terminate employment with VENUETECH, without the express written consent of VENUETECH. Solicitation by CITY, or its successors or successor management entities of any VENUETECH employee, in contravention of this provision without written consent by VENUETECH, shall be deemed a material breach of this Agreement.

15. MISCELLANEOUS

15.1 This Agreement shall be binding on the heirs, executors, assigns and successors of Provider.

15.2 Neither party may not assign this Agreement, or any portion hereof, without the prior written consent of the other.

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

15.4 Neither party’s waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant.

15.5 This Agreement contains the entire Agreement between City and Provider relating to the project and the provision of services to the project. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Provider.

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

15.7 This Agreement shall be governed and construed in accordance with the laws of

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the State of California.

15.8 This Agreement may be executed in counterparts and will be binding as executed.

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

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

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

15.12 ADA Disclaimer. VENUETECH expressly disclaims any expertise, obligations or duty with respect to compliance with the Americans with Disabilities Act of 1990 as amended (“ADA”), and shall under no circumstances provide any oral or written advice or consultation to CITY or any other party with respect to compliance with the ADA for THEATRE.

15.13 Acknowledgement of Risk . CITY acknowledges that the production and promotion of Events in the entertainment and cultural arts industry have associated inherent risks, which include but are not limited to financial and other general liabilities. Both parties also acknowledge that a decision to produce entertainment, recreation or cultural Events, or any specific Event, may at times be made by CITY for reasons other than financial profit potential and that at times CITY may elect to produce Events which will require financial subsidy in order to achieve other community service objectives. By entering into this Agreement, CITY represents and warrants that it has evaluated this risk, fully understands the implications of said risks and is willing and able to accept the financial obligations associated with this enterprise.

15.14 Arbitration. All disputes shall first be attempted to be settled by informal mediation between the parties. In the event an impasse is reached, all disputes shall be submitted to final and binding arbitration to a single arbitrator selected by the Parties. If the parties are unable to reach an agreement as to the arbitrator, either party may petition the Superio r Court for the County of Santa Clara to appoint a neutral arbitrator. The arbitrator's decision shall be a final and binding determination and shall be fully enforceable as an arbitration award in any court having jurisdiction and venue over the parties by order of the court, which shall be under a sealed confidential agreement.

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

CITY: City of Campbell
Attention: Brian Loventhal, City Manager
70 North First Street
Campbell, CA 95008

PROVIDER: VenueTech Management Group
Attention: Judy Barkett
2269 Chestnut St. #960
San Francisco, CA 94123

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

PROVIDER

By__________________________________________

Title ________________________________________

CITY OF CAMPBELL

By _____________________________________________

Title ___________________________________________

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Exhibit A - Scope of Services

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production needs and maintenance schedules for all events during the term of the agreement.
• Negotiate and coordinate with third party caterers, concessionaires and other food and merchandise vendors as needed.
• Manage, coordinate or operate an in -house concession program that is approved by the CITY.
• Coordinate the event production needs of all rental clients including the provisions of production services, such as technical support, stage equipment, production staff, public catering, backstage catering, box office, ushers, ticket takers and other related services.
• Provide ongoing guidance and support to rental clients to best meet their needs for production, promotion, and other concerns as they arise. • Execute and administer all marketing requirements of all booked Professional Artists.
• Coordinate with Agents, Managers, or Agencies to develop and implement negotiated marketing and advertising plans for individually booked Professional Artists.
• When appropriate, coordinate personal appearances, interviews, and “meet -and- greets” with booked Professional Artists.
• Develop all marketing materials for season shows produced by the CITY. • Provide marketing materials and additional rental information to the Recreation and Community Services Department three times a year for Activity Guide mailer. • Write and implement the sales and marketing plan for all events hosted at the Heritage Theatre.
• Solicit sponsorships, program ads, and donations annually for season of shows produced by the City meeting agreed upon revenue targets. • Designate an employee to serve as an Ex -Officio member on the Friends of the Heritage Theatre Board (FOHT).
• Provide guidance, support and non -profit counselling to Friends of the Heritage Theatre.
• Attend monthly meetings with designated City personnel. • Attend monthly or as needed meetings with FOHT for board meetings and committee meetings.
• Work closely with Maintenance division to address any electrical, mechanical, structural, or plumbing issues.
• Develop capital plan in accordance with established equipment schedule. • Prepare documents, reports, or data as requested by City personnel. • Coordinate City volunteer program and manage, train, and recruit volunteers to assist with events at the Heritage Theatre.

End of Exhibit A

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Exhibit B – Obligations of the City

• Provide a safe building that is appropriate for public assembly and that meets fire safety, public access, local zoning and other local, state and federal requirements. • Provide VENUETECH with onsite office facilities including but not limited to furniture, telephone, internet, computers and copy machines. • Provide VENUETECH with all tools and equipment required to operate the Theater safely, efficiently and professionally (including such items as automated box office systems, ticket printers, lighting and sound production equipment, tools, etc.) • Assign a CITY Project Liaison to interface with VENUETECH with regard to all aspects of the THEATRE operation and to provide coordination and communication between CITY and VENUETECH.
• Provide the funds required to operate the THEATRE, and approve the annual operating budget of the THEATRE subject to City Council approval and any mid -year adjustments as per CITY policy.
• Provide the funds required to produce the In -House Events and Season of Events at the THEATRE.
• CITY shall obtain, fund and maintain a “Merchant Account” for use in management of the Theatre.
• Provide VENUETECH with timely financial data and information in report form, and provide direction to VENUETECH concerning the operation of THEATRE, and the financial, business and community service goals of CITY regarding THEATRE. • Provide timely guidance to VENUETECH regarding community interests and needs of the overall mission and goals of CITY with regards to THEATRE. Specifically provide VENUETECH with direction relating to any requests that may be made by local nonprofit organizations for free or discounted use of THEATRE. • Provide timely guidance to VENUETECH regarding the production of In-House Events or Season of Events.
• Provide timely ADA policies and procedures as per the terms of this Agreement and ensure that the THEATRE remains in compliance with ADA laws and other public safety considerations.
• Provide VENUETECH employees with training opportunities as same arises for CITY employees for relevant subject matter such as first aid, sexual harassment, hazardous materials.
• CITY shall provide a hyper -text link to VENUETECH’s website at www.venuetech.com on the homepage of the web site or sites where CITY advertise or promotes the Heritage Theatre with a tag line acknowledgement that the “Heritage Theatre is managed by VenueTech Management Group”.

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• CITY agrees that VENUETECH employees are allowed to wear distinctive logo clothing (hats and shirts) and photo ID Badges while at work at THEATRE. • Compensate VENUETECH timely for the services provided, as per the terms of this Agreement.

End of Exhibit B

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Exhibit C – Schedule of Fees

Management Fee $21,257.06 per
month

Labor & Overhead
Reimbursement
Direct cost plus 40%
overhead

Insurance
Reimbursement
Direct Cost with no
added overhead
VenueTech will purchase an insurance policy
to cover general liability, non -owned
automobile and liquor liability (if required)

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for exposure specifically relating to the
Theatre operation and public events. The
direct cost of this insurance will be included
in the annual operating budget and will be
reimbursed to VenueTech. Within the
entertainment industry, underwriters typically
quote fees for this type of policy based on
total attendance.

Employee Training Direct cost The CITY shall p rovide at its cost or shall reimburse VenueTech for the costs associated
with the provision of required training for
Theatre personnel.

*VenueTech invoices for Management Fees one month in advance, and for labor and other reimbursements in arrears.

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Position Compensation Range
Production Manager for National Touring Shows: $50 to $75 per hour Production Manager (In-House): $32 to $55 per hour
Technicians and Stagehands: $21 to $40
Box Office Manager: $21 to $35 per hour
Volunteer Coordinator: $21 to $35 per hour
Box Office Staff: $18 to $30 per hour
House Managers: $18 - $30 per hour
Marketing & Media Relations: $35 - $50 per hour

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Council
Report
TITLE: Public Hearing to Consider an Appeal of the Planning Commission’s Approval of a Site and Architectural Review Permit to Allow Construction of an Approximately 10,250 Square -Foot
Industrial/Warehouse Building, with an Exception to the Side Setback Requirement, on Property Located at 940/946 S McGlincy Lane. File No.: PLN-2022-215 (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution denying the appeal and upholding the Planning Commission's approval of a Site and Architectural Review Permit.

ENVIRONMENTAL DETERMINATION
The Planning Commission found that this project is Categorically Exempt from formal review under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In-Fill Development Projects which are found consistent with all applicable general plan policies and zoning regulations, are under five acres in size, and substantially surrounded by urban uses.

PROJECT DATA
Zoning Designation: LI (Light Industrial)
General Plan Designation: Light Industrial
Net Lot Area: 24,425 square-feet
Building Square Footage : 10,255 square feet
Building Height (New): 22 feet1 45 feet (Max. Allowed)
Building Setbacks (New): Proposed Required
Front (west): 10 ½ feet 10 feet
Side (north): 0 feet 5 feet2
1Building height is measured to the top "building's highest roof surface," excluding "parapet walls" (CMC Sec. 21.18.050). As such, the building height is measured to the top roof surface, which is concealed by the parapet.
2CMC Sec. 21.10.080.E, Table 2-13 allows the Planning Commission to permit a side setback of less than five feet where a property line abuts a non-residentially zoned property, when it finds that (1) the height of the building wall, inclusive of a parapet, adjacent to the side property line is no taller than 30 -feet Item: 12
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: March 5, 2024
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Side (south): 53 feet 5 feet
Rear (east): 10 feet 10 feet
Floor Area Ratio (FAR) .42 1.0 (Max. Allowed)
Parking: 14 stalls 0 stalls required (AB 2097)
Landscaping Area: 3,400 SF (18%) 1,954 SF (8%) Min.

BACKGROUND
Project Site: The project site is an approximately 24,424 square -foot parcel located on S. McGlincy Lane, north of Curtner Avenue, as shown on the aerial map, below. The site borders industrial uses to the north and south, and single -family residences to the east. The property is currently improved with a concrete surface used for vehicle parking. A Water District ("Valley Water") easement encumbers the rear 10 -feet of the property for an underground distribution pipeline.

Proposed Project: The submitted application for a Site and Architectural Review Permit would allow construction of a 10,255 square -foot industrial/warehouse building with associated site improvements including an exception to the side setback requirement, as described, further, below (reference Attachment B – Project Plans). Tenant(s) for the building have not been identified at this time.

Site Layout/Parking
The proposed industrial building would be placed at the northerly half of the lot, up against the northerly side property line at a zero setback, as shown on the site plan, on the following page. Although there is a minimum 5 -foot setback requirement, the City and limited to one-story; and (2) the proposed building is designed for and would be limited to general industrial use, including manufacturing, processing, warehousing, storage, assembly, and fabrication. 12 Packet Pg. 642
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Council may grant an exception for an industrial property as noted in footnote #2. 10 - foot setbacks would be provided at the front and rear of the building. The site would also be improved with on-site parking, a 25-foot wide drive-aisle, landscaping, an accessible path-of-travel, and a trash enclosure.

Under the State law AB-2097, the City is precluded from applying a parking standard for any project within one -half mile of major public transit. Since the Winchester Light -Rail Station is located less than one -half mile away from the project site (as the crow flies over Highway 17), no parking requirement applies. Nonetheless, the project provides 14 parking stalls, including one accessible stall (if the building was not exempt from parking requirements per AB-2097, 26 stalls would be required).

Landscaping
The property would be landscaped to accommodate the proposed project in compliance with the State's Model Water Efficient Landscaping Ordinance (MWELO). This would include the required landscaping along the front and rear of the property, and along the southerly property line. In total, the project would result in a landscaped area of approximately 3,400 square -feet or 18% of the site's net lot area, exceeding the minimum 8% requirement for LI (Light Industrial) zoned properties.

Structure Design:

The proposed building would be a simple purpose -built flat-roofed structure, consisting of CMU block concealed with plaster. The primary building color would be Sherwin- Williams Virtual Taupe , accented with Sherwin-Williams Adaptive Shade , a natural grey/brown color,. The façade would be largely defined by roll -up doors flanked two commercial storefront entries, each with overhead canopies, as shown by the partial elevation:
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Planning Commission Action : The Planning Commission held a public hearing on this application at its meeting of January 23, 2024. As noted in the meeting minutes (reference Attachment C ), the Planning Commission considered the concerns expressed in written correspondence received from the appellant and two other neighbors. However, the residents did not attend the public hearing to speak on their concerns or to answer questions from the Commission.

During the public hearing staff utilized Google Maps to provide a visual representation of the project site to illustrate its relationship with the neighboring properties. After deliberation regarding the potential effects of the project on the neighboring properties, the Commission determined that the numeric zoning rules (e.g., height, setbacks, etc.) applicable to the project were satisfied, therefore warranting approval. Individual Commissioners did acknowledge that the project would represent a change for the residents, but that the stated concerns did not change the basis for the decision (findings). The Planning Commission took action to approve the Site and Architectural Review Permit by a 5-0-1 vote (Commissioner Ostrowski absent).

Appeal: A timely appeal was filed on February 1, 2024, by David Riggio "on behalf of myself and other neighbors" (reference Attachment D – Appeal Letter), which had the effect of staying the Planning Commission's approval subject to Council review.

ANALYSIS
Response to Appeal : The appellants' letter makes several assertions as to why the Variance approval should be reconsidered, as excerpted in italics, below. Each of these points is responded to by staff:
• We disagree with the height of the proposed building as well as the setback from our rear property line. While the proposed structure is labeled as a one story building the 26’ height is taller than a typical two-story home.

As identified in the 'Project Data,' the 22 -foot height of the proposed building is less than the 45-feet allowed by the LI Zoning District. The building also satisfies the applicable 10 -foot setback. Nonetheless, the Planning Commission did specifically discuss building height and setbacks relative to the comparable standards for a single -family home. In response to a Commissioner's question, staff indicated that in "traditional" R -1-6 zoned properties, the maximum height is 12 Packet Pg. 644
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35-feet, and the setback requirement is 5 -feet or one half of the "building wall" height, whichever is greater. For the proposed structure, this standard would result in an 11-foot setback requirement, which the Planning Commission found sufficiently comparable to the proposed 10-feet.3
• We are also concerned about the noise from the prospective new tenants...

I am aware that the city has a code in place to limit noise and other items.

But often, the code does not reflect reality. For example, let’s say a tenant is using machinery that is louder than what the code states or during hours that are not allowed. If a complaint is made to the city by the time a city official arrives at the property to investigate the tenant may no longer be making noise. City official leaves, tenant begins to violate the code again.

The neighbors behind the industrial property must suffer.

The proposed structure is a general -purpose industrial building, without any currently identified prospective tenants, although the applicant foresees renting to storage/warehousing users. As conditioned, the use of the property is limited to "general industrial use, including manufacturing, processing, warehousing, storage, assembly, and fabrication," subject to the standard operating hours of 6:00 AM to 11:00 PM. All of these uses are permitted "by right" and would not require Conditional Use Permit approval.4 Some uses could include noise generating businesses, such as machine shops.

However, the building would be constructed of CMU (concrete masonry units) block walls, which are intended to block transmission of sound. There is also an existing 9 - foot tall wooden fence, shown below, along the rear property, that is in compliance with City's screening and buffering requirements. Note that although the construction of a solid CMU block wall on the rear property line would more effectively block sound transmission, Valley Water staff indicates that it would be highly unlikely to approve its construction since it would require footings, the excavation for which could affect the underground "very shallow, fragile pipeline".
3 Note that the properties abutting the project site are zoned R -1-8, subject to the Campbell Village Neighborhood Plan, which have a maximum 28 -foot height limit and a rear setback of "the lesser of 20 ft. or 15% of the lot depth".
4 This limitation would also serve to restrict other uses found in the industrial zones, such as animal boarding, outdoor storage, equipment rental, fitness studios, and motor vehicle repair facilities. 12 Packet Pg. 645
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Moreover, the conditions of approval provide a mechanism to allow the Community Development Director to curtail the operational hours of the businesses within the building if noise complaints cannot be resolved, and if necessary, refer the application to the Planning Commission for consideration of modification/revocation action. The Council may consider further land use restrictions, imposed as a condition of approval, that would restrict certain uses that can be anticipated to generate disruptive noise, such as machine shops or manufacturing activity. However, such restrictions could unreasonably reduce the economic viability of the proposed industrial building.

The recently adopted 2040 General Plan contains several actions that could result in the establishment of performance standards in the City’s Industrial districts, as shown below, that could more holistically address such concerns in the future .

Action LU-1.h: Consider the development of general performance and locational standards for conditional uses (i.e., drive -thru establishments).

Action LU-1.i: Periodically review and update development standards to ensure they are achieving desired outcomes.
• [We are also concerned about] traffic and traffic congestion.

The proposed industrial building did not require a traffic study per the thresholds established by the VTA Congestion Management Program and would therefore not have a discernable effect on traffic congestion in the area. Additionally, the proposed building fell below the threshold for Vehicles -Miles-Traveled (VMT) analysis per the City's VMT policy.

For reference, the VTA threshold for a traffic study is 100 "peak" trips (AM or PM) and the City's threshold for VMT analysis is 110 average daily trips (ADT). As shown in the table below, the "peak" trips and ADT values are considerably below these thresholds. • Years ago, an extremely tall and large cell tower popped up on McGlincy Ln. There was no notice. It is my understanding that this cell tower is not in compliance with city code yet we as homeowners living behind the tower are stuck staring at the tower every day we look outside our windows or walk into our backyards. I believe the city was trying to make changes to the tower to disguise it as a tree so it is less unsightly. To date, I have not seen any changes to the tower. It remains as it has for years, a nd it has become more of an eyesore because they keep adding more equipment on 12 Packet Pg. 646
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it. This is just one example of what I believe is a code violation that has never been resolved.

The wireless telecommunications facility on the adjacent property is not part of this application. However, for the Council's reference, the Planning Commission did approve a Conditional Use Permit to allow construction of a new wireless telecommunications facility disguised as an artificial tree. A building permit application for this facility is currently under review.

Findings for Approval : To grant a land use approval, the decision -making body must affirmatively establish that the project meets codified findings for approval. Findings establish the evidentiary basis for a City's decision to grant or deny a land use approval and to impose conditions of approval as necessary to establish the findings. The applicable findings depend upon the type of land use approval under review. The following analysis identifies each of the applicable findings in italics and how the proposed project satisfies them.

Site and Architectural Review Permit Findings:

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

Yes. The General Plan land use designation for the project site is Light Industrial.

This designation is intended to accommodate a "wide range of light manufacturing, industrial processing, general service, warehousing, storage and distribution uses." The proposed project would accommodate a variety of industrial activities, consistent with this designation. The proposal would also further the following General Plan policies pertaining to land use (LU), economic development (ED), community design (CD), and conservation and open space (COS), by resulting in a sufficiently designed industrial development that will not materially affect the adjacent residential neighborhood, as conditioned.

Policy LU-2.2: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and natural resources.

Policy LU-2.2: Prohibit the establishment or encroachment of incompatible uses into Industrial and R&D designated lands and prohibit new uses which would result in the imposition of additional operational restrictions and/or mitigation requirements on industrial and R&D uses due to land use incompatibility.

Action LU-2.a: Through the development review and permit process, screen development proposals for land use compatibility, including conformance with existing development or neighborhoods.

Action LU-2.a: Through the development review and permit process, require adequate buffers and/or architectural consideration to protect residential areas, developed or undeveloped, from 12 Packet Pg. 647
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intrusion of private nonresidential development activities that may degrade the quality of life in such residential areas.

Policy LU-2.3: Industrial development should have functional and safe internal circulation patterns, attractive site and architectural design, and be sensitive to surrounding uses for the purpose of contributing to the positive character of industrial areas and the overall image of the city.

Policy CD-1.1: Recognize that the city is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city’s neighborhoods.

Policy ED-2.3: Encourage the revitalization of existing shopping centers, business parks, industrial areas, and key corridors as
needed in order to meet the economic development goals of the city.

Policy ED-3.3: Facilitate and encourage more efficient use of the city’s light industrial land supply, creating higher employment densities and high -quality jobs, while discouraging the use of large sites and buildings for low intensity uses and other uses that may compromise the sustainability of these areas.

Policy ED-5.2: Support the development of office and industrial facilities to meet local demand, compete for regional growth
opportunities, and create high -quality jobs that support local housing opportunities.

Policy COS 10.a: Review all new industrial and commercial development projects for potential air quality impacts to residences and other sensitive receptors. The city shall ensure that mitigation measures and best management
practices are implemented to reduce significant emissions of criteria pollutants. Adopt an ordinance codifying these requirements into the Campbell Municipal Code.

B. The project conforms with the Zoning Code;

Yes. As noted in the "Project Data" section of this report, the proposed project complies with the applicable standards of the Zoning Code.

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

Yes. Through a substantial investment in the subject property, the proposed project will contribute to the incremental improvement of the built environment consistent with the principal purpose of the Light Industrial Zoning District of "encourage[ing] sound industrial development (e.g., light manufacturing, industrial processing, storage and 12 Packet Pg. 648
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distribution, warehousing)…". As shown in the streetscape, below, the proposed building would fill a void in the McGlincy Lane streetscape with an appropriately designed and scaled industrial building.

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

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

However, General Plan Action LU -4.c calls for the creation of industrial design guidelines, in a "medium-term" time horizon of 6 to 10 years.

Action LU-4.c: Develop guidelines for Industrial designated land uses, including a provision that allows higher FARs for larger parcels that encourage research and development uses in the Dell and McGlincy neighborhoods.

M-1 Reduced Side Setback Findings : As discussed, above, the project includes a request to allow a reduction of the interior side setback to allow the building to be placed on the northerly property line. The City Council may allow a side setback of less than five feet where a property line abuts a non -residentially zoned property, when it finds that:

1. The height of the building wall, inclusive of a parapet, adjacent to the side property line is no taller than 30-feet and limited to one-story; and

Yes. The proposed storage building measures 26 -feet to the top of parapet, and therefore complies with this finding.

2. The proposed building is designed for and would be limited to general industrial use, including manufacturing, processing, warehousing, storage, assembly, and fabrication.

Yes. As proposed and conditioned, the proposed building would be restricted to general industrial use, including manufacturing, processing, warehousing, storage, assembly, and fabrication. This would exclude other common industrial uses, such as motor vehicle repair and outdoor storage.

12 Packet Pg. 649
PLN-2021-215 ~ 946 S. McGlincy Ln Page 10 of 10

PUBLIC COMMENT
Public correspondence is included in Attachment E. Note that the comments provided by Valley Water have been addressed as recommended conditions of approval.

FISCAL IMPACTS
There is no fiscal impact associated with the City Council’s consideration of this appeal.

Prepared by:

Daniel Fama, Senior Planner
Reviewed by:

Rob Eastwood, Community
Development Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Draft Resolution
b. Project Plans
c. PC Meeting Minutes (2023-01-23)
d. Appeal
e. Public Comment
12 Packet Pg. 650

RESOLUTION NO. ____

BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CAMPBELL DENYING AN APPEAL AND UPHOLDING PLANNING

COMMISSION APPROVAL A SITE AND ARCHITECTURAL REVIEW

PERMIT TO ALLOW CONSTRUCTION OF AN APPROXIMATELY
10,250 SQUARE-FOOT INDUSTRIAL / WAREHOUSE BUILDING,

WITH AN EXCEPTION TO THE SIDE SETBACK REQUIREMENT, ON
PROPERTY LOCATED AT 940/946 S. MCGLINCY LANE. FILE NO.:

PLN-2021-215
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 denial of an appeal and upholding of approval of a Site and Architectural Review Permit:

1. The Proposed Project is an application for a Site and Architectural Review Permit (PLN-2021-215) to allow construction of an approximately 10,250 square -foot industrial/warehouse building, with an exception to the side setback requirement.

2. The Project Site is a 24,255 square-foot parcel located on E. McGlincy Lane, north of Curtner Avenue.

3. The Project Site is zoned LI (Light Industrial) and designated as Light Industrial, as shown on the Campbell Zoning Map and Campbell General Plan Map, respectively.

4. The Proposed Project seeks a reduction to the otherwise required 5-foot side setback, as allowed by CMC Sec. 21.10.080, Table 2 -13. Consistent with this section, t he Planning Commission (or City Council upon appeal) may allow a side setback of less than five feet where a property line abuts a non -residentially zoned property, when it finds that (1) the height of the building wall, inclusive of a parapet, adjacent to the side property line is no taller than 30 -feet and limited to one -story; and (2) the propo sed building is designed for and would be limited to general industrial use, including manufacturing, processing, warehousing, storage, assembly, and fabrication. As these conditions are satisfied, the Planning Commission and City Council has determined that the requested reduction of the side setback to zero feet is appropriate.

5. The Proposed Project would be consistent with the following General Plan policies and strategies:

Policy LU-2.2: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and natural resources.

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Action LU-2.a: Through the development review and permit process, screen development proposals for land use compatibility, including conformance with existing development or neighborhoods.

Action LU-2.a: Through the development review and permit process, require adequate buffers and/or architectural consideration to protect residential areas, developed or undeveloped, from intrusion of private nonresidential development activities that may degrade the qual ity of life in such residential areas.

Policy ED-2.3: Encourage the revitalization of existing shopping centers, business parks, industrial areas, and key corridors as needed in order to meet the economic development goals of the city.

Policy ED-5.2: Support the development of office and industrial facilities to meet local demand, compete for regional growth opportunities, and create high -quality jobs that support local housing opportunities.

Policy COS 10.a: Review all new industrial and commercial development projects for potential air quality impacts to residences and other sensitive receptors. The city shall ensure that mitigation measures and best management practices are implemented to reduce significa nt emissions of criteria pollutants. Adopt an ordinance codifying these requirements into the Campbell Municipal Code.

6. In revie w of the Proposed Project, the Planning Commission and City Council considered traffic safety, traffic congestion, site circulation, adequacy of landscaping, and the appropriateness of proposed structures and site layout, pursuant to Campbell Municipal Code Sec. 21.42.040 (Considerations in review of applications).

7. The rear 10-feet of the property is encumbered by easement to the benefit of the Santa Clara Valley Water District (Valley Water) to allow for use and maintenance of an underground water conveyance pipe in the former alignment of the Kirk Ditch, as established in that document entitled "Resolution No. 76-22, Giving Notice of Buried Waterline of Santa Clara Valley Water District" recorded March 01, 1986 in Book B- 894, Page 562 of the Official Records of Santa Clara County. As requested by Valley Water, a Condition of Approval shall require the applicant to secure an encroachment permit from Valley Water prior to issuance of a building permit by the City.

8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project.

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Appeal of a Site and Architectural Review Permit (PLN-2021-215) 940/946 S. McGlincy Ln.

9. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project.

10. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment.

11. In consideration of the aforementioned findings in support of a Site and Architectural Review Permit (PLN -2021-215) to allow construction of an approximately 10,250 square-foot industrial/warehouse building, with an exception to the side setback requirement, the Planning Commission adopted Resolution No. 4694 at its meeting of January 23, 2024, approving the Proposed Project.

12. A timely appeal of the Planning Commission's action to approve to the Proposed Project was received on February 1, 2024.

13. The appeal did not contend an error in fact, dispute of findings, or inadequacy of conditions to mitigate potential project impacts nor was accompanied by supporting evidence substantiating the basis for the appeal.

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

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

1. The project will be consistent with the general plan;

2. The project conforms with the Zoning Code;

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

4. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s); M-1 Reduced Side Setback Findings (CMC Sec. 21.10.080.E., Table 2-13):

5. The height of the building wall, inclusive of a parapet, adjacent to the side property line is no taller than 30-feet and limited to one-story;

6. The proposed building is designed for and would be limited to general industrial use, including manufacturing, processing, warehousing, storage, assembly, and fabrication;
Environmental Finding(s) (CMC Sec. 21.38.050):

7. The project is Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In -Fill Development Projects which

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are found consistent with all applicable general plan policies and zoning regulations, are under five acres in size, and substantially surrounded by urban uses; and

8. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment.

THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds the Planning Commission's approval a Site and Architectural Review Permit (PLN-2021-215) to allow construction of an approximately 10,250 square -foot industrial/warehouse building, with an exception to the side setback requiremen t, on property located at 940/946 S. McGlincy Lane , subject to the attached Conditions of Approval (attac hed Exhibit A).

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

Susan M. Landry, Mayor

ATTEST:

Andrea Sanders, City Clerk

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Attachment: Draft Resolution (PLN-2021-215 ~ 946 S. McGlincy Ln) Exhibit A

CONDITIONS OF APPROVAL

SITE AND ARCHITECTURAL REVIEW PERMIT
Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, or dinances, laws and regulations and accepted engineering practices for the item under review.

Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified.

COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division

1. Approved Project: Approval is granted for a Site and Architectural Review Permit (PLN- 2021-215) to allow construction of an approximately 10,250 square -foot industrial/warehouse building, with an exception to the side setback requirement, on property located at 940/946 S. McGlincy Lane. The project shall substantially conform to the Project Plans included a s Attachment No. B in the March 5, 2024 City Council Staff Report, except as may be modified by conditions of approval contained herein.

2. Permit Expiration: The Site and Architectural Review Permit approved herein ("Approval") shall be valid for one (1) year from the effective date of Planning Commission approval (expiring March 5, 2025). Within this one-year period a Building Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void.

3. Planning Final Required: Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the approved project plans shall not be approved without prior authorization of the necessary approving body.

4. Minor Revisions: Architectural refinements and other minor revisions to the Approved Project Plans may be administratively reviewed and approved by the Community Development Director pursuant to CMC Sec. 21.56.060.

5. SCVWD (Valley Water) Permit Required: As required by the Santa Clara Valley Water District Water Resources Protection Ordinance, the applicant shall secure approval of an encroachment permit from Valley Water prior to issuance of a building permit by the City. The encroachment permit application shall include plans that show both the Kirk Distribution System and Valley Water’s easement , and be consistent with the application requirements provided at https://www.valleywater.org/contractors/doing- businesses-with-the-district/permits-working-district-land-or- easement/encroachment-permits.

6. Plan Revisions (Valley Water): The construction plans submitted for a building permit shall include the following revisions to the satisfaction of Valley Water staff:

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a. Clearly delineate, label, and dimension on all applicable sheets the improvements shown within the Valley Water easement (i.e., sanitary sewer, manholes, pervious pavement, Valley gutter, landscaping, landscape irrigation, storm drain, fencing, etc.). Any improvement(s) not authorized by a Valley Water encroachment permit shall be removed from the construction plans.
b. Construction details showing the building foundation, footing, excavation required, construction details, etc.
c. Staging plan indicating on-site construction staging and equipment access routes.

7. Utility Boxes and Back -Flow Preventers : As part of the construction drawings submitted for a building permit, an plan sheet shall indicate installation of the PG&E utility (transformer) boxes and San Jose Water Company back -flow preventers, indicating the location of the boxes for approval by the Community Development Director. The transformer shall be screened with landscaping or artistically painted.

8. General Operational Standards: Use of the subject property is subject to the following general operational standards:
a. Land Use Restriction: The use of the approved industrial/warehouse building is limited to general industrial use, including manufacturing, processing, warehousing, storage, assembly, and fabrication, as defined by the Campbell Municipal Code.
b. Hours of Operation : Unless otherwise authorized by a Conditional Use Permit, the hours of operation of any use within the approved building s is limited to 6:00 AM to 11:00 PM, daily.
c. Smoking: "No Smoking" signs shall be posted on the premises in compliance with CMC Sec. 6.11.060.
d. Noise: Regardless of decibel level, no noise generated within the approved building shall obstruct the free use of neighboring properties so as to unreasonably interfere with the comfortable enjoyment of the neighboring residents. In the event verified complaints are received by the City regarding such noise, the Community Development Director may immediately curtail the Hours of Operation, pursuant to Condition of Approval No. 11 (Revocation of Permit). e. Signage: All signage shall require separate approval of a Sign Permit in compliance with Campbell Municipal Code (CMC) 21.30.080.A f. Trash Disposal and Clean -Up: Refuse and recycling receptacles shall be kept within the trash enclosure except during collection in compliance with CMC Chapter 6.04 (Garbage and Rubbish Disposal).
g. Loitering: There shall be no loitering allowed on the premises. The business owner is responsible for monitoring the premises to prevent loitering.

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h. Lighting: On-site lighting shall be shielded away from adjacent properties and directed on -site. The final design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director for compliance with the City of Campbell Lighting Design Standards (CMC Sec. 21.18.090). i. Property Maintenance : The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). j. Landscape Maintenance : All landscaped areas shall be continuously maintained in accordance with CMC Chapter 21.26. Landscaped areas shall be kept free of weeds, trash, and litter. Dead or unhealthy plants shall be replaced with healthy plants of the same or similar type. k. Outdoor Storage: No outdoor storage is permitted on the subject property , including the storage equipment, materials, and inoperable vehicles. l. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards provided in CMC Chapter 21.28 (Parking and Loading).

9. Water Efficient Landscape Standards: This project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO). The building permit application for grading and on -site improvements shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following.

Replacement trees shall be provided consistent with the Conditions of Approval of the associated Tree Removal Permit.
a. A Landscape Documentation Package prepared by an authorized and licensed professional demonstrating compliance with the full MWELO requirements with the following required elements:
1) Project Information per Section 492.3.
2) Water Efficient Landscape Worksheet per Section 492.4 (Appendix B of the MWELO).
i. Include the worksheet within the plan set AND
ii. Provide a separate 8.5x11 hard copy or pdf via email to the project planner.
3) Soil Management Report per Section 492.5 (unless significant mass grading is planned, in which case the report shall be submitted prior to permit final).
4) Landscape Design Plan per Section 492.6.
5) Irrigation Design Plan per Section 492.7.
6) Grading Design Plan per Section 492.8.

Note that a Soil Management Report (if not submitted as part of the Landscape Documentation Package) and Certificate of Completion will be required prior to permit final.
b. A completed Landscape Information Form.

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c. A note on the Cover Sheet in minimum 1/2” high lettering stating “Planning Final Required. The new landscaping indicated on the plans must be installed prior to final inspection. Changes to the landscaping plan require Planning approval.”

10. Construction Activities: The applicant shall abide by the following requirements during construction and demolition activity:
a. General City Requirements : Construction activity shall comply with these general City construction requirements:
a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official.
c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise -generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise -sensitive receptors such as existing residences and businesses.
b. Noise Attenuation Measures : Due to the proximity of adjacent residences, the following noise attenuation measures shall be implemented:
a. All construction equipment shall be properly maintained in good working order.
b. Prior to construction activities, designate a “Construction Noise Coordinator” who would be responsible for responding to any local complaints about construction noise. The Construction Noise Coordinator shall determine the cause of the complaint and shall require that reasonable measures warranted to correct the problem be implemented (potentially including temporary noise barriers). The telephone number for the Construction Noise Coordinator shall be conspicuously posted at the construction site. c. The construction contractor shall provide, at least three weeks prior to the start of construction activities, written notification to all nearby residential units within 200 feet of the construction site informing them of the estimated start date and duration of construction activities.
d. Locate temporary generators and air compressors (if utilized) as far away from sensitive noise receptors as necessary to reduce noise. c. BAAQMD Required Fugitive Dust Control Measures: The applicant shall require their construction contractors to reduce construction -related fugitive dust by

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implementing BAAQMD’s basic control measures at all construction and staging areas, including:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off site shall be covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. A publicly visible sign shall be posted with the telephone number and person to contact the builder regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. d. BAAQMD Required Basic Exhaust Emissions Reduction Measures. The applicant shall require their construction contractors to implement the following measures during construction to reduce exhaust emissions:
a. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). C lear signage shall be provided for construction workers at all access points.
b. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
e. Construction Hours/Fines/Stop Work Notice : Failure to comply with above requirements that result in verified complaints may result in the issuance of a Stop Work Notice issued to the project with cessation of work for a minimum of seven (7) days from the date of issuance and an Administrative fine of up to $1,000.00. f. Timely Completion : Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project.

In the event the building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work. g. Construction Fencing: The property shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft.

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11. Revocation of Permit : Occupancy of the approved industrial building is subject to Sections 21.68.020, 21.68.030 and 21.68.040 of the Campbell Municipal Code authorizing the appropriate decision making body to modify or revoke a land use permit if it is determined that operation a use has become a nuisance to the City’s public health, safety or welfare or for violation of the Conditions of Approval or any standards, codes, or ordinances of the City of Campbell.

At the discretion of the Community Development Director, if the property generates three (3) verifiable complaints related to violations of conditions of approval (e.g., noise, parking, etc.) within a twelve (12) month period, a public hearing before the City Council may be scheduled , upon recommendation of the Planning Commission, to consider modifying conditions of approval or revoking the Site and Architectural Review Permit.

The Community Development Director may commence proceedings for the revocation or modification of the Approval upon the occurrence of less than three (3) complaints if the Community Development Director determines that the alleged violation warrants such an action. In exercising this authority, the decision making body may consider the following factors, among others:
a. The number and types of Police Department calls for service at or near the establishment that are reasonably determined to be a direct result of customer and/or employee actions;
b. The number of complaints received from residents, business owners and other citizens concerning the operation of an establishment regarding parking, noise, and/or other operational impacts.
c. Violation of conditions of approval.

Building Division

12. Permit Required : A building permit application shall be required for the proposed project. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.

13. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit.

PUBLIC WORKS DEPARTMENT

14. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application:
a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street-Improvements b. Building Permit for On -Site / Grading & Drainage Plans: The on -site grading, drainage, stormwater, landscaping, ADA and site improvements for the project shall be shown on a separate building permit plan as detailed here:
https://www.campbellca.gov/DocumentCenter/View/16594

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15. Stormwater Pollution Prevention Measures : Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit. Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay.

Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment (“CA BMP Handbook”) by the California Stormwater Quality Association (CASQA), 2003; Start at the Source:

A Design Guidance Manual for Stormwater Quality Protection (“Start at the Source”) by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source (“Using Site Design Techniques”) by BASMAA, 2003.

Upon submission of the grading plans, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. The applicant shall submit preliminary sizing and design showing stormwater controls meet the City’s requirements.

Prior to issuance of any grading or building permits:
a. The applicant’s designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP’s for the project site has been completed to meet the requirements of the City of Campbell’s NPDES permit, No. 01- 119, Provision C.3.
b. The applicant shall sign the “Covenants for the Operation and Maintenance of Stormwater Facilities” and submit a Stormwater Management Plan.

Prior to occupancy:
a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as-built drawings to Public Works Engineering, and certify on these drawings that:
o The stormwater management facilities were constructed in compliance with the approved plans.
o The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials.
o All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan.
o Any changes are in conformance with local, state, or federal regulations.

16. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public

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right-of-way line.

17. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible.

18. Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City’s Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City’s Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements.

19. Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or building permits for the site , the applicant shall cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer:
a. Show location of all existing utilities within the new and existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area.
c. Removal of existing driveway approach and necessary sidewalk, curb and gutter. d. Installation of City standard curb, gutter, detached sidewalk and ADA compliant driveway approach.
e. Installation of asphalt concrete overlay along project frontage to centerline. f. Installation of stormwater treatment facilities in the planting strip along the project frontage to treat the impervious areas constructed / reconstructed by this project. g. Installation of City approved street trees, and irrigation at 30 feet on center. h. Construction of conforms to existing public and private improvements, as necessary

20. Trash Enclosure Requirements:
a. NPDES Permit No. CAS612008 (CRWQCB): C.3.a.i. (7):

For all new development and redevelopment projects that are subject to the Permittee’s planning, building, development, or other comparable review, but not

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regulated by Provision C.3, encourage the inclusion of adequate source control measures to limit pollutant generation, discharge, and runoff. These source control measures should include:
o Covered trash, food waste, and compactor enclosures.
b. Campbell Municipal Code 14.02.030 "Stormwater Pollution Control / Requirements". The code states that no pollutants or water containing pollutants can be discharged into the City's storm drain system. Trash enclosures contain pollutants. During a rain event (or during general cleaning) water washes over and into roofless enclosures, collecting pollutants and discharging to the City's storm drain system. Applicants are required to show how new trash enclosures will not discharge pollutants into the storm drain system. One possible method is to provide a sanitary drain in the trash enclosure.
o Installation of area drain in the trash enclosure and connection of area drain to the sanitary sewer.
o Installation of grade break to prevent run off from the trash enclosure (covered area) to the parking lot (uncovered area) and vice versa. c. West Valley Sanitation District (WVSD), the local sanitary sewer agency, will require a roof on the enclosure if the trash enclosure drain connects to their sanitary sewer system.

FIRE DEPARTMENT

21. Trash enclosure: Trash enclosure will need to comply with 2022 CFC section 304. If trash size exceeds 1.5 cubic yards than either a sprinkler system is required or the enclosure will need to be type IA or IIA construction.

22. Buildings and Facilities Access : Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [C FC, Section 503.1.1]. No wall openings on zero lot line need to be proposed in order to avoid need for fire department access.

23. Fire Apparatus Access Roadway Required: Provide an access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 50 feet outside, and a maximum slope of 15%. Surface shall be capable of supporting 75K pounds.

Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503.
-20 foot roadway to be unobstructed and maintained
-Truck loading zone cannot obstruct fire department access while trucks are loading and unloading.

24. Fire Apparatus Turnaround Required: Provide an approved fire department engine driveway turnaround with a minimum radius of 36 feet outside and 23 feet inside.

12.a
Packet Pg. 663
Attachment: Draft Resolution (PLN-2021-215 ~ 946 S. McGlincy Ln) Exhibit A – Conditions of Approval ~ 940/946 S. McGlincy Lane Page 10 PLN-2021-215 – Site and Architectural Review Permit
Installations shall conform with Fire Department Standard Details and Specifications D-1. Turnaround C proposed. No parking sign to be installed along with striping.

25. Required Fire Flow: The minimum required fire flow for this project is 2,250 Gallons Per Minute (GPM) at 20 psi residual pressure. Letter received. Hydrant is capable of meeting fire flow.

26. Fire Alarm Requirements: Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72 for fire alarm requirements. Noted on Sheet T.

27. Fire Sprinklers Required : Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18. Sprinklers noted on sheet T.

28. Fire Department Connection: The fire department connection (FDC) for the structure in support of the sprinkler system shall be installed at the street on the street address side of the building. It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two -and-one-half (2- 1/2”) inch national standard threaded inlet couplings. Orientation of t he FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow [SCCFD, SP -2 Standard]. FDC location approved. Shown on Sheet A-1.

29. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7.

Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.

30. Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained.

CFC Sec. 505.1.

12.a
Packet Pg. 664
Attachment: Draft Resolution (PLN-2021-215 ~ 946 S. McGlincy Ln)

COVER SHEET
T





 


All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by, and the property of KOBZA2 and were created, evolved and developed for use on, and in connection with, the specified project. None of such ideas, designs, arrangements or plans shall be used by or disclosed to any person, firm or corporation for any purpose whatsoever without the written permission of .
precedence over scaled dimensions; contractor shall verify, and be responsible for, all dimensions and conditions on the job and this office must be notified of any variations fro the dimensions and conditions shown by these drawings. shop details must be submitted to this office for review before proceeding with fabrication.

LICENSED
A
RCH
ITECT
STATE
O
F C
A
L

IFORNIA









03.02.2023
BUD/JrSS
KOB
2 AZWritten dimensions on these drawings shall have precedence JOSEPH
M

MENDOZA
03/31/25Ren.

KOBZA2
189138

FOR BRANDON PASEK SAN JOSE, CA
946 S. McGLINCY LANE, CAMPBELL, CA

WAREHOUSE BUILDINGPLANNING COMMENTS
03-06-2023

PLANNING COMMENTS
05-26-2023

PLANNING COMMENTS
10-10-2023

ABBREVIATIONS SYMBOLS GENERAL NOTES

VICINITY MAP SHEET INDEX

COVER SHEET T
SITE DEVELOPMENT PLAN & STREET SCAPE A-1

ARCHITECTURAL
CIVIL


DEMOLITION PLAN
PLANNING SET: 10-05-2019
FLOOR PLAN, SOFFIT/ REF. CEILING PLAN & ROOF PLAN A-2
EXTERIOR ELEVATIONS & BUILDING SECTION A-3

LANDSCAPE
LANDSCAPE PLANTING PLAN L1.0
L2.0LANDSCAPE HYDROZONE PLAN

GRADING & DRAINAGE PLAN
C-1

STORM WATER MANAGEMENT PLAN
C-2
NEW 1-STORY WAREHOUSE
BUILDING (± 10,255 S.F.)

PROJECT ANALYSIS

DETAIL SECTIONS PLAN SECTIONS

SCOPE OF WORK

MATERIALS
(E) LAND AREA:
± 24,424 SQ. FT.
± .560 ACRES
(N) BUILDING AREA:
(N) BUILDING COVERAGE /
42 %
(N) PARKING STALLS:
± 10,255 SQ. FT.
14TOTAL
STANDARD 13
1 - STORY BLDG.
(WAREHOUSE)
ACCESSIBLE 1 VAN
1 / 733 PER S.F.RATIO
APPLICABLE CODES:

City of CAMPBELL LOCAL CODES and ORDINANCES:

ZONING:

CONSTRUCTION TYPE:

BLDG. OCCUPANCY:

FIRE SPRINKLER SYSTEM: YES
(N) PAVING AREA: TOTAL
TOTAL

COVERAGE

COVERAGE
± 10,767 SQ. FT.
(N) LANDSCAPE AREA:
44 %
14 %
± 3,402 SQ. FT.

M-I Light Industrial
* 2022 California Building Code
* 2022 California Residential Code
* 2022 California Electrical Code
* 2022 California Mechanical Code
* 2022 California Plumbing Code
* 2022 California Energy Code
* 2022 California Historical Building Code
* 2022 California Existing Building Code
* 2022 California Green Building Standards Code
FLOOR AREA RATIO (F.A.R):

APN: 412-34-003
946 S. McGLINCY LANE
SITE DETAILS A-1

ELECTRICAL
ELECTRICAL SINGLE LINE & SCHEDULES E-1
ELECTRICAL SPECIFICATIONS & SCHEDULES E-2
SITE POWER PLAN ES-1
SITE LIGHTING PLAN ES-2
SITE PHOTOMETRICS PLAN EP-1
ELECTRICAL SPECIFICATIONS E-3

COVER SHEET
C-3
C-4
L2.1LANDSCAPE IRRIGATION PLAN
412-34-003
±10,255 42%
±3,402 14%
±10,767 44%
0 0
0 0
0 0
0 0
±24,424

INDUSTRIAL

INDUSTRIAL
STREET
18 0 1 19
±10,255 42%

INDUSTRIAL
SITE PHOTOS, FLOOR AREA DIAGRAM & BLDG. COLOR SCHEDULE A-4 1 2
L3.0LANDSCAPE CONSTRUCTION DETAILS
L3.1LANDSCAPE CONSTRUCTION DETAILS
L4.0LANDSCAPE SPECIFICATIONS
DEFERRED SUBMITTAL:

1. FIRE ALARM SYSTEM.

1. TRASH ENCLOSURE: Trash enclosure need to comply with 2022 CFC Section 304.

If trash size exceeds 1.5 cubic yards than either a sprinkler system is required or the enclosure will need to be type IA or IIA construction.

2. BUILDINGS AND FACILITIES ACCESS: Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portion of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. (CFC, Section 503.1.1).

3. FIRE APPARATUS TURNAROUND REQUIRED: Provide an approved fire department engine driveway turnaround with a minimum radius of 36 feet outside and 23 feet inside.

Installations shall conform with Fire Department Standard Details and Specifications D-1.

4. REQUIRED FIRE FLOW: The minimum required fire flow for this project is 2,250 gallons per minute (GPM) at 20 psi residual pressure. Provide fire flow letter from SAN Jose Water confirming the required fire flow of 1,125 GPM at 20 psi residual from a fire hydrant located within 400' of the farthest exterior corner of the structure; Contact San Jose Water for details on how to obtain the fire flow letter.

5. FIRE ALARM REQUIREMENTS: Refer to CFC Sec. 907 and the currently adopted of NFPA 72 for fire alarm requirements. (DEFERRED SUBMITTAL - Fire Alarm System)

6. FIRE APPARATUS ACCESS ROADWAY REQUIRED: Provide an access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 50 feet outside, and a maximum slope of 15%. Surface shall be capable of supporting 75K pounds. Installations shall conform to Fire Department Standard Details and Specifications Sheet A-1, CFC Sec. 503. - 20 foot roadway to be unobstructed and maintained.
- Truck loading zone cannot obstruct fire department access while trucks are loading and unloading.

7. FIRE SPRINKLERS REQUIRED: Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this section or in Sections 903.2.1 through Sec. 903.2.18.

8. FIRE DEPARTMENT CONNECTION: The fire department connection (FDC) for the structure in support of the sprinkler system shall be installed at the street on the street address side of the building. It shall be located within 100 feet of a public fire hydrant and within (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-and-two- one-half (2-1/2") inch national standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC shall's shall be painted safety yellow (SCCFD, SP-2 Standard).

FDC location approved.

9. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standrad Detail and Specification S1-7.

Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.

10. WATER SUPPLY REQUIREMENTS: Portable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or causing contamination of the portable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.

GENERAL NOTES:

11. ADDRESS IDENTIFICATION: New or existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 2 1
S-1

III - B
4 - HR. F.R. CMU WALL
2 2

12.b
Packet Pg. 665
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln) SOUTH McGLINCY LANE

NO PARKING
2 A-1.1

ACCESSIBLEPATH OF TRAVEL
(N) TRASH ENCLOSURE
SEE DTL: 12, SHT. A-1.1
(N) ACCESSIBLE PARKING STALL
SEE DTL: 1, SHT. A-1.1
± 10,255 s.f.

UNIT 'A'±2,520 s.f.

UNIT 'B'±2,520 s.f.

UNIT 'C'±2,400 s.f.

UNIT 'D'±2,815 s.f.

A B CB.9
(N) SITE PLAN & STREET SCAPE
A-1
1" = 10' - 0"1 SCALE:
(N) SITE PLAN
NORTH





 


All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by, and the property of KOBZA2 and were created, evolved and developed for use on, and in connection with, the specified project. None of such ideas, designs, arrangements or plans shall be used by or disclosed to any person, firm or corporation for any purpose whatsoever without the written permission of .
precedence over scaled dimensions; contractor shall verify, and be responsible for, all dimensions and conditions on the job and this office must be notified of any variations fro the dimensions and conditions shown by these drawings. shop details must be submitted to this office for review before proceeding with fabrication.

LICENSED
A
RCH
ITECT
STATE
O
F C
A
L

03.02.2023
BUD/JrSS
KOB
2 AZWritten dimensions on these drawings shall have precedence JOSEPH
M

MENDOZA
03/31/25Ren.

KOBZA2
189138

FOR BRANDON PASEK SAN JOSE, CA
946 S. McGLINCY LANE, CAMPBELL, CA

WAREHOUSE BUILDINGPLANNING COMMENTS
03-06-2023

PLANNING COMMENTS
05-26-2023

PLANNING COMMENTS
10-10-2023
NOTE: WALKWAYS & SIDEWALKS ALONG
ACCESSIBLE ROUTES OF TRAVEL:
2 SCALE: 1/8 = 1' - 0"
(N) WEST ELEVATION with ADJ. (E) BLDG. ALONG McGLINCY LANE

STREET SCAPE
2 1
1 1
1 1
1 1
1 1
1 2 2
3 12.b
Packet Pg. 666
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln) 7 SCALE: 1 1/2" = 1' - 0"
(N) PRECAST CONC. PARKING BUMPER
6 SCALE: 1 1/2" = 1' - 0"
(N) CURB RAMP SECTION
PER CBC 2022 SEC. 11B-502.7.2
8 SCALE: NTS
(N) DETECTABLE WARNINGS
(TRUNCATED DOMES)

TYPICAL DETAIL

TYPICAL PLAN

TRUNCATED DOMES
FIGURE 11B-705.1

SIZE & SPACING
PER CBC 2022 SEC. 11B-705.111B-705.1.1.1,11B-705.1.1.2, 11B-705.1.1.3, &11B-705.1.1.3.1
9 SCALE: AS SHOWN
(N) CONCRETE CURB DETAIL

NO PARKING
VAN
4 SCALE: NTS
(N) ACCESSIBLE PARKING VAN SIGN
5 SCALE: AS SHOWN
(N) BUILDING EXTERIOR SIGN

MINIMUM
FINE $ 250
PER CBC 2022
SEC. 11B-703.7.2.1
3 SCALE: NONE
(N) ACCESSIBLE PARKING SYMBOL
2 SCALE: NONE
(N) TOW-AWAY SIGN
(PER CBC 2022 SEC.11B-502.6.4)
14A
15 -
-

ELEVATION
13 -
15 -
14A
-
NOTE:

TRASH ENCLOSURES:

TRASH ENCLOSURES SHALL BE USED ONLY

FOR TRASH, RECYCLING, AND COMPOST

CONTAINERS AND SHALL NOT BE USED
FOR STORAGE AT ANY TIME. ACCESS DOOR

TO THE TRASH FACILITY SHALL BE CLEARLY
LABELED “TRASH ENCLOSURE.”
± 231 S.F. x 6' high = 1,386 S.F. / 27 = 51.333 cubic yards 14 SCALE: NTS
(N) TRASH ENCLOSURE GATE DETAIL 10 SCALE: 1 1/2" = 1' - 0" (N) CONC. CURB & GUTTER DETAIL
11 SCALE: AS SHOWN
(N) CONCRETE WALK DETAIL

SITE DETAILS
A-1.1
3/16" = 1' - 0"1 SCALE:
(N) ACCESSIBLE PARKING STALL





 


All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by, and the property of KOBZA2 and were created, evolved and developed for use on, and in connection with, the specified project. None of such ideas, designs, arrangements or plans shall be used by or disclosed to any person, firm or corporation for any purpose whatsoever without the written permission of .
precedence over scaled dimensions; contractor shall verify, and be responsible for, all dimensions and conditions on the job and this office must be notified of any variations fro the dimensions and conditions shown by these drawings. shop details must be submitted to this office for review before proceeding with fabrication.

LICENSED
A
RCH
ITECT
STATE
O
F C
A
L

03.02.2023
BUD/JrSS
KOB
2 AZWritten dimensions on these drawings shall have precedence JOSEPH
M

MENDOZA
03/31/25Ren.

KOBZA2
189138

FOR BRANDON PASEK SAN JOSE, CA
946 S. McGLINCY LANE, CAMPBELL, CA

WAREHOUSE BUILDINGPLANNING COMMENTS
03-06-2023

PLANNING COMMENTS
05-26-2023

PLANNING COMMENTS
10-10-2023
12 SCALE: 1/4" = 1' - 0"
(N) TRASH ENCLOSURE PLAN
13 SCALE: NTS
(N) TRASH ENCLOSURE ELEVATION
15 SCALE: NTS
(N) TRASH ENCLOSURE SECTION
ACCESSIBLE ROUTES:
11B-403.5.1 Clear width. Except as provided in Sections 11B-403.5.2 and 11B-403.5.3, the clear width of walking surfaces shah be 36 inches (914 mm) minimum.
11B-401 General:
11B-401.1 Scope. The provisions of Division 4 shall apply where required by Division 2 or where referenced by a requirement in this chapter.
11 B-402 Accessible routes
11B-402.1 General. Accessible routes shall comply with 11B-402. 11B-402.2 Components. Accessible routes shall consist of one or more of the following components: walking surfaces with a running slope not steeper than 1 :20, doorways, ramps, curb ramps excluding the flared sides, elevators, and platform lifts. All components of an accessible route shall comply with the applicable requirements of Division 4. 11B-403 Walking surfaces
11B-403.1 General. Walking surfaces that are a part of an accessible route shall comply with Section 11B-403.
11B-403.2 Floor or ground surface. floor or ground surfaces shall comply with Section 11B-302. 11B-403.3 Slope. The running slope of walking surfaces shall not be steeper than 1 :20. The cross slope of walking surfaces shall not be steeper than 1:48.

Exception: The running slope of sidewalks shall not exceed the general grade established for the adjacent street or highway.
11B-403.4 Changes in level. Changes in level shall comply with Section 11B-303. 11B-403.5 Clearances. Walking surfaces shall provide clearances complying with Section 11B-403.5.

Exception: Within employee work areas, clearances on common use circulation paths shall be permitted to be decreased by work area equipment provided that the decrease is essential to the function of the work being performed.

Exception:

1. The clear width for sidewalks and walks shall be 48 inches (1219 mm) minimum. when, because of right-of-way restrictions, natural barriers other existing conditions, the enforcing agency determines that compliance with the 48-inch (1219 mm) clear sidewalk width would create an unreasonable hardship, the clear width may be reduced to 36 inches (914 mm). 11B-403.5.3 Passing spaces. An accessible route with a clear width less than 60 inches (1524 mm) shall provide passing spaces at intervals of 200 feet (60,960 mm) maximum. Passing spaces shall be either: a space 60 inches (1524 mm) minimum by 60 inches (1524 mm) minimum; or, an intersection of two walking surfaces providing a T-shaped space complying with Section 11B- 304.3.2 where the base and arms of the T-shaped space extend 48 inches (1219 mm) minimum beyond the intersection.
11B-403.6 Handrails. Where handrails are provided along walking surfaces with running slopes not steeper than 1 :20 they shall comply with Section 11B-505. 11B-403.7 Continuous gradient. All walks with continuous gradients shall have resting areas, 60 inches (1524 mm) in length, at intervals of 400 feet (121,920 mm) maximum. The resting area shall be at least as wide as the walk. The slope of the resting area in all directions shall be 1 :48 maximum.

CLEAR WIDTH OF AN ACCESSIBLE ROUTE
11B-403.5.2 Clear width at turn. Where the accessible route makes a 180 degree turn around an element which is less than 48 inches (1219 mm) wide, clear width shall be 42 inches (1067 mm) minimum approaching the turn, 48 inches (1219 mm) minimum at the turn and 42 inches (1067 mm) minimum leaving the turn.

Exception: Where the clear width at the turn is 60 inches (1524 mm) minimum compliance with Section 11B-403.5.2 shall not be required.
1 1
1 2

12.b
Packet Pg. 667
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln)

ELEVATION
1 A-3
1 2 3 4 5 6 7 8 9 10

ELEVATION
4 A-3
A
B
C

ELEVATION
3 A-3
UNIT 'A'±2,520 s.f.

UNIT 'B'±2,520 s.f.

UNIT 'C'±2,400 s.f.

UNIT 'D'±2,815 s.f.

A
A-3A-3
A
B.9
C
A
B

ELEVATION
2 A-3
1 A
B
C
2 3 4 5 6 7 8 9 10
A
A-3 A
A-3

ELEVATION
3 A-3

ELEVATION
2 A-3

ELEVATION
4 A-3
B.9
C
A
B

ELEVATION
1 A-3
(N) FLR. PLAN & ROOF PLAN
A-2
1/8" = 1' - 0"1 SCALE:
(N) FLOOR PLAN
NORTH





 


All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by, and the property of KOBZA2 and were created, evolved and developed for use on, and in connection with, the specified project. None of such ideas, designs, arrangements or plans shall be used by or disclosed to any person, firm or corporation for any purpose whatsoever without the written permission of .
precedence over scaled dimensions; contractor shall verify, and be responsible for, all dimensions and conditions on the job and this office must be notified of any variations fro the dimensions and conditions shown by these drawings. shop details must be submitted to this office for review before proceeding with fabrication.

L I C E N S E D A R C H I T E C T

S T A T E O F C A L I F O R N I A









03.02.2023
BUD/JrSS
KOB
2 AZWritten dimensions on these drawings shall have precedence JOSEPH
M

MENDOZA
03/31/25Ren.

KOBZA2
189138

FOR BRANDON PASEK SAN JOSE, CA
946 S. McGLINCY LANE, CAMPBELL, CA

WAREHOUSE BUILDINGPLANNING COMMENTS
03-06-2023

PLANNING COMMENTS
05-26-2023

PLANNING COMMENTS
10-10-2023
1/8" = 1' - 0"2 SCALE:
(N) ROOF PLAN
NORTH
1 1
2 1 2
2 2
2 2
2 2
1 2

12.b
Packet Pg. 668
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln) 1 2 3 4 5 6 7 8 9 10
9 8 7 6 5 4 3 2 110

C B AA B C
3 1
3 1
2 1
2 11
2 11
2 2
1 1
1A
1 1A
1 1A
1 1A
1 1A
1 1
3 2
2 2

B.9B.9
A B C
(N) EXT. ELEVS. & BLDG. SECT.

A-3
1/8" = 1' - 0"1 SCALE:

SOUTH ELEVATION





 


All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by, and the property of KOBZA2 and were created, evolved and developed for use on, and in connection with, the specified project. None of such ideas, designs, arrangements or plans shall be used by or disclosed to any person, firm or corporation for any purpose whatsoever without the written permission of .
precedence over scaled dimensions; contractor shall verify, and be responsible for, all dimensions and conditions on the job and this office must be notified of any variations fro the dimensions and conditions shown by these drawings. shop details must be submitted to this office for review before proceeding with fabrication.

LICENSED
A
RCH
ITECT
STATE
O
F C
A
L

03.02.2023
BUD/JrSS
KOB
2 AZWritten dimensions on these drawings shall have precedence JOSEPH
M

MENDOZA
03/31/25Ren.

KOBZA2
189138

FOR BRANDON PASEK SAN JOSE, CA
946 S. McGLINCY LANE, CAMPBELL, CA

WAREHOUSE BUILDINGPLANNING COMMENTS
03-06-2023

PLANNING COMMENTS
05-26-2023

PLANNING COMMENTS
10-10-2023
1/8" = 1' - 0"2 SCALE:

EAST ELEVATION
1/8" = 1' - 0"4 SCALE:

NORTH ELEVATION
1/8" = 1' - 0"3 SCALE:

WEST ELEVATION (along McGLINCY LANE)
1/4" = 1' - 0"A SCALE:

BUILDING SECTION

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ͳ

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͓ͳ͵ͶͶ

ǣ

Ͷ

ͳͳͳ

ǣ

ǦͳʹǤ͸ǳ͹ǳ
BUILDING COLOR SCHEDULE :
1 1
2 2
22 2
2 2

12.b
Packet Pg. 669
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln) BLDG. FLOOR AREA = ± 10,255 S.F.LAND AREA = ± 24,424 S.F.

SITE PHOTOS, F.A.D. & BLDG. SCHED.

A-4





 


All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by, and the property of KOBZA2 and were created, evolved and developed for use on, and in connection with, the specified project. None of such ideas, designs, arrangements or plans shall be used by or disclosed to any person, firm or corporation for any purpose whatsoever without the written permission of .
precedence over scaled dimensions; contractor shall verify, and be responsible for, all dimensions and conditions on the job and this office must be notified of any variations fro the dimensions and conditions shown by these drawings. shop details must be submitted to this office for review before proceeding with fabrication.

LICENSED
A
RCH
ITECT
STATE
O
F C
A
L

03.02.2023
BUD/JrSS
KOB
2 AZWritten dimensions on these drawings shall have precedence JOSEPH
M

MENDOZA
03/31/25Ren.

KOBZA2
189138

FOR BRANDON PASEK SAN JOSE, CA
946 S. McGLINCY LANE, CAMPBELL, CA

WAREHOUSE BUILDINGPLANNING COMMENTS
03-06-2023

PLANNING COMMENTS
05-26-2023

PLANNING COMMENTS
10-10-2023
1 SCALE: NONE

SITE PLAN VIEW
A
BC
A 950 McGLINCY LANE
DARIAND CONSTRUCTION & VAN BRIGGLEB 946 McGLINCY LANE
PROPOSED NEW WAREHOUSE BUILDINGC 920 McGLINCY LANE

BLUE ARC ELECTRIC, INC
PHOTO

PHOTOPHOTO
2 SCALE: 1/16" = 1' - 0"

FLOOR AREA DIAGRAM
(E) LAND AREA:
± 24,424 SQ. FT.
± .560 ACRES
(N) BUILDING AREA:
(N) BUILDING COVERAGE /
42 %
± 10,255 SQ. FT.
1 - STORY BLDG.
(WAREHOUSE)
FLOOR AREA RATIO (F.A.R):
3 SCALE: NTS

BUILDING COLOR SCHEDULE
1 1 2
2 2

12.b
Packet Pg. 670
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln)

12.b
Packet Pg. 671
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln)

12.b
Packet Pg. 672
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln)

12.b
Packet Pg. 673
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln)

12.b
Packet Pg. 674
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln) SOUTH McGLINCY LANE

NO PARKING
± 10,255 s.f.

UNIT 'A'±2,520 s.f.

UNIT 'B'±2,520 s.f.

UNIT 'C'±2,400 s.f.

UNIT 'D'±2,815 s.f.

REVISION 3
REVISION 2
REVISION 1
SHEET TITLEREVISION 9
REVISION 8
REVISION 7 SHEET NO.

DRAWN BY
DATE
JOB NO.

All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by, and the property of DENNIS KOBZA & ASSOCIATES, INC. and were created, evolved and developed for use on, and in connection with, the specified project. None of such ideas, designs, arrangements or plans shall be used by or disclosed to any person, firm or corporation for any purpose whatsoever without the written permission of DENNIS KOBZA & ASSOCIATES, INC.

Written dimensions on these drawings shall have precedence over scaled dimensions; contractor shall verify, and be responsible for, all dimensions and conditions on the job and this office must be notified of any variations from the dimensions and conditions shown by these drawings.

Shop details must be submitted to this office for review before proceeding with fabrication.

REVISION 6
REVISION 5
REVISION 4
MOUNTAIN VIEW, CA 94043
FAX - 650-961-4839
2083 OLD MIDDLEFIELD WAY
WEB - www.kobza.comE-MAIL - [email protected]
PHONE - 650-961-6103
189138
pjr / ds
03/03/23FOR BRANDON PASEK SAN JOSE, CA
946 S. McGLINCY LANE, CAMPBELL, CA

WAREHOUSE BUILDING

PAUL JAY REED
No. 2002

LANDSCAPE ARCHITECTURE
408.569.1519 Cell
1345 Pauline Dr., Sunnyvale, CA 94087

REED ASSOCIATES
web: www.rala.net / email: [email protected]
R
Call before you dig.
below.Know what's
BEFORE EXCAVATING CALL: 811
48-HOURS BEFORE ALL

PLANNED WORK OPERATIONS
L1.0Landscape Planting Plan
0 05 10 20
Scale 1" = 10 ft
sheet size = 24"x36"

12.b
Packet Pg. 675
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln) SOUTH McGLINCY LANE

NO PARKING
± 10,255 s.f.

UNIT 'A'±2,520 s.f.

UNIT 'B'±2,520 s.f.

UNIT 'C'±2,400 s.f.

UNIT 'D'±2,815 s.f.
21 1 3
4 5
4 REVISION 3
REVISION 2
REVISION 1
SHEET TITLEREVISION 9
REVISION 8
REVISION 7 SHEET NO.

DRAWN BY
DATE
JOB NO.

Shop details must be submitted to this office for review before proceeding with fabrication.

WAREHOUSE BUILDING

PAUL JAY REED
No. 2002

LANDSCAPE ARCHITECTURE
408.569.1519 Cell
1345 Pauline Dr., Sunnyvale, CA 94087

REED ASSOCIATES
web: www.rala.net / email: [email protected]
R
Call before you dig.
below.Know what's
BEFORE EXCAVATING CALL: 811
48-HOURS BEFORE ALL

PLANNED WORK OPERATIONS
L2.0Landscape Hydrozone Plan
0 05 10 20
Scale 1" = 10 ft
sheet size = 24"x36"

IRRIGATION HYDRO-ZONE LEGEND
Reference Evapotranspiration (ETo) 43.0
MAWA - Regular Landscape Areas
MAWA = (ETo) x (0.62) x ((ETAF x LA)+(1-ETAF x SLA)
landscape area 3,397 s.f.

SLA 0 s.f.

ETAF 0.45 average ETAF for regular landscape areas must be 0.55 residential areas, and 0.45 for non-residential areas. total area with SLA 3,397
mawa total 40,754 gallons per year
ETWU - Regular Landscape Areas
ETWU = (ETo) x (0.62) x ((ETAF x LA)+SLA))
hydro-zone
number plant water use plant factor (PF) irrigation method irrigation efficiency ETAF (PF/IE) hydro-zone area ETAF x Area ETWU 1 high 0.2 stream rotor 0.81 0.247 325 80.2 2,139
2 low 0.2 drip 0.81 0.247 381 94.1 2,508
3l o w 0 . 2 drip 0.81 0.247 972 240 6,398
4 low 0.2 drip 0.81 0.247 748 185 4,924
5 low 0.2 drip 0.81 0.247 971 240 6,392
SLA -- 1.0 --- 1.00 1.000 00 0
ETWU total (with SLA) 3,397 838.77 22,361
Total with all zones and SLA 3,397
ETAF clculations
total ETAF x area 838.77
total area 3,397 s.f.
average ETAF 0.247 Average ETAF for Regular Landscape Areas must be 0.55 or below for residential areas, and

0.45 or below for non-residential areas.

TOTALS
MAWA total 40,754 gallons per year
ETWU total 22,361 gallons per year

45.1 Percentage reduction of Potable Irrigation Water
Appendix B - Water Efficient Landscape Worksheet

12.b
Packet Pg. 676
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln) SOUTH McGLINCY LANE

NO PARKING
± 10,255 s.f.

UNIT 'A'±2,520 s.f.

UNIT 'B'±2,520 s.f.

UNIT 'C'±2,400 s.f.

UNIT 'D'±2,815 s.f.

CONNECTION TO IRRIGATION
WATER METER. (WATER METER

PROVIDED BY OTHERS)
IRRIGATION R.P. DEVICE TO BE

LOCATED WITHIN AN

ENCLOSURE AND WITH A

CONCRETE BASE AND

LOCKABLE FREEZE BLANKET

ENSURE DEVICE COMPLIES

WITH ALL LOCAL AND CITY
CODES AND ORDINANCE.

Irrigation Controller
REVISION 3
REVISION 2
REVISION 1
SHEET TITLEREVISION 9
REVISION 8
REVISION 7 SHEET NO.

DRAWN BY
DATE
JOB NO.

Shop details must be submitted to this office for review before proceeding with fabrication.

WAREHOUSE BUILDING

PAUL JAY REED
No. 2002

LANDSCAPE ARCHITECTURE
408.569.1519 Cell
1345 Pauline Dr., Sunnyvale, CA 94087

REED ASSOCIATES
web: www.rala.net / email: [email protected]
R
Call before you dig.
below.Know what's
BEFORE EXCAVATING CALL: 811
48-HOURS BEFORE ALL

PLANNED WORK OPERATIONS
L2.1Landscape Irrigation Plan
0 05 10 20
Scale 1" = 10 ft
sheet size = 24"x36"

12.b
Packet Pg. 677
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln)

BENDA BOARD IS INTENDED FOR NON-STRUCTURAL USE ONLY
BENDA BOARD PLASTIC HEADER BOARD DETAIL #110
SCALE: NTS

SEE CHART FOR

MINIMUM
RADIUS
1 1/2" ID x 13"

FINISHED
GRADE
TURF
AREA
2"
2X4 3 3/8" x 1 3/8" x 20'

MINIMUM
RADIUS

POSSIBLE
36"

MAXIMUM
CROWN

POSSIBLE
16" / 20'

SLIP JOINT

HAIRPIN

DIMENSIONS
1/2" - 3/4"
MANUFACTURED BY: EPIC PLASTICS, 104 EAST TURNER RD., LODI CA 95240

SIZE DIMENSIONS
ACTUALHDR.

BENDA BOARD

PLASTIC HEADER

BOARD, SEE CHART

FOR SIZES
7 GA. GALVANIZED

STEEL HAIRPIN,

SEE CHART FOR WIDTH
URL ADDRESS: www.epicplastics.com

PLASTIC STAKE
@ 3' O.C. MAX. USE

PLATED DECK SCREWS

FOR ATTACHMENT

FACTORY

CUT THERMAL

EXPANSION

SLIP JOINT

1. DO NOT SCREW THROUGH SLIP JOINT

2. USE COARSE WOOD WORKING TOOLS

FOR CUTTING & DRILLING

3. USE PLATED SCREWS OR RING SHANK

NAILS TO JOIN BOARD TO STAKE

4. ALLOW FOR THERMAL EXPANSION & CONTRACTION

BY LEAVING GAPS IN THE SLIP JOINTS OR AT THE END

OF THE RUN (SEE CHART)

WARM WEATHER INSTALL MIN GAP

COLD WEATHER INSTALL MAX GAP

5. STAKE APPROX 3' 0" OC (MORE FOR STRAIGHT RUNS

LESS FOR CURVES)

THERMAL

EXPANSION

GAP AT SLIP JOINT

SEE CHART

FOR THERMAL

EXPANSION GAP

FIINISH GRADE

GROUND COVER

PLANTING AREAS

SECTION PLAN VIEW

COLOR MENDOCINO REDWOOD

BENDA BOARD
2"
7 GA.

GALVANIZED

STEEL HAIRPIN,

SEE CHART

FOR WIDTH

SEE CHART

FOR THERMAL

EXPANSION GAP

SLIP JOINT DETAIL
x
x
REVISION 3
REVISION 2
REVISION 1
SHEET TITLEREVISION 9
REVISION 8
REVISION 7 SHEET NO.

DRAWN BY
DATE
JOB NO.

Shop details must be submitted to this office for review before proceeding with fabrication.

WAREHOUSE BUILDING

PAUL JAY REED
No. 2002

LANDSCAPE ARCHITECTURE
408.569.1519 Cell
1345 Pauline Dr., Sunnyvale, CA 94087

REED ASSOCIATES
web: www.rala.net / email: [email protected] L3.0
Landscape Construction Details

12.b
Packet Pg. 678
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln) XFD Dripline Maximum Lateral Lengths (Feet)
Inlet Pressure psi
12" Spacing 18" Spacing 24" Spacing
Nominal Flow (gph) Nominal Flow (gph) Nominal Flow (gph)

0.6 0.9 0.6 0.9 0.6 0.9
15 273 155 314 250 424 322
20 318 169 353 294 508 368
30 360 230 413 350 586 414
40 395 255 465 402 652 474
50 417 285 528 420 720 488
60 460 290 596 455 780 514

XFD ON-SURFACE DRIPLINE
XFD Dripline Maximum Lateral Lengths (Feet)
Inlet Pressure psi
12" Spacing 18" Spacing 24" Spacing
Nominal Flow (gph) Nominal Flow (gph) Nominal Flow (gph)

0.6 0.9 0.6 0.9 0.6 0.9
15 273 155 314 250 424 322
20 318 169 353 294 508 368
30 360 230 413 350 586 414
40 395 255 465 402 652 474
50 417 285 528 420 720 488
60 460 290 596 455 780 514

XFD ON-SURFACE DRIPLINE
XFD Dripline Maximum Lateral Lengths (Feet)
Inlet Pressure psi
12" Spacing 18" Spacing 24" Spacing
Nominal Flow (gph) Nominal Flow (gph) Nominal Flow (gph)

0.6 0.9 0.6 0.9 0.6 0.9
15 273 155 314 250 424 322
20 318 169 353 294 508 368
30 360 230 413 350 586 414
40 395 255 465 402 652 474
50 417 285 528 420 720 488
60 460 290 596 455 780 514

XFD ON-SURFACE DRIPLINE
XFD Dripline Maximum Lateral Lengths (Feet)
Inlet Pressure psi
12" Spacing 18" Spacing 24" Spacing
Nominal Flow (gph) Nominal Flow (gph) Nominal Flow (gph)

0.6 0.9 0.6 0.9 0.6 0.9
15 273 155 314 250 424 322
20 318 169 353 294 508 368
30 360 230 413 350 586 414
40 395 255 465 402 652 474
50 417 285 528 420 720 488
60 460 290 596 455 780 514

XFD ON-SURFACE DRIPLINE
REVISION 3
REVISION 2
REVISION 1
SHEET TITLEREVISION 9
REVISION 8
REVISION 7 SHEET NO.

DRAWN BY
DATE
JOB NO.

Shop details must be submitted to this office for review before proceeding with fabrication.

WAREHOUSE BUILDING

PAUL JAY REED
No. 2002

LANDSCAPE ARCHITECTURE
408.569.1519 Cell
1345 Pauline Dr., Sunnyvale, CA 94087

REED ASSOCIATES
web: www.rala.net / email: [email protected] L3.1
Landscape Construction Details

12.b
Packet Pg. 679
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln) B. SOIL CONDITIONS
E. HANDLING OF PIPE
F. PRELIMINARY INSPECTION AND STAGE ACCEPTANCE
D. PLANTING GROUND COVERS
D. COMPACTION
I. FIELD QUALITY CONTROL
H. ELECTRICAL WORK
C. TRENCHING & BACKFILLING
G. CONTROL VALVES
B. INSTALLATION
F. SPRINKLER HEADS

1.2 RECORD DRAWINGS
B. GALVANIZED PIPE AND FITTINGS

1.3 EXTRA MATERIALS
A. PVC PLASTIC PIPE AND FITTINGS

1.1 SUBSTITUTIONS

2.0 PRODUCTS

2.1 IRRIGATION SPRINKLER MATERIALS
E. WEED CONTROL, PEST CONTROL, & MULCHING
C. PLANTING TREES, SHRUBS, & VINES
A. PREPARATION
B. ORGANIC FERTILIZERS AND SOIL AMENDMENTS
A. SOIL

1.5 LANDSCAPE MAINTENANCE AND GUARANTEE

1.0 GENERAL

IRRIGATION SPRINKLER SYSTEM AND LANDSCAPE PLANTING
LANDSCAPE SPECIFICATIONS 1.4 WARRANTY
F. VALVE BOXES
E. BACKFLOW PREVENTION
D. SPRINKLER HEADS, REMOTE CONTROL VALVES, AUTOMATIC CONTROLLER, QUICK COUPLER D. PLANT MATERIAL C. WOOD CHIP MULCH
C. CONTROL WIRE
REVISION 3
REVISION 2
REVISION 1
SHEET TITLEREVISION 9
REVISION 8
REVISION 7 SHEET NO.

DRAWN BY
DATE
JOB NO.

Shop details must be submitted to this office for review before proceeding with fabrication.

WAREHOUSE BUILDING

PAUL JAY REED
No. 2002

LANDSCAPE ARCHITECTURE
408.569.1519 Cell
1345 Pauline Dr., Sunnyvale, CA 94087

REED ASSOCIATES
web: www.rala.net / email: [email protected] L4.0
Landscape Specifications

12.b
Packet Pg. 680
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln)
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Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln)
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12.b
Packet Pg. 686
Attachment: Project Plans (PLN-2021-215 ~ 946 S. McGlincy Ln)

PLANNING COMMISSION

REGULAR MEETING MINUTES
Tuesday, January 23, 2024 I 7:30pm
City Hall Council Chamber

CALL TO ORDER
T
he Regular Planning Commission meeting of January 23, 2024, was called to order at 7:30 pm by Chair Zisser, and the following proceedings were had to wit.

ROLL CALL
Staff Present:

Rob Eastwood, Director
Bill Seligmann, City Attorney
Stephen Rose, Senior Planner
Daniel Fama, Senior Planner
Nishant Seoni, Contract Associate Planner
Ken Ramirez, Administrative Analyst

APPROVAL OF MINUTES

1. Approval of Minutes of January 9, 2024 (Roll Call Vote)  Meeting Minutes, 1/9/2024 (Regular Meeting)
 Commissioners present at 1/9/24 Planning Commission meeting approved meeting minutes.
o Commissioners Fields and Buchbinder abstained.

Planning Commissioners Present:

Alan Zisser, Chair
Matt Kamkar, Vice Chair
Adam Buchbinder
Davis Fields
Michael Krey
Cori Majewski
Planning Commissioners Absent:

Maggie Ostrowski

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Attachment: PC Meeting Minutes (2023-01-23) (PLN-2021-215 ~ 946 S. McGlincy Ln) Campbell Planning Commission Meeting Minutes – January 23, 2024 Page 2 of 11

COMMUNICATIONS
Director Eastwood reported :
• The Planning Commission received a letter an hour ago concerning Agenda Item 5, which was distributed via email and hard copies.

AGENDA MODIFICATIONS OR POSTPONEMENTS
None.

ORAL COMMUNICATIONS
This portion of the meeting is reserved for individuals wishing to address the Planning Commission on matters of community concern that are not listed on the agenda. In the interest of time, the Chair may limit speakers to five minutes. Please be aware that State law prohibits the Commission from acting on non-agendized items, however, the Chair may refer matters to staff for follow-up.

Opened Public Comment.

No public comments were received.

Closed Public Comment

PUBLIC HEARING
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 Planning Commission’s consent at the meeting.

Vice Chair Kamkar disclosed with respect to Item 3, 946 McGlincy Lane, that he had visited the site.

Commissioner Krey disclosed with respect to Item 2, 1402 Camden Avenue, and Item 3, 946 McGlincy Lane, that he had visited both sites but spoke to no one.

Due to technical difficulties it was requested the Planning Commission hear Item 3 before Item 2.

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Attachment: PC Meeting Minutes (2023-01-23) (PLN-2021-215 ~ 946 S. McGlincy Ln) Campbell Planning Commission Meeting Minutes – January 23, 2024 Page 3 of 11

3. PLN-2021-215 – 946 S McGlincy Lane

Continued Public Hearing to consider the request of Denny Kobza on behalf of Terra Firma Development & Holdings LLC to allow construction of an approximately 10,250 square foot industrial/warehouse building, with an exception to the side setback requirement, on property located at 940/946 S McGlincy Lane . The application under consideration is a Site and Architectural Review Permit. File No.: PLN -2021-215. Staff is recommending that this item be deemed Categorically Exempt under CEQA. Planning Commission action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner:

Daniel Fama, Senior Planner.

Recommended Action: Adopt a Resolution (reference Attachment A), approving a Site and Architectural Review Permit.

Chair Zisser opened the Public Hearing for Agenda Item No. 3.

Daniel Fama, Senior Planner, provided the staff report.

Chair Zisser asked for Commission questions of staff.

Chair Zisser, Vice Chair Kamkar, and Commissioners Buchbinder, Krey, Fields, and M ajewski had questions and Planner Fama responded.

Chair Zisser opened Public Comment.

Brandon Pasek of Terra Firma Development & Holdings LLC, Property Owner, made a presentation.

Chair Zisser asked for Commission questions for the property owner.

Chair Zisser and Commissioner Buchbinder had questions and Mr. Pasek responded.

Chair Zisser asked for members of the public wishing to speak. There were no public comments.

Chair Zisser closed Public Comment.

Chair Zisser asked for Commission discussion.

Commissioner Fields was sympathetic to neighbors losing property sight lines, but said a lot of effort had been put into allowing similar sized properties to be the same height, and as the applicants are following all guidelines he found nothing to cause him to deny the project.

Commissioner Majewski agreed with Commissioner Fields that the project is in line with what is allowed in that industrial area. She noted the properties are oriented to be free of shadow; and

12.c
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Attachment: PC Meeting Minutes (2023-01-23) (PLN-2021-215 ~ 946 S. McGlincy Ln) Campbell Planning Commission Meeting Minutes – January 23, 2024 Page 4 of 11 also noted neighbors’ concerns regarding shading , but she did not believe it to be a valid reason to deny the project.

C
ommissioner Buchbinder did not believ e this should be discretionary. He said the rules are straightforward and they are just making it extra uncertain. He noted there are already trees casting shadows on the neighboring properties, and he sympathized with the difficulty of having views change after many years but said this warehouse would not be a skyscraper.

C
ommissioner Krey agreed with his fellow commissioners and he supported the project, but said there is definitely an impact to the neighbors and he sympathized with them. He acknowledge d the project follows the rules and the area is industrial where this type of project is allowed to happen. He said it is unfortunate that the parapets are not included as part of the building height, but said it could have been a lot worse for the neighbors. He questioned how much it would help to require a 12-foot setback rather than 10 feet.

V
ice Chair Kamkar agreed with his fellow commissioners that the applicant has complied with all the requirements and rules. He said it is a good project and he did not believe it would impact the neighbors as much as they fear.

C
hair Zisser agreed with his fellow commissioners that the applicant complies with the City’s requirements and he supported the project. He appreciated the neighbors’ concerns , but said anyone buying property adjacent to an industrial area takes a risk as to what happen s there in the future. He noted the neighbors’ back yards contain many trees to provide a buffer. He said there might be some shadowing, but that is what they deal with as the City grows.

M
otion: Upon motion by Commissioner Krey, seconded by Commissioner Fields , the Planning Commission m otioned to grant approval of a Site and Architectural Review Permit to allow construction of an approximately 10,250 square foot industrial/warehouse building, with an exception to the side setback requirement, on property located at 940/946 S McGlincy Lane . File No.: PLN - 2021-215, by the following roll call:

AY
ES: Fields, Majewski, Buchbinder, Krey, Kamkar, Zisser
NOES: None
ABSENT: Ostrowski
ABSTAIN: None
C
hair Zisser closed the Public Hearing for Agenda Item No. 3.

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Attachment: PC Meeting Minutes (2023-01-23) (PLN-2021-215 ~ 946 S. McGlincy Ln)

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Attachment: Appeal (PLN-2021-215 ~ 946 S. McGlincy Ln) TO: Campbell City Council
FROM: David Riggio
DATE: February 1, 2024
SUBJECT: Proposed Industrial/Warehouse building. PLN-2021-215

I am ﬁling this appeal on behalf of myself and other neighbors who do not agree with the Planning Commission approval of the proposed warehouse/industrial building that is to be built behind our homes.

Several of us have owned our homes for decades. Among many things, we disagree with the height of the proposed building as well as the setback from our rear property line. While the proposed structure is labeled as a one story building the 26’ height is taller than a typical two-story home.

We are also concerned about the noise from the prospective new tenants well as traƯic and traƯic congestion. I am aware that the city has a code in place to limit noise and other items. But often, the code does not reﬂect reality. For example, let’s say a tenant is using machinery that is louder than what the code states or during hours that are not allowed. If a complaint is made to the city by the time a city oƯicial arrives at the property to investigate the tenant may no longer be making noise. City oƯicial leaves, tenant begins to violate the code again. The neighbors behind the industrial property must suƯer.

Years ago, an extremely tall and large cell tower popped up on McGlincy Ln. There was no notice. It is my understanding that this cell tower is not in compliance with city code yet we as homeowners living behind the tower are stuck staring at the tower every day we look outside our windows or walk into our backyards. I believe the city was trying to make changes to the tower to disguise it as a tree so it is less unsightly. To date, I have not seen any changes to the tower. It remains as it has for years, and it has become more of an eyesore because they keep adding more equipment on it. This is just one example of what I believe is a code violation that has never been resolved.

We are requesting a revision of the proposed warehouse/industrial building and greatly appreciate your understanding.

Sincerely,

David Riggio
299 Dallas Dr.

Campbell, CA. 95008

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Attachment: Appeal (PLN-2021-215 ~ 946 S. McGlincy Ln) 1 Daniel Fama
From: Kevin Shannon <[email protected]>
Sent: Thursday, February 1, 2024 5:39 PM
To: Susan M. Landry
Cc: Dave Riggio; Daniel Fama; Jon Jani
Subject: RE: 940/946 S. McGlincy Ln. , File No: PLN -2021-215, APN: 412-34-003, Appeal Form and Letter Dear Mayor Landry:

My name is Kevin Shannon and I live at 291 Dallas Drive in Campbell. My neighbors and I had previously written to the planning commission regarding the proposed building to be located at 940/946 S. McGlincy Lane (see our emails below). Our efforts fell upon deaf ears, so I am writing to you and the other Council Members to please not approve this project.

I invite you and all the other Council Members to my home so you can see what will become of my and my neighbors yards if this proposed 26’ tall building is built with only a 10’ setback from our fence line. This building will cast our backyards into a large shadow and we all fear the repercussions of this on our beautiful fruit and citrus trees and the sheer enjoyment of a Spring or Summer day in our yards. I beg you to go into your own backyard and envision a 26’ tall solid concrete building running the entire expanse of your backyard blocking your views and putting your backyard into shadows. I don’t think yourself or anyone on the Council would want that for their home and families. Not the least of which is what it will do to our property values.

I moved into this beautiful city and neighborhood 27 years ago and I helped our neighborhood fight LAFTA to be incorporated into the City of Campbell, not the City of San Jose. I am willing to fight this battle in the hopes that the City of Campbell will do right by its citizens. If you would like to drop by my home please feel free to call me anytime on my cell at 408‐768‐3300.

Best regards,
Kevin Shannon
Owner
California Blind Company
641 University Avenue
Los Gatos, CA 95032
408‐559‐8600 PH
408‐559‐8601 FX
www.calblinds.com
"Proudly serving the Bay Area since 1987"

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Attachment: Public Comment (PLN-2021-215 ~ 946 S. McGlincy Ln) 1 Daniel Fama
From: Dave Riggio <[email protected]>
Sent: Sunday, January 21, 2024 5:14 PM
To: Daniel Fama
Cc: Jon Jani; Kevin Shannon @calblinds.com; [email protected]; David Riggio Subject: 940/946 S. McGlincy Ln. , File No: PLN -2021-215, APN: 412-34-003 Dear Mr. Fama,

I have reviewed the scope of this project and am deeply concerned about the size and height of the building as well as the rear setback. The proposed project sits directly behind my family home at 299 Dallas Dr. and this home has been in the Riggio family since 1971. My family loves Campbell and when our father passed away we dedicated a paver to him at the Campbell Veterans Memorial. We held his funeral in our backyard and my wife and I got married in our backyard. We love our family home and do not want to see it damaged/ruined by this new building.

To have a 26' concrete wall a mere 10' behind our backyard fence would cast a great shadow into our backyard. To say it would be unsightly and obtrusive is an underestimate. Decades ago, our family planted fruit trees all along the backyard fence. We love to sit in our backyard, have family dinners and just enjoy the yard as we have since 1971. If this project goes through as planned we will be sitting in the shadow of a large wall and staring at the large cold concrete wall. It will be like starring at a prison wall from our backyard. I would not be surprised if the proposed large wall so close to our backyard fence blocks the sun so much that it damages our fruit trees. It certainly would lower the value of our home as well as the neighbors.

I am requesting that the project be revised to a significant reduction in height a smaller building size and an increase in the rear setback requirements. I have spoken to multiple neighbors and they all agree that they do not want a 26' wall a mere 10' from their fence line. I have copied a few of the neighbors on this email. A number of them have additional concerns like noise, traffic congestion, parking, water drainage from that property into their yards, etc...

Please let me know if there is anything else we can do to stop this proposed building from being so tall, large and close to our backyard fence.

CC:

Kevin Shannon: 291 Dallas Dr.

Gayathri Kollessery: 281 Dallas Dr.

Jon Jani: 311 Dallas Dr.

Kind regards,

David Riggio
310-384-3690
You don't often get email from [email protected]. Learn why this is important

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Attachment: Public Comment (PLN-2021-215 ~ 946 S. McGlincy Ln) 1 Daniel Fama
From: Jon Jani <[email protected]>
Sent: Monday, January 22, 2024 9:28 AM
To: Daniel Fama
Cc: [email protected]
Subject: Subject: 940/946 S. McGlincy Ln. , File No: PLN -2021-215, APN: 412-34-003 Dear Mr Fama,
I too have reviewed the plans for a large warehouse structure to be built behind our Dallas Drive residences. While I am fully supportive of our commercial neighbors and truly want them to succeed, the plan as submitted appears very intrusive to our residential neighborhood. I have been in my house since 1974 and seen many changes in the commercial occupants behind me. Dealing with occasional noise and unsightly storage structures was a inconvenience living backed up to commercial. But now the City is considering a structure a mere 10 feet from the property line and a towering 26 feet seems out of character for the area. I am actually surprised the fire department did not take exception given the proximity to the property line would restrict access to fire equipment from behind. At a minimum, I am requesting that you adjust the setback to at least double the 10 feet if not more. As you can see from the attached photo, we are already dealing with a no
n compliant cell phone tower on the same property. Why pile on to the mess. I appreciate your consideration on this matter.

Thank you,
Jon Jani
311 Dallas Drive
Campbell, CA. 95008
You don't often get email from [email protected]. Learn why this is important

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Attachment: Public Comment (PLN-2021-215 ~ 946 S. McGlincy Ln) 2 12.e
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Attachment: Public Comment (PLN-2021-215 ~ 946 S. McGlincy Ln) 1 Daniel Fama
From: Kevin Shannon <[email protected]>
Sent: Monday, January 22, 2024 12:20 PM
To: Daniel Fama
Cc: Jon Jani; [email protected]; Dave Riggio
Subject: Re: 940/946 S. McGlincy Ln. , File No: PLN -2021-215, APN: 412-34-003 Dear Mr. Fama:

I cannot agree more with everything David Riggio stated in his email. I have been living in my home at 291 Dallas Drive for 27 years. I love living in the City of Campbell, I helped with our neighborhood fight with LAFTA to ensure that our homes were in corporated into the City of Campbell rather than San Jose. Like the Riggio’s, I have multiple fruit trees planted along my back fence including lemons, peach, apple, pear, apricot, lime and grapefruit. My family will be devastated to lose production from them or the trees altogether due to this goliath of a st ructure being proposed.

One of the reasons I purchased this home so many years ago was due to the great lot sizes that, at the time, the unincorporated areas of Campbell offered. I, like 2 other of the neighbors on this email chain, have swimming pools in our backyard. It is so terrible to think th at all of our family, friends and neighbor pool functions will now be in the shade due to the height and proximity of the structure to our fence line.

I too would urge the city to reduce the height of the structure significantly and in crease the rear setback requirements.

Getting down Curtner in the morning to access Camden and Hwy 17 is already a nightmare with the existing traffic, and I fear adding a large structure such as this will add greatly to the congestion.

Any help you can offer us to get this project te mpered back to a reasonable size that will not intrude on our living experiences is greatly appreciated.

Kevin Shannon
Owner
California Blind Company
641 University Avenue
Los Gatos, CA 95032
408‐559‐8600 PH
408‐559‐8601 FX
www.calblinds.com
"Proudly serving the Bay Area since 1987"

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Attachment: Public Comment (PLN-2021-215 ~ 946 S. McGlincy Ln) 1 Daniel Fama
From: Andrew Quan <[email protected]>
Sent: Thursday, January 4, 2024 11:43 AM
To: Daniel Fama
Cc: Lisa Brancatelli
Subject: Valley Water Comments - Warehouse Building at 946 S McGlincy Ln Attachments: Kirk Distributary System AsBuilts.pdf; Kirk Distribution System_Easement Deed.pdf Hi Daniel Fama,
Valley Water has received the Notice of Public Hearing and plans for the construction of the 10,250 square‐foot warehouse building at 946 S McGlincy Lane in Campbell, received by Valley Water on December 19, 2023.

Per our review, we have the following comments:

1. The submitted plans
appear to show improvements and work proposed within Valley Water’s easement.

Therefore, please submit a permit application and plans that show both the Kirk Distribution System and Valley Water’s easement, as required per Valley Water’s Water Resources Protection Ordinance. Both Kirk Distribution System and Valley Water’s easement must be clearly delineated, labeled, and dimensioned on all sheets. Please refer to the attached as‐builts and deed for reference. Please forward the permit application and plans of the development to Valley Water at [email protected] for review. The encroachment permit application can be found here: https://www.valleywater.org/contractors/doing‐businesses‐with‐the‐district/permits‐working‐ district‐land‐or‐easement/encroachment‐permits.

2. It appears several improvements are proposed within Valley Water’s easement, i.e., sanitary sewer, manholes, pervious pavement, Valley gutter, landscaping, landscape irrigation, storm drain, fencing, et cetera. Please clearly delineate and call out any new improvements this project is proposing within Valley Water’s easement.

3. It appears the new building is proposed to be right up to the edge of Valley Water’s easement. Please include in your submittal to us plans showing the building foundation, footing, excavation required, construction details, etc.

4. Also, please include a plan sheet showing any staging needed and equipment access routes.

If you have any questions
or need further information, you can reach me at (408) 630‐1667, or by e‐mail at [email protected]. Please reference Valley Water File No. 24253 on future correspondence regarding this project.

Thank you,
ANDREW QUAN

ASSISTANT ENGINEER II ‐ CIVIL
Community Projects Review Unit
Tel. (408) 630‐1667

VALLEY WATER
5750 Almaden Expressway, San Jose CA 95118
www.valleywater.org
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12.e
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Attachment: Public Comment (PLN-2021-215 ~ 946 S. McGlincy Ln) City
Council
Report
TITLE: Resolution Approving and Awarding a Contract with Chandler Asset Management, in an Amount Not to Exceed $225,000, to Provide Investment Advisory Services for a Period of Up to Three (3) Years, with Options for the City to Renew Up to Two (2) Additional One (1) Year Service Contracts, for a Total of Up to Five (5) Years; and Authorizing the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100
(Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution: 1) approving and awarding a contract with Chandler Asset Management, in an amount not to exceed $225,000, to provide investment advisory services for a period of up to three (3) years, with options for the City to renew up to two (2) additional one (1) year service contracts, for a total of up to five (5) years; and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

BACKGROUND
As of the quarter ending September 30, 2023, the City’s total pooled investment portfolio equaled $93.21 million ; managed exclusively by City staff including the Finance Director and one (1) Accountant. Additionally, of the $93.21 million invested, $47.65 million is restricted Measure O General Obligation (GO) bond proceeds to renovate the City’s Library and to construct a new City Police Station.

On September 5, 2023, staff presented to City Council for consideration the Fiscal Year (FY) 2023 -24 City of Campbell Investment Policy Update. Within this update was included a revision to allow for the use of qualified external investment advisors.

Staff made this recommendation due to the fact that managing a portfolio of Campbell’s size is challenging given limited staff bandwidth and capacity as well as the complexities of not only earning maximum return on bond proceeds, but also adhering to IRS arbitrage restrictions on tax -exempt debt (i.e., not earning investment returns over debt service costs) and laddering investment maturities so that funds are available right as they are needed for project construction costs. Staff felt that an external investment adviser could provide additional expert support and access to daily investment data and tools, improve monthly, quarterly, and annual investment reporting, and help staff to navigate the complexities of investing Measure O bond proceeds. Additionally, based Item: 13
Category: NEW BUSINESS
Meeting Date: March 5, 2024
13 Packet Pg. 699
Award Contract with Chandler Asset Management Page 2 of 9 on research, staff felt that an external investment advisor could generate additional returns over and above their fees while still maintaining the City’s primary investment goals of safety and liquidity. The FY 2023 -24 Investment Policy Update was subsequently approved by Council via Resolution 13042.

Subsequently, on November 7, 2023 , staff presented to City Council for consideration the issuance of Request for Proposals (RFP) for Investment Advisory Services. As shown in the RFP’s desired Scope of Services , staff wished to engage a qualified external investment advisor to provide services that may include, but were not limited to the following:

1) Develop and implement sound investment strategies, which will achieve the City’s primary investment goals of safety and liquidity while also maximizing the portfolio’s return/performance within the parameters of the City’s current Investment Policy and California codes.
2) In partnership with City staff, manage all or a portion of the City’s portfolio with discretionary authority.
3) Provide technical and fundamental market research, including yield curve analysis.
4) Assist the City with cash flow/maturity analysis for both its primary operating funds and its bond funds to be used for capital project purposes. 5) Provide credit analysis of investment instruments in portfolio. 6) Coordinate with City staff and provide monthly/quarterly/annual reporting of City funds managed as well as inclusion of information relating to outside funds (i.e., Wells Fargo checking accounts, LAIF or similar accounts, etc.). These reports will cover a range including, but not limited to, the local and national economy, the City’s portfolio holdings, composition and sector analysis, return, weighted average maturity, duration, performance objectives, and policy compliance. 7) Attend selected quarterly meetings with staff in person or via teleconference, as well as Finance Committee and City Council meetings as requested. 8) Evaluate market risk and develop strategies that minimize the impact on the portfolio.
9) Provide assurance of portfolio compliance with applicable policies and laws. 10) Establish an appropriate performance benchmark as part of reporting requirements.
11) Review investment policy annually and recommend appropriate amendments as well as investment strategy for the upcoming fiscal year. 12) Ensure that portfolio structure matches the City’s objectives and current investment strategy.
13) Monitor the creditworthiness of financial institutions and the investments in the portfolio.
14) Perform broker/dealer due diligence and maintain relations with approved security brokers and dealers. Consultant may use their own brokers and dealers provided that adequate due diligence is performed consistent with industry standards and best practice.
13 Packet Pg. 700
Award Contract with Chandler Asset Management Page 3 of 9 15) Coordinate with the City’s third ‐party custodian (BNY) for safekeeping of securities.
16) Provide authorized City staff with online access to assets managed by consultant.
17) Answer questions from City staff and provide general guidance in related areas. 18) Assist with annual audit inquiries and reporting.

Staff’s recommendation was subsequently approved by City Council via Resolution 13074 and the RFP was issued to the public on November 9, 2023 . The deadline for proposal submittals was December 8, 2023.

By the RFP deadline, five (5) Investment Advisory Services firms submitted responsive proposals and are listed alphabetically below:

Responding Investment Advisory Services Firms

• Chandler Asset Management
• Columbia Capital
• Meeder Public Funds
• PFM Asset Management
• Wulff, Hansen & Co.

Based on the makeup of Campbell’s investment portfolio and staff’s experience with it the last 4+ years, the desired Scope of Services in the RFP, and the weighted evaluation criteria show n below, the Finance Director and Accountant reviewed all proposals and moved forward three (3) Investment Advisory Services firms for interviews with the Finance Sub -Committee on February 9, 2024 : Chandler Asset Management, Meeder Public Funds, and PFM Asset Management. These firms scored the highest and were deemed as the best able to meet the City’s needs.

Weighed Evaluation Criteria

• General qualifications 1-15 points
• Relevant experience 1-15 points
• Proposed staffing 1-15 points
• Pricing 1-15 points
• Proposed approach 1-10 points
• Responsiveness 1-10 points
• References 1-10 points
• Interview (if requested) 1-10 points
• TOTAL 100 points

Based on feedback, discussion, and evaluation after the February 9 th interview process, the Finance Subcommittee and staff agreed that Chandler Asset Management and PFM Asset Management were the best able to meet the City’s needs; with Meeder Public Funds eliminated from consideration As such, the Finance Subcommittee asked 13 Packet Pg. 701
Award Contract with Chandler Asset Management Page 4 of 9 staff to check references of the top two (2) firms and compare their fee schedules and investment return performance so as to develop a final staff recommendation.

DISCUSSION

Reference Checks
Since the February 9th interview process, staff sent the following questions to public agency references provided by Chandler Asset Management and PFM Asset Management:

1) Who do you primarily work with at firm X and have you been satisfied with their service, approach to investment management, communication and responsiveness, and expertise?

2) How satisfied are you with firm X’s reports, report frequency, and online reporting portal?

3) How satisfied are you with the incremental investment returns that firm X is able to produce relative to their fees?

4) Other than investment returns, what is the primary value that firm X provides to your city and team?

5) Is there anything else that you’d like to share about firm X that would assist Campbell in making a final selection of an Investment Advisory firm?

Based on reference responses, staff is confident that both Chandler and PFM provide excellent service and are good value propositions; providing not only strong investment returns compared to applicable benchmarks and fees charged, but also additional expertise and resources to internal staff who often have limited capacity. The latter is especially true when evaluating the credit worthiness and risk profile of investment opportunities relative to their expected return.

Fee Comparison
In addition to reference checks, staff also compared the typical fees of both firms, given various levels of investment funds to potentially be managed. This comparison is shown in Table 1 below:

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Award Contract with Chandler Asset Management Page 5 of 9 Table 1 - Fee Schedule Comparison
Chandler Asset Management
Assets under Management
Range Start Range End Rate
$ - $ 25,000,000 0.001
$ 25,000,000 $ 50,000,000 0.0008
$ 50,000,000 $ 125,000,000 0.0006
$ 125,000,000 ∞ 0.0004
City Investment
Assets Fee
$ 25,000,000 $ 25,000
$ 50,000,000 $ 45,000 Likely range of
$ 75,000,000 $ 60,000 assets
$ 100,000,000 $ 75,000
$ 93,210,000 $ 70,926 Assets listed in RFP
PFM Asset Management
Assets under Management
Range Start Range End Rate
$ - $ 50,000,000 0.0009
$ 50,000,000 $ 100,000,000 0.0007
$ 100,000,000 $ 200,000,000 0.0006
$ 200,000,000 $ 300,000,000 0.0005
$ 300,000,000 ∞ 0.0004
City Investment
Assets Fee
$ 25,000,000 $ 22,500
$ 50,000,000 $ 45,000 Likely range of
$ 75,000,000 $ 62,500 assets
$ 100,000,000 $ 80,000
$ 93,210,000 $ 75,247 Assets listed in RFP
While each firm provides a slightly different fee structure, both are rather close at all levels shown above. Please note that the RFP listed City investment assets of $93.21 million, but $47.65 million of this is restricted Measure O General Obligation (GO) bond 13 Packet Pg. 703
Award Contract with Chandler Asset Management Page 6 of 9 proceeds to renovate the City’s Library and to construct a new City Police Station. As those bond proceeds are spent down on project costs, the City will normalize around a total investment pool of approximately $50 million or less. Assuming an investment pool of $50 million, the fees for both Chandler and PFM would be $45,000 annually. At the high end, based upon Campbell’s stated investment pool of $93.21 million in the RFP, annual fees could equal $70,926. Thus, staff is recommending a three -year contract value of $225,000 to be conservative at the high end of potential annual costs and account for an y inflationary increases over that time. Nevertheless, the annual and three-year cost will likely be less based on a decreasing portfolio value and the spend down of Measure O bond proceeds. Please note that both firms only charge fees on investment funds managed and do not charge fees for investment funds not directly under their management, including Local Government Investment Pools such as LAIF and CAMP.

Investment Return Comparison
And lastly, staff also compared the investment performance of both firms; gross and net of fees. Table 2 below shows the Composite Performance of Chandler and PFM. Since it is best to measure investment performance over an extended period of time, staff evaluated short and long term investment options shown below over the 10 year period.

Using this evaluation criteria, both firms are rather close in their proven performance when compared to each other and against relevant benchmarks:
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Award Contract with Chandler Asset Management Page 7 of 9 Table 2 - Composite Performance Comparison
Chandler Asset Management
Short-Term Investments Ten Years
Chandler Limited Maturity (gross) 1.09%
Chandler Limited Maturity (net) 1.03%
Benchmark
ICE BofA 1-3 Year US Treasury Index 0.81%
Longer-Term Investments Ten Years
Chandler Short-Term Bond (gross) 1.11%
Chandler Short Term Bond (net) 0.93%
Benchmark
ICE BofA 1-5 Year US Treasury & Agency Index 0.84%
PFM Asset Management
Short-Term Investments Ten Years
PFMAM 1-3 Year Fixed Income Composite (gross) 1.08%
PFMAM 1-3 Year Fixed Income Composite (net) 0.58%
Benchmark
ICE BofA 1-3 Year US Treasury Index 0.81%
Longer-Term Investments
Ten Years
PFMAM 1-5 Year Fixed Income Composite (gross) 1.12%
PFMAM 1-5 Year Fixed Income Composite (net) 0.62%
Benchmark
ICE BofA 1-5 Year US Treasury & Agency Index 0.84%
Final Staff Recommendation
Based on the pre -interview evaluation process, the interview process, and the post - interview evaluation process detailed above, staff feels that Chandler Asset Management is best able to provide Investment Advisory Services to the City of Campbell in the short and long term. Both firms are excellent in what they do, but staff rated Chandler slightly higher when all factors are considered and feels that it will be able to partner well with the Chandler team to meet the City’s investment objectives of safety, liquidity, and return; in that order. Other factors favorable to Chandler included the continuity of their team, the number of clients in the Bay Area and State comparable to Campbell, and the sole focus on public clients as a smaller, privately held firm. And lastly, while it is not the City’s primary objective to obtain return, based on Chandler’s long-term performance, the incremental returns generated should be able to fully cover 13 Packet Pg. 705
Award Contract with Chandler Asset Management Page 8 of 9 annual fees expected fees ranging between $45,000 and $75,000 . Thus, staff recommends that a contract award be made to Chandler Asset Management at the March 5, 2024 Council meeting. Staff is further recommending a contract term of three (3) years with options for two (2) one (1) year extensions so that Chandler can have adequate time to demonstrate their value given investment market conditions which can often be unpredictable.

Finance Sub-Committee Recommendation
The Finance Sub -Committee reconvened on February 23, 2024 to discuss the further due diligence that staff performed on Chandler and PFM since their February 9th meeting. The Finance Sub -Committee agreed with staff’s recommendation that a three (3) year contract award with options for two (2) one (1) year extensions be made to Chandler Asset Management at the March 5, 2024 Council meeting.

FISCAL IMPACT
If approved, the contract with Chandler Asset Management will have a cost of approximately $45,000 to $75,000 annually and $135,000 to $225,000 over three years.

Based on historical performance of Chandler and the shift from a passively managed investment portfolio to an actively managed investment portfolio, staff feels that the costs of this contract can be fully offset by increased investment returns to the City. If approved, staff will add the incremental costs and revenues to the FY 2024 budget at mid-year and also program them into future year proposed budgets.

ALTERNATIVES
1) Do not approve a contract award with Chandler Asset Management, but instead continue to manage the City’s investment portfolio with internal staff only. 2) Do not approve a contract award with Chandler Asset Management, but instead direct staff to enter into a contract with PFM Asset Management or another responding vendor the City’s RFP.
3) Provide staff with other direction.

Prepared by:

Will Fuentes, Finance Director
Approved by:
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Brian Loventhal, City Manager
Award Contract with Chandler Asset Management Page 9 of 9 Attachment:
a. Resolution
b. Contract Services Agreement with Chandler Asset Management 13 Packet Pg. 707
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

APPROVING AND AWARDING A CONTRACT WITH CHANDLER ASSET MANAGEMENT IN AN AMOUNT NOT TO EXCEED $225,000, TO PROVIDE INVESTMENT ADVISORY SERVICES FOR A PERIOD OF UP TO THREE (3) YEARS, WITH OPTIONS FOR THE CITY TO RENEW UP TO TWO (2) ADDITIONAL ONE (1) YEAR SERVICE CONTRACTS, FOR A TOTAL OF UP TO FIVE (5) YEARS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.100 (RESOLUTION/CONSENT)
WHEREAS, as of the quarter ending September 30, 2023, the City’s total pooled investment portfolio equaled $93.21 million; managed exclusively by City staff including the Finance Director and one (1) Accountant. Additionally, of the $93.21 million invested, $47.65 million is restricted Measure O General Obligation (GO) bond proceeds to renovate the City’s Library and to construct a new City Police Station; and
WHEREAS, on September 5, 2023, City Council approved the Fiscal Year (FY) 2023 -24 City of Campbell Investment Policy Update via Resolution 13042; and WHEREAS, on November 7, 2023, the City Council approved the issuance of Request for Proposals (RFP) for Investment Advisory Services via Resolution 13074 and an RFP was issued the next day with a submission deadline of December 8, 2023; and WHEREAS, by the RFP deadline, five (5) Investment Advisory Services firms submitted responsive proposals; and
WHEREAS, based on the makeup of Campbell’s investment portfolio and staff’s experience with it the last 4+ years, the desired Scope of Services in the RFP, and the weighted evaluation criteria show below, the Finance Director and Accountant reviewed all proposals and moved forward three (3) Investment Advisory Services firms for interviews with the Finance Sub-Committee on February 9, 2024; and
WHEREAS, based on feedback, discussion, and evaluation after the February 9th interview process, the Finance Subcommittee and staff agreed that two firms were the best able to meet the City’s needs; with a third eliminated from consideration As such, the Finance Subcommittee asked staff to check references of the top two (2) firms and compare their fee schedules and investment return performance so as to develop a final staff recommendation; and WHEREAS, based on the pre -interview evaluation process, the interview process, and the post - interview evaluation process detailed above, staff determined that Chandler Asset Management is the best able to provide Investment Advisory Services to the City of Campbell in the short and long term; and
WHEREAS, the Finance Sub-Committee reconvened on February 23, 2024 to discuss the further due diligence that staff performed on the top two finalists since their February 9th meeting and agreed with staff’s recommendation that a contract award be made to Chandler Asset Management at the March 5, 2024 Council meeting; and

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Attachment: Resolution (Award Contract with Chandler Asset Management)

WHEREAS, if required, budget adjustments will be made accordingly to accommodate the service needs of future contract years and/or to offset any other fiscal impacts at that time.

NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Campbell hereby authorizes: 1) the approval and award of a contract with Chandler Asset Management in an amount not to exceed $ 225,000, to provide investment advisory services for a period of up to three (3) years, with options for the City to renew up to two (2) additional one (1) year service contracts, for a total of up to five (5) years; and 2) the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

PASSED AND ADOPTED this _____th day of ________, 2024, by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

APPROVED:
_________________________________
Susan M Landry, Mayor

ATTEST:
___________________________
Andrea Sanders, City Clerk

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Attachment: Resolution (Award Contract with Chandler Asset Management) -1-

CITY OF CAMPBELL

CONSULTANT SERVICES AGREEMENT
This Agreement is entered into at Campbell, California on the 6th day of March, 2024, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and Chandler Asset Management, Inc. (hereinafter referred to as "Consultant").

W
HEREAS, City desires to obtain Investment Advisory Services; and W
HEREAS, Consultant represents that it has the expertise, means, and ability to perform said reviews and City Surveyor assignment;
NOW
, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:

1. DUT

IES OF CONSULTANT

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

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

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

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

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

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

1.7 Consultant shall cooperate in good faith with City in all aspects of the performance of this Agreement.

1.8 In the course of the performance of this Agreement, Consultant shall act in the

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Attachment: Contract Services Agreement with Chandler Asset Management (Award Contract with Chandler Asset Management) -2-
City’s best interest as it relates to the project.

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

1.10 The designated project manager for Consultant shall be Neil Murthy, Senior Relationship Manager. The Consultant’s project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with the City and the City’s project coordinator. The authorized principal of Consultant executing this Agreement for the Consultant shall have authority to make decisions regarding changes in services, termination and other matters related to the performance of this agreement on behalf of Consultant.

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

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

2. DUTIES OF CITY

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

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

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

3. COMPENSATION

3.1 For the full performance of the services described herein by Consultant, City agrees to compensate Consultant for all services and direct costs associated with the performance of the project in an amount not to exceed $225,000 over the base three (3) year term of the agreement and $75,000 in any one year as follows:
a. Once each month, Consultant shall submit for payment by City, an itemized invoice for services performed during the previous billing period. The invoice shall describe the services rendered and the title of the item of work, and shall list labor hours by personnel classification.

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

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

3.3 City may order changes in the scope or character of services in writing, including decreasing the amount of Consultant’s services. In the event that the work is decreased, Consultant is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change. Under no conditions shall Consultant make any changes to the work, either as additions or deductions, without the prior written order of the City. In the event, that the City determines that a change to the work or services from that specified in this Agreement is required, the contract time and/or actual costs reimbursable by the City for the project may be adjusted by contract amendment or change order to accommodate the changed work. The maximum not to exceed total amount specified in this Article 3 (Compensation) shall not be exceeded, unless authorized by written contract amendment or change order, approved and executed by the City. Consultant shall obtain prior written approval for a revised fee schedule from the City before exceeding such fee schedule. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

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

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Attachment: Contract Services Agreement with Chandler Asset Management (Award Contract with Chandler Asset Management) -4-

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

4. SUBCONSULTANTS

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

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

4.3 Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Campbell, its officers, officials, directors, agents representatives, volunteers, and employees as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.

4.4 If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract.

5. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings, documents, papers, data, materials, photographs, negatives and other work products prepared by the Consultant and/or its subconsultants in the performance of the services encompassed in this Agreement (whether in printed or electronic format) (“project-related documents and materials”) shall be the property of the City and may be used on this project without the consent of the Consultant or its subcontractors. City acknowledges that such drawings, documents, and other items are instruments of professional services intended for use only on the subject project. Consultant agrees that all copyrights which arise from creation of the Project-related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. Any project-related documents and materials related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Consultant shall promptly provide to the City upon request, all finished and unfinished project-related documents and materials, produced or gathered by or on behalf of Consultant that

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Attachment: Contract Services Agreement with Chandler Asset Management (Award Contract with Chandler Asset Management) -5-
are in Consultant’s possession, custody or control. Consultant may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City’s right to promptly receive and use such documents and materials which are the sole and exclusive property of the City.

6. TERMINATION

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

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

6.3 Upon notice of termination by City, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

7. AUDIT AND INSPECTION
Consultant shall permit authorized representatives of City to inspect and audit all data and records relating to its performance under this Agreement for a period of three years following acceptance of the final study.

8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employment practices on the basis of race, religious creed, color, sex, national origin, handicap, sexual orientation, marital status, medical condition, disability, ancestry, organizational affiliation, military or veteran status, or

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Attachment: Contract Services Agreement with Chandler Asset Management (Award Contract with Chandler Asset Management) -6-
any other consideration made unlawful by local, State or Federal law, of any employee of, or applicant for employment with, such Consultant or subcontractor. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations.

9. INSURANCE AND INDEMNIFICATION

9.1 With respect to any design professional services provided by Consultant, the Consultant agrees to indemnify, and hold harmless the City, its officers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, damages, liabilities and losses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein. Notwithstanding anything in this paragraph to the contrary, any defense costs charged to the design professional under this paragraph shall not exceed the design professional’s proportionate percentage of fault, except:

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

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

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Attachment: Contract Services Agreement with Chandler Asset Management (Award Contract with Chandler Asset Management) -7-
The defense and indemnity provisions obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations contained in this Agreement.

The foregoing indemnity provisions are intended to fully allocate the parties’ risk of liability to third-parties; and there shall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Consultant waives all rights to subrogation for any matters covered by the provisions of this section. Consultant’s responsibility for such defense and indemnity obligations as set forth in this section shall survive the termination or completion of this Agreement for the full period of time allowed by law.

9.2 Consultant shall maintain insurance conforming to the following specifications to the fullest amount allowed by law for a minimum of three (3) years following the termination or completion of this Agreement:

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

1. Commercial General Liability;

2. Automotive;

3. Workers’ Compensation and Employer Liability; and

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

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

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

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

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

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

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

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Attachment: Contract Services Agreement with Chandler Asset Management (Award Contract with Chandler Asset Management) -8-
bodily, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

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

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

D. Deductible and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City, and shall not reduce the limits of liability. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City, its agents, officers, attorneys, employees, officials and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses related to investigations, claim administration, and defense expenses. Policies containing any self -insured retention provision shall provide or be endorsed to provide that the self -insured retention may be satisfied by either the named insured or the City.

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

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

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than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is affords greater coverage. b. The Consultant's insurance coverage shall be primary insurance as respects the City, its agents, officers, attorneys, employees, officials and volunteers. Any insurance or self -insurance maintained by the City, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its agents, officers, attorneys, employees, officials, and volunteers.
d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

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

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

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

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

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

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

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

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

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

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

10. MISCELLANEOUS

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

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

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

10.4 Neither party’s waiver of any term, condition or covenant, or breach of any term, condition or covenant shall be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant.

10.5 This Agreement contains the entire Agreement between City and Consultant relating to the project and the provision of services to the project. Any prior agreements,

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Attachment: Contract Services Agreement with Chandler Asset Management (Award Contract with Chandler Asset Management) -11-
promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Consultant.

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

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

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

10.9 The initial contract term shall commence upon execution of the contract by the City and shall be for a three (3) year period, with two (2) optional one (1) years extensions unless terminated sooner in accordance with the contract. Any extension of the Agreement shall be mutually agreed upon in writing and shall require an amendment to the Agreement signed by both parties.

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

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

10.11 City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and

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Attachment: Contract Services Agreement with Chandler Asset Management (Award Contract with Chandler Asset Management) -12-
attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

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

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

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

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

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

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

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

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

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

CONSULTANT:

[SIGNATURES ON FOLLOWING PAGE]
Chandler Asset Management, Inc.

Attention: Neil Murthy, Senior Relationship Manager
1901 Harrison Street; Suite 1100
Oakland, CA 94612

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

NSULTANT CITY OF CAMPBELL
Name Nicole Dragoo Name Brian Loventhal
T
itle C hief Executive Officer Title City Manager
A
pproved as to Form
City Attorney
Name William Seligmann

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Exhibit A - Scope of Services and Fees
C
handler (Consultant) shall provide qualified personnel for services that may include, but are not limited, to the following:

1. Develop and implement sound investment strategies, which will achieve the City’s primary investment goals of safety and liquidity while also maximizing the portfolio’s return/performance within the parameters of the City’s current Investment Policy and California codes.

2. In partnership with City staff, manage all or a portion of the City’s portfolio with discretionary authority.

3. Provide technical and fundamental market research, including yield curve analysis.

4. Assist the City with cash flow/maturity analysis for both its primary operating funds and its bond funds to be used for capital project purposes.

5. Provide credit analysis of investment instruments in portfolio.

6. Coordinate with City staff and provide monthly/quarterly/annual reporting of City funds managed as well as inclusion of information relating to outside funds (i.e., Wells Fargo checking accounts, LAIF or similar accounts, etc.). These reports will cover a range including but not limited to: the local and national economy, the City’s portfolio holdings, composition and sector analysis, return, weighted average maturity, duration, performance objectives, and policy compliance.

7. Attend selected quarterly meetings with staff in person or via teleconference, as well as Finance Committee and City Council meetings as requested.

8. Evaluate market risk and develop strategies that minimize the impact on the portfolio.

9. Provide assurance of portfolio compliance with applicable policies and laws.

10. Establish an appropriate performance benchmark as part of reporting requirements.

11. Review investment policy annually and recommend appropriate amendments as well as investment strategy for the upcoming fiscal year.

12. Ensure that portfolio structure matches the City’s objectives and current investment strategy.

13. Monitor the creditworthiness of financial institutions and the investments in the portfolio.

14. Perform broker/dealer due diligence and maintain relations with approved security brokers and dealers. Consultant may use their own brokers and dealers provided that adequate due diligence is performed consistent with industry standards and best practice.

15. Coordinate with the City’s third‐party custodian (BNY) for safekeeping of securities.

16. Provide authorized City staff with online access to assets managed by consultant.

17. Answer questions from City staff and provide general guidance in related areas.

18. Assist with annual audit inquiries and reporting.

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Chandler calculates fees based on the average balance of assets under our direct management (market value including accrued interest), fees in dollars will fluctuate (higher or lower) based on the actual portfolio value. Fees are charged monthly in arrears and can be debited directly from your third-party custody account. Chandler does not charge fees on funds held in vehicles not directly under our management, including Local Government Investment Pools and internally managed liquid funds.

An example of the fees assessed to the City at different asset levels according to the above proposed tiered fee schedule is as follows:

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Attachment: Contract Services Agreement with Chandler Asset Management (Award Contract with Chandler Asset Management) City
Council
Report
TITLE: Fiscal Year 2024 Mid-Year Financial Update and Budget Adjustments (Resolution/Roll Call Vote)

RECOMMENDED ACTION
Staff recommends that the City Council accept the Fiscal Year 2024 Mid -Year Financial Update Report and adopt a Resolution authorizing the Fiscal Year 2024 Mid -Year Budget Adjustments.

BACKGROUND
The City’s Financial policies require staff to provide the City Council with a mid -year financial status update report each fiscal year. The report discusses how the City’s year- to-date actual results are progressing with respect to their prior -year actual and current- year budgeted revenues and expenditures, including a discussion of recommended budgetary adjustments, if any. The current mid -year report before Council is for Fiscal Year (FY) 202 4 and the basis for year -end estimates is current trends through December 31, 2023, Executive Team analysis, and discussions with the City’s property and sales tax consultants. The main focus of this report will be the General Fund (101), which supports most of the City’s ongoing and essential operations, but recommended budgetary adjustments, where necessary, may also be included for other funds as well.

DISCUSSION
Attachment A of this report provides Council with a high -level overview of the items described above and incorporates mid -year budget corrections and requests so that their full impact can be seen if approved by Council. Proposed mid -year budget corrections and requests are further detailed in Attachment B and Attachment C .

Furthermore, a full reconciliation of the FY 202 4 Adopted Budget to the FY 202 4 Amended Budget is shown in Attachment D. This attachment provides a summary of Council approved budgetary adjustments since July 1, 202 3, as well as any encumbrance and Capital Improvement Program (CIP) carryovers from FY 202 3 that are still expected to be expended.

General Fund Overview
As a whole, without corrective action, the General Fund is expected to be out of balance by the end of FY 2024 due primarily to estimated revenue shortfalls totaling Item: 14
Category: NEW BUSINESS
Meeting Date: March 5, 2024
14 Packet Pg. 726
FY 2024 Mid-Year Update and Budget Adjustments Page 2 of 11 approximately $2.33 million. However, staff is also proposing significant utilization of salary savings in the amount of $1.92 million and a draw from remaining ARPA funds in the amount of $973,087 to offset this revenue shortfall and to fund other current expenditure adjustment requests totaling $224,044 and prior Council approved expenditure adjustments totaling $335,580. If these corrective actions are approved by the City Council, the General Fund will once again be fully balanced in FY 202 4; with projected reve nues meeting projected expenditures. Please note that this does not account for any other unknown and unexpected budget adjustments that might be needed between now and the end of FY 202 4. Details on revenues, expenditures, proposed adjustments, and utilization of ARPA funds will be provided in the following sections:
• Revenues – In summary, a s of December 31, 202 3, General Fund revenues equaled approximately $24.35 million; an increase of $2.15 million or 9.68% when compared to the same time period last fiscal year, which showed approximately $22.20 million in year-to-date revenues. And when compared to budgetary estimates for FY 202 4, revenues are at 34.36%. Last fiscal year at the same time period, General Fund revenues equaled 3 5.22% of year -end actual revenues. After extensive analysis, staff now expects year -end General Fund revenues for FY 202 3 to equal approximately $69.51 million; a decrease of approximately $1.36 million from the budgetary estimates for FY 2024, but also factoring in utilization of ARPA in the amount of $973,087 as previously mentioned . The following will discuss key factors leading to the revision of year-end revenue estimates:
o Property Tax – FY 202 4 Budget Estimate of $ 22,047,000 vs. Revised Year-End Projection of $21,847,000 (decrease of $200,000) – The City relies on property tax estimates from both a consultant as well as the Santa Clara County Office of the Assessor and Controller -Treasurer Department. The latter two County agencies provide quarterly projections and recently provided an update on February 1 2. While most property tax categories are tracking very close to initial budgetary estimates for FY 2024, the County expects the City to receive slightly less in Secured Property Tax than originally expected. Nevertheless, the projected decrease is a very small percentage of overall Property Tax; demonstrating the relative overall strength in core property taxes despite the slowdown in the housing market due to high interest rates and a shortage in supply.
o Sales Tax – FY 2024 Budget Estimate of $ 17,699,289 vs. Revised Year- End Projection of $16,826,202 (decrease of $873,000) – The City relies on sales tax estimates from a qualified consultant. Based on the fact that one of the City’s top sales tax producers is moving to another City in March 2024, the sales tax consultant has significantly decreased year -end revenue estimates for FY 2024 and beyond . It may be possible that their departure can be offset by other sales tax generators in the future , but their departure leaves a significant hole in the City’s sales tax ba se for the 14 Packet Pg. 727
FY 2024 Mid-Year Update and Budget Adjustments Page 3 of 11 immediate future . Staff will continue to monitor the situation and keep Council updated. In addition, please note that FY 2023 is higher than FY 2024 at the same period in time since it included a one -time recovery of approximately $800,000 in mis -allocated prior period sales tax revenue from the same sales tax generator that is moving. Such large adjustments are rare and are not repeated in FY 2024. As a whole, the City is seeing

9.4% decreases in year over year growth in all major industry groups except Restaurants and Hotels; which shown 1.4% growth in the third quarter of calendar year 2023 compared to the third quarter of calendar year 2022.

o Other Taxes – FY 2024 Budget Estimate of $9,641,400 vs. Revised Year- End Projection of $8,582,600 (decrease of $1,108,800). This revenue category consists of Franchise Taxes, Construction Tax, Business License Tax, Real Property Tax Transfers, and Transient Occupancy Tax (TOT).

Most of these categories are expected to meet budgetary estimates in FY 2024 except TOT and Real Property Tax Transfers; which are projected to miss budgetary estimates by $800,000 and $200,000 respectively. In regard to TOT, it has been significantly impacted since the pandemic, when it reached a low of $1.6 million annually in FY 2021 after previously averaging $4.7 million annually. While TOT has recovered from those lows and reached $3.7 million in FY 2023, it has plateaued in FY 2024, with no growth. Based on $1.2 million in growth in FY 2023 and reemergence of personal and business travel, it was a fair assumption to believe that TOT would reach near pre -pandemic levels of $4.5 million in FY 2024. However, this return to normalcy has not happened yet and staff will reevaluate TOT in both FY 2024 and beyond. In regard to Real Property Tax Transfers, it is expected to miss budgetary estimates due to lower than expected home sale activity again caused by high interest rates and a shortage in housing supply.

o Licenses and Permits - FY 202 4 Budget Estimate of $ 4,290,300 vs.

Revised Year-End Projection of $3,909,500 (decrease of $380,800). This category consists primarily of Community Development Construction Permit Fees and Plan Check Fees. Based on year -to-date activity as well as known and planned developments throughout the remainder of the fiscal year, staff expects a decrease in Advanced Plan Check Fees in FY 2024 compared to original budgetary estimates.

o Fines and Forfeitures - FY 202 4 Budget Estimate of $ 100,000 vs.

Revised Year-End Projection of $150,000 (increase of $50,000). The City is seeing an increase in Vehicle Fine revenue based on a backlog from the court s being clear ed after the pandemic and an increase in traffic enforcement.

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FY 2024 Mid-Year Update and Budget Adjustments Page 4 of 11 o Investment Income - FY 2024 Budget Estimate of $ 810,900 vs. Revised Year-End Projection of $1,055,000 (increase of $244,100). During the pandemic, the City’s investment return in fixed income secu rities such as Federal Agency Notes and the Local Agency Investment Fund (LAIF) dropped precipitously to levels of 1% and below. This resulted in a significant decline in actual and market value investment returns.

However, largely buoyed by the Federal Reserve significantly raising the Federal Funds Rate to slow inflation , the investment rates for allowable City investments has also increase d significantly. Staff has taken advantage of this through its investment purchases over the past year and as a result, expects year -end investment income to exceed budgetary estimates in FY 2024.

o Intergovernmental Revenue - FY 202 4 Budget Estimate of $ 2,667,630 vs. Revised Year -End Projection of $2,541,100 (decrease of $126,530).

This revenue category largely consists of smaller limited restriction federal, state, and county grants, state mandated cost reimbursements, contractual arson investigator payments from the Santa Clara County Fire Department. Year-end projections are largely expected to miss budgetary estimates since $250,000 in reimbursable Organized Retail Theft (ORT) grant expenditures are not expected to be realized until FY 2025 and FY 2026. Staff mistakenly placed the full amount of expected grant revenue in FY 2024. Nevertheless, the downward revision in FY 2024 ORT grant revenue is fully offset by a $250,000 reduction in FY 2024 grant related expenditures in Police.

o Charges for Service - FY 202 4 Budget Estimate of $ 5,907,545 vs.

Revised Year-End Projection of $5,893,860 (decrease of $13,685). This category consists of fee based programs, camps, and classes in the Recreation and Community Services (RCS) Department as well as service fees in the Community Development, Public Works, and Police Departments. The slight downward revision to estimates is largely due to lower than expected ticket sales at the Heritage Theatre. Nevertheless, this is also offset by a decrease in contractual services to operate the Theatre and its events.

o Leases and Rentals - FY 202 4 Budget Estimate of $ 3,052,500 vs.

Revised Year-End Projection of $3,098,400 (increase of $45,900). While rentals at the Heritage Theatre have been slow this fiscal year and are expected to miss budgetary estimates by $14 8,000 in FY 202 4, they are more than offset by better than expected lease and rental activity at the Campbell Community Center . The latter is expected to exceed budgetary estimates by approximately $193,000 in FY 2024.

o Miscellaneous Revenue - FY 202 4 Budget Estimate of $ 147,510 vs.

Revised Year-End Projection of $199,228 (increase of $51,718). This is a 14 Packet Pg. 729
FY 2024 Mid-Year Update and Budget Adjustments Page 5 of 11 relatively small revenue category for the City consisting of Donations, In - Lieu fees, and other miscellaneous and sporadic revenue sources. The increase in FY 2024 estimates is due to a $58,000 payment from the City’s flexible spending account (FSA) administrator for unused City contributions in the prior year.

o Other Revenue - FY 2024 Budget Estimate of $87,000 vs. Revised Year - End Projection of $65,000 (decrease of $22,000). The decrease is due to lower than expected credit card transaction processing fees year-to-date.

o OFS - Operating Transfers In - FY 2024 Budget Estimate of $ 3,169,592 vs. Revised Year -End Projection of $4,142,679 (increase of $973,000).

The increase is due to a proposed transfer in from the City’s remaining ARPA funds to support ballot measure polling, language, legal expenses for the November 2024 election in the amount of $100,000 and previously discussed property tax, sales tax, and TOT revenue shortfalls in the amount of $873,000. In regard to ARPA funds, if the additional proposed usage in FY 2024 is approved, the City will still have $2.0 million of ARPA funds remaining which can be used for other purposes after all known and previously approved uses. As reminder, please note that ARPA funds must be fully obligated (be executed contracts) by December 31, 2024 and fully spent down by December 31, 2026.

o OFS – Committed/Assigned Reserves - FY 2024 Budget Estimate of $1,196,519 vs. Unchanged Year-End Projection of $1,196,519. $896,518 of this amount is the use of the City’s encumbrance carryover reserve to support the cost of necessary FY 2023 encumbrances carried over into FY 2024. However, please note that this revenue source is fully offset by an increase of expenditures to account for the same encumbrances carried over.

• Expenditures - On the other side of the ledger, expenditures are trending lower than FY 202 4 amended appropriations due primarily to significant salary savings year-to-date related to vacancies and limited bandwidth to recruit for all positions approved. As of the FY 2024 mid-year, the City had expended $16.22 million of a $36.25 million General Fund salary and benefits budget (44.74%). And by year-end, staff estimates that the City will realize salary savings of approximately $ 1.92 million based on year -to-date trends and known personnel costs throughout the remainder of the fiscal year. This should partially offset revenue shortfalls detailed previously as well as the need for several mid -year cost adjustments to account for unexpected and necessary expenditures, emergency repairs, increased fee based service demand, and inflation. These mid-year cost adjustments will be detailed in the subsequent section s as well as in Attachment B and Attachment C . The expenditure summary below as well as Attachment A again reflects the inclusion of requested mid-year appropriations adjustments so that their full impact can be seen if approved by Council:
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FY 2024 Mid-Year Update and Budget Adjustments Page 6 of 11

As of December 31, 202 3, General Fund expenditures equaled approximately $32.14 million; an increase of $4.97 million or 18.27% when compared to the same time period last fiscal year, which showed approximately $27.1 7 million in year-to-date expenditures. The large increase in year -to-date expenditures is due to planned increases in service levels since the pandemic, inflation, and negotiated salary and benefit increases across all bargaining groups. Nevertheless, as Attachment A shows, staff also expects year -end General Fund expenditures for FY 2024 to equal approximately $69.51 million; a decrease of $1.70 million from the budgetary appropriations for FY 202 4. This decrease is again primarily due to significant salary savings, partially offset by u nexpected and necessary expenditures, emergency repairs, increased fee based service demand, and inflation.

Requested Mid-Year Budget Adjustments (General Fund)

As previously stated, staff recommends budget appropriation decreases to General Fund expenditure accounts totaling $1.70 million in FY 2024. Table 1 below provides a summary of staff recommendations:

Table 1 – FY 202 4 Requested Mid -Year Budget Adjustments to Appropriations (General Fund Only)

DEPARTMENT / DESCRIPTION AMOUNT
Citywide
Decrease to labor costs due to expected salary savings across all departments over and above normal 2% vacancy factor and any other salary savings detailed below
($1,633,385)
City Manager’s Office
November 2024 Ballot Measure Polling, Misc. Ballot Language Consulting, and Other Related Legal Services offset by
proposed draw from ARPA Fund to cover expenditure
$100,000
Decrease to labor costs due to salary savings specific to Human Resources Division
($28,000)
Increase to contractual costs for interim HR Manager due to family medical leave
$49,999
Increase to Contractual Services for third party administration of commuter benefit program
$3,000
Increase to Contractual Services for additional training needed on new NEOGOV HR/Software program
$3,000
Decrease to Contractual Services due to terminated temporary staffing contract effective December 31, 2023
($39,000)
Increase transfer to IT Fund to support higher than expected equipment and software licensing costs
$74,036
Recreation & Community Services
Increase to cost of Senior Meals offset by County revenue $29,000 Decrease to Contractual Services due to less need for janitorial ($12,000) 14 Packet Pg. 731
FY 2024 Mid-Year Update and Budget Adjustments Page 7 of 11

DEPARTMENT / DESCRIPTION AMOUNT
and security services at the Campbell Community Center
Increase to Improvements Other than Building for Lighting Project at the Museum offset by previous donations
$20,000
Decrease to Advertising due to less than anticipated spending for Heritage Theatre show season
($14,240)
Decrease to Special Departmental due to less than anticipated spending for Heritage Theatre show season
($17,880)
Decrease to Professional and Special Services due to less labor costs associated with lower than expected Heritage Theatre rentals
($107,195)
Increase to Contractual Services due to increase in janitorial services contract for Heritage Theatre not included in budget $20,830
Increase to Maintenance and Operation of Equipment in Sports, Aquatics, and Fitness due to increased hours for weight room and frequency of spin classes
$2,000
Increase to Contractual Services in Sports, Aquatics, and Fitness due to increased contract class expenditures offset by revenues $4,800
Increase to Special Community Services in Sports, Aquatics, and Fitness due to unexpected repairs needed for pool sweeper, an additional class offset by revenues, and increased costs for fun runs also offset by revenues
$14,700
Decrease to labor costs due to reduction in staffing costs associated with pre-school and day camp
($60,975)
Increase to Contractual Services in Pre-School, Day Camp & Enrichment Classes due to increased enrollment in classes with contract instructors offset by revenues
$41,100
Finance
Decrease to labor costs due to salary savings specific to Finance ($2,360) Increase to Professional and Special Services to support integration of business license system with GIS offset by salary savings
$2,360
Increase to Professional and Special Services to support contract with an Investment Advisory firm for remainder of FY 2024 offset by increased Investment revenues
$35,000
Legal Services
Increase to Special Departmental to account for FPCC Litigation Settlement
$35,000
Police Department
Decrease to labor costs due to salary savings specific to Police Administration
($75,000)
Increase to Staff Development to account for new hires offset by salary savings
$75,000
Increase to Staff Development due to County grant for training offset by grant revenue
$4,905
Increase to Staff Development due to Wellness grant offset by $30,190 14 Packet Pg. 732
FY 2024 Mid-Year Update and Budget Adjustments Page 8 of 11

DEPARTMENT / DESCRIPTION AMOUNT
grant revenue
Decrease to labor costs due to salary savings specific to Police Communications
($50,000)
Increase to Overtime in Police Communications due to vacancies offset by base salary savings
$50,000
Decrease to labor costs due to salary savings specific to Police Field Services
($15,000)
Increase to Clothing in Police Field Servies due to new hires offset by base salary savings
$15,000
Decrease to Professional and Special Services in Police Field Services due to spreading out of reimbursable Organized Retail Theft (ORT) grant over 3 years offset by corresponding spread of grant revenues
($250,562
Public Works
Decrease to labor costs due to salary savings specific to Building Maintenance
($105,000)
Increase to Small Tool costs specific to Building Maintenance offset by salary savings
$5,000
Increase to Special Departmental specific to Building
Maintenance due to increase in custodial and chemical supplies costs offset by salary savings
$20,000
Increase to Contractual Services specific to Building Maintenance due to three (3) HVAC replacements at Heritage Theatre and Community Center offset by salary savings
$80,000
Total Recommended Budget Adjustments to Appropriations ($1,695,676)

Economic Update (as of February 9, 2024)

Although economic data was relatively light for the week ending February 9th, investor sentiment was dominated by Federal Reserve speakers. Fed Chairman Jerome Powell reiterated in a 60 Minutes TV interview that the FOMC (Federal Open Market Committee) wants to see more progress on inflation before cutting rates and downplayed chances for the first rate cut in March. While acknowledging the strength of the U.S. economy and labor market, Powell commented that policymakers want to be confident that inflation will remain sustainably below the FOMC’s 2% inflation target. In speeches last week, Fed governors Barkin, Collins, Kashkari, and Kugler echoed Powell’s comments suggesting the need for further progress on inflation and setting expectations for rate cuts to begin later this year. Surprising economic resilience has left policymakers wary of cutting too soon and reaccelerating demand and inflation. The market pared expectations for the Fed to ease, with futures contracts shifting the highest probability for the first rate cut into the June meeting.

Economic data last week was supportive of the Fed’s view for a delayed rate cut. The ISM Services Index stayed in expansionary territory for the 13th straight month, rising to

53.4 in January from 50.5 in December. Steady business conditions were reported 14 Packet Pg. 733
FY 2024 Mid-Year Update and Budget Adjustments Page 9 of 11 across the sector, with faster growth in new orders, employment and supplier deliveries.

The S&P Global PMI US Services Index ended January 2024 at 52.5, the best reading since June of last year, providing more evidence of healthy consumer demand for services. Initial US Jobless Claims decreased 9,000 to 218,000 in the week ended February 3rd and Continued Claims fell 23,000 to 1.871 million in the week ended January 27th week, demonstrating further proof of a strong labor market. The Senior Loan Officer Opinion Survey for the fourth quarter was also released last week. This gauge is closely monitored by the Fed to measure restrictiveness of financial conditions.

The survey showed that fewer banks are tightening lending standards and demand is slowly rebounding, which is positive news for banks and the economy.

The US economy grew at a surprisingly strong rate of 3.3% in the fourth quarter of 2023, according to the advanced estimate for GDP. The consensus estimate for fourth quarter GDP was significantly lower at 2.0%. The data continues to illustrate the strength of the consumer as personal consumption came in slightly above estimates at

2.8. However, the strength in the economy continues to defy indications of slowing reflected in macroeconomic indicators. The Conference Board’s Leading Economic Index (LEI) and the Chicago Fed National Activity Index (CFNAI) were both in negative territory at -

0.1% and -0.15% respectively for December 2023. Consistent monthly declines have historically been harbingers of economic recessions, although not always guaranteed.

US Home sales showed a modest increase in December 2023 with new home sales increasing 8% month -over-month, a significant rebound from the 9% decline in November 2023, yet below the consensus estimate of 10%. Pending home sales also increased at a rate of 8.3% for December 2023, up from a relatively flat reading in the prior month.

The consumer continues to show strength across several metrics. Personal Income data was in line with estimates, increasing 0.3% month -over-month while personal spending exceeded consensus estimates reaching 0.7% in December 2023, following a

0.4% increase month-over-month in November 2023.

Meanwhile, inflation data continued to show signs of slowing somewhat. December 2023 Personal Consumption Expenditures (PCE) data came in -line with consensus estimates for most metrics. Headline PCE was reported at 2.6% year -over-year unchanged from November 2023 while headline PCE increased 0.2% month -over- month from a prior decline of 0.1% in November 2023. The Fed’s preferred gauge, Core PCE, slowed to 2.9%, slightly below the consensus estimates of 3.0%. The continued slowing of inflation gives the Federal Reserve (Fed) the option to loosen monetary policy in 2024.

The US Job Openings and Labor Turnover report on January 30, 2024 showed an unexpected rise in job openings in December 2023, from an upwardly revised 8.9 million in November 2023 to 9.0 million representing a healthy ratio of around 1.5 jobs 14 Packet Pg. 734
FY 2024 Mid-Year Update and Budget Adjustments Page 10 of 11 for every unemployed individual. The Conference Board’s January 2024 measure of Consumer Confidence also came in at the highest level since the end of 2021, a reflection of the current strength in the labor market and falling inflation.

Manufacturing survey data continues to show improvement with the February 1, 2024 release of the Institute for Supply Management (ISM) Purchasing Managers’ Index (PMI) for January 2024 reaching its highest level since October 2022. A continued rebound in manufacturing may go some way to offset the gradual slowdown in the service sector of the economy.

The highly anticipated US employment report rounded out the week ending February 2 , 2024, which showed nonfarm payrolls jumped by 353,000 in January, well ahead of the market consensus estimate of 185,000. In addition, December 2023 payrolls were revised up from 216,000 to 333,000. The US unemployment rate remained unchanged at 3.7%. Average hourly earnings also ticked up to 0.6% month on month, 4.5% year on year. While seasonal adjustments and bad weather (reducing hours worked) may have impacted these numbers, the labor market remains unequivocally strong, which supports the Fed’s more patient stance on reducing interest rates this year.

In California, total nonfarm employment in the state increased by 9,300 jobs over the month of November 2023 . However, statewide unemployment increased to a rate of

4.9% in November 2023; higher than the rate of 4.1% in November 2022 and the rate of

4.8% in October 2023. This seems to be reflective of a recent surge in layoffs in the technology industry. In Santa Clara County, the rate remained unchanged at 3.8% in November 2023; equal to the rate of 3.8% in October 2023 and greater than the rate of

1.3% in November 2022. And in Campbell, the rate also remained unchanged at 3.2% in November 2023; equal to the rate of 3.2% in October 2023 and greater than the rate of 0.80 % in November 2022 . At its pandemic high point in April 2020, the Campbell unemployment rate had reached 11.7%.

FISCAL IMPACT
If approved, staff proposed adjustments would result in a decrease to General Fund budgeted revenues of $1,360,096 and a decrease to General Fund budgeted expenditures of $1,695,676; as shown in Attachments A, B, and C. If approved, the General Fund will be fully balanced in FY 2024.

ALTERNATIVES

1. Approve requested budget adjustments, but modify as desired.

2. Do not approve requested budget adjustments, but ask staff to return at a later date with modifications.

3. Provide staff with other direction.
14 Packet Pg. 735
FY 2024 Mid-Year Update and Budget Adjustments Page 11 of 11 Prepared by:

Will Fuentes, Finance Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Summary of General Fund Revenues vs Expenditures FY 2024 (Mid-Year) b. Resolution - FY 2024 Mid-Year Adjustments
c. Line-Item Detail for Mid-Year Adjustments (FY 2024)
d. Reconciliation of FY 2024 Adopted Budget to FY 2024 Amended Budget 14 Packet Pg. 736

SUMMARY ‐ Fiscal Year (FY) 2024 Attachment A
Q2 ‐ Ending December 31, 2023
GENERAL FUND
YTD Actuals Amd. Budget % of Budget Year‐End Proj Proj vs Bud YTD Actuals Year‐End % of YE YTD Growth ($) YTD Growth (%) REVENUES by Type
Property Tax 5,171,341$ 22,047,000$ 23.46% 21,847,000$ (200,000)$ ‐ 4,948,859$ 20,907,124$ 23.67% 222,483$ 4.50% Sales & Use Taxes 5,619,019$ 17,699,289$ 31.75% 16,826,202$ (873,087)$ ‐ 6,659,874$ 18,832,569$ 35.36% (1,040,855)$ ‐15.63% Other Taxes 3,582,033$ 9,691,400$ 36.96% 8,582,600$ (1,108,800)$ ‐ 3,572,401$ 8,605,378$ 41.51% 9,632$ 0.27% Licenses and Permits 1,700,441$ 4,290,300$ 39.63% 3,909,500$ (380,800)$ ‐ 1,868,755$ 3,387,574$ 55.16% (168,314)$ ‐9.01% Fines/Forfeits/Penalties 129,590$ 100,000$ 129.59% 150,000$ 50,000$ + 42,101$ 113,511$ 37.09% 87,488$ 207.80% Investments Income 798,462$ 810,900$ 98.47% 1,055,000$ 244,100$ + 451,837$ 413,171$ 109.36% 346,625$ 76.71% Intergovernmental Revenue 385,760$ 2,667,630$ 14.46% 2,541,100$ (126,530)$ ‐ 246,944$ 1,146,994$ 21.53% 138,816$ 56.21% Charges for Service 2,464,198$ 5,907,545$ 41.71% 5,893,860$ (13,685)$ ‐ 2,243,252$ 5,288,137$ 42.42% 220,947$ 9.85% Leases & Rentals 1,679,002$ 3,052,500$ 55.00% 3,098,400$ 45,900$ + 1,671,036$ 3,223,340$ 51.84% 7,966$ 0.48% Miscellaneous Revenues 119,562$ 147,510$ 81.05% 199,228$ 51,718$ + 66,908$ 256,540$ 26.08% 52,654$ 78.70% Other Revenues 28,159$ 87,000$ 32.37% 65,000$ (22,000)$ ‐ 31,381$ 63,369$ 49.52% (3,222)$ ‐10.27% OFS ‐ Operating Transfers In 2,071,340$ 3,169,592$ 65.35% 4,142,679$ 973,087$ + 395,686$ 791,371$ 50.00% 1,675,654$ 423.48% OFS ‐ Committed / Assigned Reserves 598,259$ 1,196,519$ 50.00% 1,196,519$ ‐$ = ‐$ ‐$ N/A 598,259$ N/A TOTAL REVENUES 24,347,192$ 70,867,184$ 34.36% 69,507,088$ (1,360,096)$ ‐ 22,199,034$ 63,029,077$ 35.22% 2,148,158$ 9.68%

FALSE FALSE FALSE FALSE FALSE
EXPENDITURES by Type
Salaries 10,028,810$ 23,520,505$ 42.64% 21,600,786$ (1,919,720)$ + 9,919,373$ 20,510,721$ 48.36% 109,438$ 1.10% Benefits 6,189,080$ 12,729,400$ 48.62% 12,729,400$ ‐$ = 6,062,820$ 12,832,210$ 47.25% 126,260$ 2.08% Supplies & Services 11,819,438$ 26,434,961$ 44.71% 26,564,968$ 130,007$ ‐ 7,960,074$ 22,446,292$ 35.46% 3,859,364$ 48.48% Rents & Leases 846,726$ 1,693,453$ 50.00% 1,693,453$ ‐$ = 846,726$ 1,693,453$ 50.00% ‐$ 0.00% Other Charges 153,203$ 567,900$ 26.98% 567,900$ ‐$ = 69,710$ 699,379$ 9.97% 83,494$ 119.77% Capital Outlay 12,432$ 78,300$ 15.88% 98,300$ 20,000$ ‐ 1,641$ 5,091$ 32.23% 10,792$ 657.80% Operating Transfers Out 1,612,000$ 3,224,000$ 50.00% 3,298,036$ 74,036$ ‐ 1,971,661$ 3,943,321$ 50.00% (359,661)$ ‐18.24% Capital Transfers Out 1,477,123$ 2,954,245$ 50.00% 2,954,245$ ‐$ = 341,066$ 682,131$ 50.00% 1,136,057$ 333.09% TOTAL EXPENDITURES 32,138,814$ 71,202,764$ 45.14% 69,507,088$ (1,695,676)$ + 27,173,070$ 62,812,598$ 43.26% 4,965,744$ 18.27%

FALSE FALSE FALSE FALSE FALSE
EXPENDITURES by Department
City Council 183,112$ 363,952$ 50.31% 363,952$ ‐$ = 158,910$ 353,431$ 44.96% 24,202$ 15.23% City Manager's Office 1,506,698$ 3,368,493$ 44.73% 3,457,493$ 89,000$ ‐ 1,159,903$ 3,024,681$ 38.35% 346,795$ 29.90% City Clerk's Office 236,354$ 577,829$ 40.90% 577,829$ ‐$ = 191,629$ 493,225$ 38.85% 44,725$ 23.34% Recreation & Comm Srvcs 3,191,187$ 7,116,300$ 44.84% 7,036,440$ (79,860)$ + 2,812,058$ 6,146,032$ 45.75% 379,129$ 13.48% Finance 1,086,113 $ 2,505,651$ 43.35% 2,540,651$ 35,000$ ‐ 1,033,200$ 2,596,613$ 39.79% 52,913$ 5.12% Community Development 1,737,904$ 6,025,667$ 28.84% 6,025,667$ ‐$ = 1,834,987$ 4,114,062$ 44.60% (97,084)$ ‐5.29% Legal Services 330,615$ 579,520$ 57.05% 614,520$ 35,000$ ‐ 205,069$ 525,090$ 39.05% 125,546$ 61.22% Police Department 10,485,723$ 23,251,913$ 45.10% 23,036,445$ (215,468)$ + 10,091,183$ 21,101,639$ 47.82% 394,539$ 3.91% Fire Services 5,430,459$ 10,860,918$ 50.00% 10,860,918$ ‐$ = 2,585,933$ 10,343,732$ 25.00% 2,844,526$ 110.00% Public Works 3,100,895$ 7,851,995$ 39.49% 7,851,995$ ‐$ = 2,994,274$ 6,526,179$ 45.88% 106,621$ 3.56% COVID‐19 (Payroll) ‐$ ‐$ N/A ‐$ ‐$ = 5,679$ 5,679$ 100.00% (5,679)$ ‐100.00% COVID‐19 (Non‐Payroll) ‐$ ‐$ N/A ‐$ ‐$ = 35,041$ 103,658$ 33.80% (35,041)$ ‐100.00% Non‐Departmental (Other) 4,849,754$ 8,700,525$ 55.74% 7,141,177$ (1,559,348)$ + 4,065,204$ 7,478,577$ 54.36% 784,550$ 19.30% TOTAL EXPENDITURES 32,138,814$ 71,202,764$ 45.14% 69,507,088$ (1,695,676)$ + 27,173,070$ 62,812,598$ 43.26% 4,965,744$ 18.27% Revenues vs. Expenditures (7,791,622)$ (335,580)$ ‐$ (4,974,036)$ 216,479$ FY 2023 Year over Year FY 2024

Page 1 of 2 ends

Campbell City CouncilMarch 5, 2024

Campbell City Council
March 5, 2024