City Council Agenda
City of Campbell, 70 N. First St., Campbell, California NOTE: This City Council Regular meeting will be conducted in person as well as telecommunication and is compliant with provisions of the Brown Act.
The City Council meeting will be live -streamed on Channel 26 or Channel 88, the City's website and on YouTube https://www.youtube.com/user/CityofCampbell for those who only wish to view the meeting.
Those members of the public wishing to provide public comment virtually are asked to register in advance at: https://www.campbellca.gov/signup. After registering, you will receive a confirmation email containing information about joining the meeting. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers.
Public comment will also be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the Council. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, May 21, 2024 7:00 p.m.
City Hall Council Chamber – 70 N. First Street
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1. Receive a Presentation from Valley Water on the Valley Water's Water Supply Master Plan
Recommended Action: That the City Council Receive a Presentation from Director Jim Beall, District 4, Valley Water Board of Directors, on the Water Supply Master Plan.
2. 2023-2024 Campbell Youth Commission Update
Recommended Action: That the City Council receive an update from the Campbell Youth Commission.
3. Proclamation Declaring the Week of May 19 - 25, 2024, National Public Works Week
Recommended Action: That the City Council proclaim the week of May 19 -25, 2024, as National Public Works Week for the City of Campbell.
COMMUNICATIONS AND PETITIONS
ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.
COUNCIL ANNOUNCEMENTS
CONSENT CALENDAR
NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of City Council, City staff, or a member of the public.
Any person wishing to speak on any item on the consent calendar should ask to have the item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.
4. Minutes of City Council Executive Session Meeting of May 7, 2024 Recommended Action: Approve the executive session meeting minutes of May 7, 2024.
5. Minutes of City Council Regular Meeting of May 7, 2024 Recommended Action: Approve the regular meeting minutes of May 7, 2024
6. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $4,272,141.15.
7. Second Reading of Ordinance 2308 Approving a Mitigated Negative Declaration, a Planned Development Permit and Density Bonus Request on Property Located at 57 -101 Gilman Avenue and 60 Dillon Avenue. (Ordinance/Roll Call Vote)
Recommended Action: That the City Council take second reading and adopt Ordinance 2308 approving a Mitigated Negative Declaration and approving a Planned Development Permit with a Density Bonus Request.
8. Second Reading of Ordinance 2309 Assembly Bill 481, Military Equipment Annual Report (Ordinance/Roll Call Vote)
Recommended Action: That the City Council take a second reading and adopt Ordinance 2309 renewing the Military Equipment Policy set forth in Chapter 8.44 of the Campbell Municipal Code.
9. Resolution Authorizing the Use of Fiscal Year 2024/25 Road Maintenance and Rehabilitation Account (RMRA) Funds for Annual Street Maintenance (FY2023 Thru FY2026) for Resurfacing of Hamilton Avenue, Project 23 -BB (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing the use of Fiscal Year 2024/25 Road Maintenance and Rehabilitation Account (RMRA) Funds for the Annual Street Maintenance (FY2023 through FY2026) for the resurfacing of Hamilton Avenue, Project 23-BB.
10. Accept Improvements for the Camden Avenue Resurfacing Project 21 -SS and File Notice of Completion (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution accepting the improvements for the Camden Avenue Resurfacing Project No. 21 -SS; directing the City Engineer to file the Notice of Completion; and authorizing the Finance Director to perform a budget adjustment returning the remaining project balance to fund balance (Vehicle Impact Fee) for future projects.
11. Letter of Support for Cleveland Commons Affordable Housing Project (Resolution/Roll Call Vote)
Recommended Action: That the City Council approve and authorize the Mayor to sign and submit to the Santa Clara Methodist Retirement Foundation a letter of support for the proposed Cleveland Commons Affordable Housing Project to support their applications for funding.
12. Authorization to Approve and Execute Agreements for Countywide AB939 Implementation Fee and Countywide Household Hazardous Waste (HHW) Collection Program (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving Agency Agreements for the Countywide AB939 Implementation Fee and the Countywide Household Hazardous Waste (HHW) Collection Program and authorizing the City Manager to execute said agreements and future extensions and amendments.
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
NOTE: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
NEW BUSINESS
13. Approval of Farmers' Market Agreement (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution approving an agreement and authorizing the City Manager to execute the agreement between the City of Campbell and Urban Village Farmers' Market Association for the operation and management of the Downtown Campbell Farmers' Market.
14. Proposed Modifications to the City Council Financial Assistance Program Policy (Resolution/Roll Call/Vote)
Recommended Action: That the City Council adopt a resolution approving the modifications to City Council Policy, Section 18, Financial Assistance Program Policy.
UNFINISHED BUSINESS
COUNCIL COMMITTEE REPORTS
15. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
ADJOURN
IMPORTANT NOTICE: Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbell, CA 95008, during normal business hours. These materials will also be available on the City website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet following the last item of the agenda, subject to staff’s ability to post the documents prior to the meeting. All documents not posted prior to the meeting will be posted the next business day.
In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the City Council Chambers. If you require accommodation, please contact the City Clerk’s Office, (408) 866-2117, at least one week in advance of the meeting.
City
Council
Report
TITLE: Receive a Presentation from Valley Water on the Valley Water's Water Supply Master Plan
RECOMMENDED ACTION
That the City Council Receive a Presentation from Director Jim Beall, District 4, Valley Water Board of Directors, on the Water Supply Master Plan.
BACKGROUND
Valley Water is the largest multi -purpose water supply, watershed stewardship, and flood management special district in the State. Valley Water serves nearly two million people in Santa Clara County by providing a reliable and safe water supply; enhancing streams and watersheds through creek restoration and habitat protection; and providing flood protection for homes, schools, and businesses.
(The information below was found on the Valley Water website) The Water Supply Master Plan (WSMP) is Valley Water’s guiding document for long - term water supply investments to ensure water supply reliability for the County. Updated about every five years, this long -range plan assesses future county -wide demands and evaluates and recommends water supply and infrastructure projects to meet those demands to achieve Valley Water’s level of service (LOS) goal through the planning horizon. Valley Water’s LOS goal is to “Meet 100 percent of annual water demand during non-drought years and at least 80 percent demand in drought years.”
DISCUSSION
Valley Water staff will present on the Goals of Water Supply Master Plan, Planning for Multiple Future Conditions, Projects Under Consideration as well as Strategies and the Water Supply Master Plan Schedule.
FISCAL IMPACT
There is no fiscal impact relating to acceptance of this presentation from Valley Water.
Item: 1
Category: SPECIAL PRESENTATIONS
AND PROCLAMATIONS
Meeting Date: May 21, 2024
1 Packet Pg. 5
Valley Water's Water Supply Master Plan Page 2 of 2
Prepared by:
Kristen Epolite, Deputy City Clerk
Approved by:
Brian Loventhal, City Manager
1 Packet Pg. 6
Reviewed by:
Andrea Sanders, City Clerk
City
Council
Report
TITLE: 2023-2024 Campbell Youth Commission Update
RECOMMENDED ACTION
That the City Council receive an update from the Campbell Youth Commission.
BACKGROUND
The 2023 -2024 Campbell Youth Commission is comprised of 14 Campbell residents who are in grades 8 -12 this school year. The Commission was introduced to the City Council on October 3, 2023 where they presented their sub -committees which would encompass their area of focus for the year. The commission presented term updates and recent achievements on March 19, 2024.
DISCUSSION
The Campbell Youth Commission established five sub committees for this year which included environmental sustainability, mental wellness, safety, physical health, and career and educational support. The presentation is intended to provide the City Council with a summary of the completed work and events put on by the Youth Commission this term. In addition to the term summary, they will specifically focus on events that were briefly introduced at their last presentation.
Prepared by:
Gracey Ferrel, Recreation Coordinator
Reviewed by:
Natasha Bissell, Recreation and
Community Services Director
Item: 2
Category: SPECIAL PRESENTATIONS
AND PROCLAMATIONS
Meeting Date: May 21, 2024
2 Packet Pg. 7
2023-2024 Campbell Youth Commission Update Page 2 of 2
Approved by:
Brian Loventhal, City Manager
2 Packet Pg. 8
City
Council
Report
TITLE: Proclamation Declaring the Week of May 19 - 25, 2024, National Public Works Week
RECOMMENDED ACTION
That the City Council proclaim the week of May 19 -25, 2024, as National Public Works Week for the City of Campbell.
BACKGROUND
In 1960, the American Public Works Association (APWA) instituted a public education campaign to draw attention to the importance of Public Works in the community. Public Works professionals are charged with critical responsibilities in connection with the planning, design, construction, maintenance and operation of numerous public works projects, programs, and facilities. These accomplishments are important in building and maintaining strong communities and are particularly noteworthy when their implementation succeeds despite limited availability of labor and/or financial resources.
DISCUSSION
National Public Works Week is observed each year in May and is intended to raise the public’s awareness of Public Works issues and activities; and to recognize the contributions made by Public Works professionals who are dedicated to improving the quality of life and building communities for the benefit of current and future generations.
This year marks the 64th Annual National Public Works Week and the theme for 2024 is “Advancing Quality of Life For All.” This year’s theme emphasizes the ways in which Public Works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well -being of the people within those communities.
The City’s Public Works staff continues to work diligently to keep the City’s streets, parks, and other public facilities in a safe and well -maintained condition to maintain a sense of civic pride and build positive community spirit. Additionally, staff continues to design, manage, and implement projects that are of value to the community, support a more sustainable environment, and improve the overall quality of life in Campbell.
Item: 3
Category: SPECIAL PRESENTATIONS
AND PROCLAMATIONS
Meeting Date: May 21, 2024
3 Packet Pg. 9
National Public Works Week Page 2 of 2
The attached proclamation declares the week of May 19 -25, 2024, as National Public Works Week for the City of Campbell.
Prepared by:
Carina Shattuck, Administrative Analyst I
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Proclamation
3 Packet Pg. 10
PROCLAMATION
OF THE
MAYOR OF THE CITY OF CAMPBELL
WHEREAS, in 1960 the American Public Works Association instituted a public education campaign to draw attention to the importance of Public Works in the community life; and
WHEREAS, Public Works professionals focus on services that are of vital importance for creating sustainable and resilient communities that improve the quality of life for the City; and
WHEREAS, these infrastructure, facility, and service efforts could not be p ossible without the dedication of Public Works professionals – including engineers, managers and employees at all levels – in both government and the private sector – who all have a role in maintaining, rebuilding, improving and protecting our nation’s transportation services, water and solid waste systems, public buildings, and facilities essential for our residents; and
WHEREAS, the quality and effectiveness behind the planning, design, construction , and maintenance of these operations are dependent upon the dedication and skills of Public Works officials; and
WHEREAS, it is within the best interest of residents, community groups, and civic leaders to gain as much knowledge and understanding about the important functions, services, and programs supported by Public Works and the impact this has on their respective communities; and
WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association, with the theme of “Advancing Quality of Life For All.”
NOW, THEREFORE, I, Susan M. Landry, Mayor of the City of Campbell, do hereby proclaim the week of May 19-25, 2024, as National Public Works Week within the City of Campbell, calling upon all residents and civic organizations to acquaint themselves with the programs and services supported by the many facets of Public Works, and recognize the contributions that Public Works employees make every day to ensure the health, safety, comfort and quality of life for all.
WITNESS MY HAND AND SEAL OF THE CITY OF CAMPBELL this 21st day of May 2024.
______________________________
Susan M. Landry, Mayor
City of Campbell, California
3.a
Packet Pg. 11
Attachment: Proclamation (National Public Works Week)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
STUDY SESSION MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, May 7, 2024 – 3:30 PM
City Hall Council Chamber
70 N. First St., Campbell, California
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
CALL TO ORDER
The City Council of the City of Campbell convened this day in the special meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.
ROLL CALL
Attendee Name Title Status
Susan M. Landry Mayor Present
Sergio Lopez Vice Mayor Present
Elliot Scozzola Councilmember Present
Dan Furtado Councilmember Present
Anne Bybee Councilmember Present
Staff Present:
Brian Loventhal, City Manager; Andrea Sanders, City Clerk, Kristen Epolite, Deputy City Clerk; Bill Seligmann, City Attorney; Will Fuentes, Finance Director; Norite Vong, Assistant Finance Director; Rob Eastwood, Community Development Director; Angelique Gaeta, Assistant City Manager; Todd Capurso, Public Works Director; Gary Berg, Police Chief; Ryan Favila, Interim Information Technology Manager; and Recreation and Community Services Director; Natasha Bissell.
PUBLIC COMMENT
There were no public speakers.
NEW BUSINESS
4 Packet Pg. 12
Minutes Acceptance: Minutes of May 7, 2024 3:30 PM (CONSENT CALENDAR)
Minutes of May 7, 2024 City Council Meeting Page 2
1. Fiscal Year 2024 -25 Budget Study Session - Preliminary Workplans, Operating Budget, and Capital Improvement Plan (CIP)
Recommended Action: That the City Council receive an update and provide feedback on preliminary Fiscal Year (FY) 2025 Workplans, the FY 2025 Operating Budget, and the 2025 - 2029 Five -Year Capital Improvement Plan (CIP).
City Manager Loventhal presented an overview of the meeting and the process of priority-based budgeting. He noted the workplans that were developed based on Council priorities as well as operational needs as: Long -Term Land Use Planning and Housing; Measure O; Financial Stability; Community Health & Safety and Operational and CIP.
The City Council provided comments and feedback on the FY2025 Workplans and stated support for the current priorities.
City Manager Loventhal reviewed FY24 -25 Operating Budget noting increased expenditures and other significant costs. He noted that without corrective strategies the budget could be at a deficit of $3.87 Million.
Finance Director Fuentes presented proposed budget correction strategies to include temporary hiring freeze; utilization of the City’s CalPERS pension Reserve; and utilization of ARPA Funds.
In response to Council concerns related to position hiring freezes and the impacts those will have on workplans, staff noted that the urgent positions such as HR Manager and Economic Development Manager would still be filled.
Mayor Landry called for a recess at 4:55 p.m. The City Council reconvened at 5:20 p.m.
Finance Director Fuentes presented information on the City’s American Rescue Plan Act (ARPA) funds. He noted the funds must be fully obligated by December 21, 2024. Proposed additional uses for ARPA funds in FY2025 included General Fund Operational support; City Facilities Roof Replacement Project; and Campbell PDA Enhancements.
The City Council discussed options for the remaining ARPA funds agreeing that they needed definitive uses on how to spend the funds.
City Manager Loventhal confirmed that further ARPA discussions will be had at the Operating Budget Introduction on June 4.
City Manager Loventhal presented information on the placement of one or more revenue measures on the November 2024 ballot.
Staff noted they were looking at restructuring how the City uses reserve funds, and that policy language would be developed and reviewed by the Finance 4 Packet Pg. 13
Minutes Acceptance: Minutes of May 7, 2024 3:30 PM (CONSENT CALENDAR)
Minutes of May 7, 2024 City Council Meeting Page 3
Subcommittee. The City Council provided feedback that they would prefer the policy to return to the full Council.
Assistant Finance Director Vong reviewed the Fiscal Year 2025 -2029 Capital Improvement Plan. (CIP)
The City Council provided general feedback and comments.
ADJOURN
Mayor Landry adjourned the meeting at 6:41 PM
APPROVED:
ATTEST:
Susan M. Landry, Mayor
Andrea Sanders, City Clerk
4 Packet Pg. 14
Minutes Acceptance: Minutes of May 7, 2024 3:30 PM (CONSENT CALENDAR)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, May 7, 2024 7:00 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
This meeting was recorded and can be viewed in its entirety at www.campbellca.gov/agendacenter.
CALL TO ORDER
The City Council of the City of Campbell convened this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.
ROLL CALL
Attendee Name Title Status
Susan M. Landry Mayor Present
Sergio Lopez Vice Mayor Present
Elliot Scozzola Councilmember Present
Dan Furtado Councilmember Present
Anne Bybee Councilmember Present
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Deputy City Clerk, Kristen Epolite in recognition of Municipal Clerks Week.
Mayor Landry thanked Ms. Epolite for leading the Pledge and presented her with a Certificate of Appreciation.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
*Item taken out of order following Item Four.
1. Proclamation Declaring the Month of May National Cities, Towns and Villages Month
Recommended Action: That the City Council proclaim May 2024 as National Cities, Towns, and Villages Month.
5 Packet Pg. 15
Minutes Acceptance: Minutes of May 7, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of May 7, 2024 City Council Meeting Page 2
Mayor Landry proclaimed May 2024 as National Cities, Towns and Villages Month in recognition of the importance of local government service. Celebrating their 100th anniversary, this proclamation is part of a national effort led by the National League of Cities. In appreciation of Campbell’s support, the National League of Cities will include the City of Campbell in their national press release on May 22, 2024, and will be recognized on NLC100.org.
The proclamation was presented to Councilmember Furtado who accepted the proclamation and expressed his appreciation for serving on the Board of Directors for National League of Cities for two years and discussed the importance of the league and their place in advocating for local municipalities.
2. Proclamation Recognizing Andrea Sanders
Recommended Action: That the Mayor and City Council acknowledge and extend congratulations to Andrea Sanders for receiving the 2024 CCAC Award of Distinction in Organization, Administration, and Communication.
Mayor Landry congratulated City Clerk, Andrea Sanders for her 2024 CCAC Award of Distinction in Organization, Administration, and Communication.
Ms. Sanders thanked the Council for the recognition and expressed her appreciation for the job and her Campbell coworkers.
3. Proclamation Declaring the Week of May 5 -11, 2024 as Municipal Clerks Week
Recommended Action: That the City Council issue a proclamation declaring the week of May 5-11, 2024 as Municipal Clerks Week in the City of Campbell.
Mayor Landry proclaimed May 5 -11, 2024 as Municipal Clerks Week. This year marks the 55th anniversary of Professional Municipal Clerks Week. The week is a time of celebration and reflection on the importance of the Municipal Clerk’s Office and to increase the public’s awareness of Municipal Clerks serving in their communities.
Mayor Landry presented Deputy City Clerk, Kristen Epolite and City Clerk, Andrea Sanders a proclamation declaring the week of May 5 -11, 2024 as Municipal Clerks Week in the City of Campbell.
Councilmembers expressed gratitude and appreciation for the Clerks Office and the many important services they provide.
4. Proclamation Recognizing Peace Officers Memorial Day and Declaring the Week of May 12-18, 2024 as National Police Week
Recommended Action: That the City Council recognize May 15, 2024, as “Peace Officers Memorial Day,” and May 12-18, 2024 as “National Police Week” to honor those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others.
5 Packet Pg. 16
Minutes Acceptance: Minutes of May 7, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of May 7, 2024 City Council Meeting Page 3
Mayor Landry proclaimed May 15, 2024, as “Peace Officers Memorial Day,” and May 12 -18, 2024 as “National Police Week” and presented Chief Berg and Captain Rice with a proclamation. National Police Week and Peace Officers Memorial Day pays special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others.
Police Chief Berg accepted the proclamation and thanked the council for the recognition and ongoing support.
COMMUNICATIONS AND PETITIONS
There were no communications and petitions.
ORAL REQUESTS
Ulka Agarwal, Campbell resident spoke in support of the City working towards adopting a Climate Action Plan and requested consideration to sit on the Climate Action Advisory Committee.
COUNCIL ANNOUNCEMENTS
In recognition of Professional Municipal Clerk’s Week, I would like to take this opportunity to recognize our City Clerk Andrea Sanders and Deputy City Clerk Kristen Epolite for the hard work that they do. Professional Municipal Clerk’s Week, is a time of celebration and reflection on the importance of the Clerk’s office and the vital services they provide for local government and the community.
Be sure to visit the 46 th annual Boogie Music Festival in downtown Campbell this weekend, Saturday, May 18 and Sunday May 19. There will be four stages of live music from all genres by the best local bands, a KidZone with activities, arts and craft booths and a variety of great food, beer and wine. For additional information, please visit campbellchamber.net.
Volunteers needed to help pickup litter. Join the fun, and help clean up around your local Santa Clara County Waterways. Register today for the National River Cleanup Day, on Saturday, May 18, 9:00 am to noon at Cleanacreek.org.
Join the Campbell Veterans Memorial Foundation in honoring the men and women who have died while serving in the United States military on Monday, May 27 from 9:00 am to 10:00 am at the Orchard City Green located here at City Hall.
City offices will be closed for business Monday, May 27 in observance of Memorial Day.
Police and emergency services will remain open.
CONSENT CALENDAR
Mayor Landry asked if anyone wished to remove an item from the Consent Calendar.
5 Packet Pg. 17
Minutes Acceptance: Minutes of May 7, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of May 7, 2024 City Council Meeting Page 4
Councilmember Bybee noted Item 11 congratulating Sergent Victor Quintero upon his retirement from the Campbell Police Department who was unable to attend the meeting in person.
The Consent Calendar was considered as follows:
5. Minutes of City Council Regular Meeting of April 16, 2024 Recommended Action: Approve the regular meeting minutes of April 16, 2024.
This action approves the regular meeting minutes of April 16, 2024.
6. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $3,709,083.31.
This action approves the bills and claims in the amount of $3,709,083.31 as follows: payroll checks dated March 28, 2024, in the amount of $75,957.52; bills and claims checks dated April 1, 2024, in the amount of $592,571.74; bills and claims checks dated April 8, 2024, in the amount of $272,041.27; payroll checks date April 11, 2024, in the amount of $29,614.36; and bills and claims checks dated April 15, 2024, in the amount of $2,738,898.42.
7. Monthly Investment Transactions Report (March 2024)
Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for March 2024.
This action reviews and accepts the Monthly Investment Transactions Report for March 2024.
8. Monthly Treasurer's Report (March 2024)
Recommended Action: That the City Council review and accept the Monthly Treasurer’s Report for the month ended March 31, 2024.
This action reviews and accepts the Monthly Treasurer's Report for the month ended March 31, 2024.
9. Investment Report - Quarter Ending March 2024
Recommended Action: That the City Council approve the Investment Report for the quarter ending March 2024 and the report be noted and filed.
This action notes and files the Investment Report for the quarter ending March 2024
10. A Resolution of the City Council Authorizing the City Manager to Sign a Services Agreement with Heidi Marini (Integrative Therapy) to Continue Mental Health Services for the Campbell Police Department (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the City Manager to sign a services agreement with Heidi Marini (Integrative Therapy) to continue mental health services for the Campbell Police Department. 5 Packet Pg. 18
Minutes Acceptance: Minutes of May 7, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of May 7, 2024 City Council Meeting Page 5
Resolution 13149 authorizes the City Manager to sign a services agreement with Heidi Marini (Integrative Therapy) to continue mental health services for the Campbell Police Department.
11. Commending Sergeant Victor Quintero for 17 Years of Service to the City Of Campbell (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution commending Sergeant Victor Quintero, upon his retirement, for 17 years of outstanding service with the City of Campbell Police Department.
Resolution 13150 commends Sergeant Victor Quintero, upon his retirement, for 17 years of outstanding service with the City of Campbell Police Department.
M/S: Bybee/Lopez – That the City Council approve the Consent Calendar.
The motion was approved by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Lopez
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
12. Public Hearing to Consider the Request of Richard Yee on Behalf of Robson Homes, LLC to Allow the Construction of a Residential Planned Development Including 25 Townhomes with 12 Junior Accessory Dwelling Units (JADUs) and One 10 -Unit Apartment Building, the Creation of 26 Private Lots and 7 Common Lots (33 New Lots), with Use of a 35% Density Bonus (10 Additional Units) and Waivers from the Zoning Code and East Campbell Avenue Master Plan, and Removal of Five (5) Trees on Property Located at 57 -101 Gilman Avenue and 60 Dillon Avenue. The Applications Under Consideration Include a Planned Development Permit, Density Bonus Request, Tentative Subdivision Map, and Tree Removal Permit, Submitted Under an SB -330 Preliminary Application Filed in Compliance with Gov. Code § 65941.1. File No.: PLN -2023-125.
(Ordinance/Resolution/Roll Call Vote)
Recommended Action: The Planning Commission recommends that the City Council take the following actions: (1) Introduce an ordinance adopting a Mitigated Negative Declaration and approving a Planned Development Permit with a Density Bonus Request; and (2) Adopt a resolution approving a Tentative Vesting Subdivision Map and a Tree Removal Permit.
This is the time and place for a public hearing to consider the request of Richard Yee on behalf of Robson Homes, LLC to allow the construction of a residential planned development, including 25 townhomes with 12 Junior Accessory Dwelling Units (JADUs) and one 10 -Unit apartment building, the creation of 26 private lots and 7 common lots (33 New Lots), with use of a 35% Density Bonus 5 Packet Pg. 19
Minutes Acceptance: Minutes of May 7, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of May 7, 2024 City Council Meeting Page 6
(10 Additional Units) and waivers from the Zoning Code and East Campbell Avenue Master Plan, and removal of five (5) trees on property located at 57 -101 Gilman Avenue and 60 Dillon Avenue.
Mayor Landry asked if any Councilmembers had any disclosures to make. There were no disclosures.
Senior Planner Fama presented a staff report dated May 7, 2024.
Following City Council questions, Mayor Landry opened the public hearing and asked if anyone wished to speak.
Richard Yee, Robson Homes, LLC Project Manager, gave a PowerPoint presentation on the project and depicted the project designs and site plan.
Seeing no other public speakers, Mayor Landry closed the public hearing.
After discussion, M/S: Lopez/Scozzola – That the City Council introduce ordinance 2308 adopting a Mitigated Negative Declaration and approving a Planned Development Permit with a Density Bonus Request; and adopt resolution 13151 approving a Tentative Vesting Subdivision Map and a Tree Removal Permit. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Scozzola
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
City Clerk Sanders read the full title of Ordinance 2308.
M/S: Bybee/Furtado – That the City Council waive further reading of Ordinance 2308. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
13. Assembly Bill 481, Military Equipment Annual Report (Ordinance/Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution finding that each type of military equipment identified in the 2023 Military Equipment Annual Report has complied with the standard set forth in Ordinance 2280; and introduce an ordinance for first reading renewing City of Campbell Ordinance 2280, per the requirements set forth in California Government Code § 7070, et. seq.
5 Packet Pg. 20
Minutes Acceptance: Minutes of May 7, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of May 7, 2024 City Council Meeting Page 7
This is the time and place for a public hearing to adopt a resolution finding that each type of military equipment identified in the 2023 Military Equipment Annual Report has complied with the standard set forth in Ordinance 2280; and introduce an ordinance for first reading renewing City of Campbell Ordinance 2280, per the requirements set forth in California Government Code § 7070, et. seq.
Police Captain Rice presented a staff report dated May 7, 2024.
Following Council questions, Mayor Landry opened the public hearing and asked if anyone wished to speak.
Seeing no public speakers, Mayor Landry closed the public hearing.
After discussion, M/S: Furtado/Bybee – That the City Council adopt Resolution 13152 finding that each type of military equipment identified in the 2023 Military Equipment Annual Report has complied with the standard set forth in Ordinance 2280; and introduce ordinance 2309 for first reading renewing City of Campbell Ordinance 2280, per the requirements set forth in California Government Code § 7070, et. seq. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
City Clerk Sanders read the full title of Ordinance 2309.
M/S: Furtado/Bybee – That the City Council waive further reading of Ordinance 2308. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
NEW BUSINESS
14. Downtown Special Event Permit - Chamber Boogie Music Festival 2024 (Resolutions/Roll Call Vote)
Recommended Action: That the City Council (1) adopt a resolution approving a Downtown Special Event Permit for the Campbell Chamber of Commerce (Chamber)’s Boogie Music Festival 2024; and (2) adopt a resolution granting a waiver of City fees related to the Chamber's Boogie Music Festival 2024.
Assistant City Manager Gaeta presented a staff report dated May 7, 2024.
Following Council questions, Mayor Landry asked if anyone wished to speak. 5 Packet Pg. 21
Minutes Acceptance: Minutes of May 7, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of May 7, 2024 City Council Meeting Page 8
Ken Johnson, Executive Director of the Campbell Chamber of Commerce spoke about the Chamber Boogie event and noted the difficulty in paying full cost recovery. He requested the City Council grant a fee waiver to allow the Chamber to pay no more than $25,000 for the event.
The City Council expressed support for the Special Event Permit and discussed the Fee Waiver request.
Various Councilmembers expressed their concern with the fee waiver request to not exceed $25,000 in light of recent City budgetary constraints. It was noted that the City currently has a fee waiver policy in place to support a waiver of 25% of the costs associated with the City issuing a Downtown Special Event Permit
After discussion, M/S: Bybee/Furtado – That the City Council adopt resolution 13153 approving a Downtown Special Event Permit for the Campbell Chamber of Commerce (Chamber)’s Boogie Music Festival 2024; and adopt resolution 13154 granting a waiver of City fees related to the Chamber's Boogie Music Festival 2024. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [4 TO 1]
MOVER: Bybee
SECONDER: Furtado
AYES: Lopez, Scozzola, Furtado, Bybee
NAYS: Landry
UNFINISHED BUSINESS
There was no unfinished business.
COUNCIL COMMITTEE REPORTS
15. Approve Appointments to the Civic Improvement Commission Recommended Action: It is recommended that the City Council approve the recommendation of the Advisory Commissioner Appointment Interview Subcommittee regarding appointments to the Civic Improvement Commission for two short-terms expiring August 2026.
The Advisory Commissioner Appointment Interview Subcommittee (Mayor Landry and Councilmember Furtado) reported out on the Civic Improvement Commission interviews and made their recommendations to appoint Sophia Commisso and Georgia Pattison. The Subcommittee noted that all the applicants were good and encouraged those who were not appointed to continue applying for Board and Commission openings.
After council questions, Mayor Landry asked if anyone from the public wished to speak.
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Minutes Acceptance: Minutes of May 7, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of May 7, 2024 City Council Meeting Page 9
Sophia Commisso, Campbell resident expressed her excitement on being appointed to the Civic Improvement Commission and is looking forward to collaborating with the other members.
Georgia Pattison, Campbell resident expressed her gratitude for the opportunity and is looking forward to serving the community.
Councilmembers expressed their appreciation for the Civic Improvement Commission applicants.
After discussion, M/S: Furtado/Bybee – That the City Council approve the recommendation of the Advisory Commissioner Appointment Interview Subcommittee and appoint Sophia Commisso and Georgia Pattison to the Civic Improvement Commission for two short -terms expiring August 2026.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
16. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Councilmember Scozzola attended the Taste of Campbell CERT fundraiser.
Councilmember Furtado provided updates on the West Valley Solid Waste Authority JPA meeting; the West Valley Sanitation and the West Valley Clean Water JPA.
Vice Mayor Lopez attended the Campbell Chamber of Commerce Celebrate Campbell event; the First meeting of the Campbell legislative subcommittee; Bay Area Quality Management District Board of Directors meeting; attended a number of air district and Valley Transportation Authority meetings; opening of the beer garden for Orale Baja; and will be attending Mavis S. at the Heritage Theatre.
Councilmember Bybee attended the legislative briefing, with Assembly members Berman and Cortese office also in attendance; attended a reception in Los Altos hosted by Congresswoman Eshoo to celebrate high school students that participated in a national art competition, a student from Leigh High School was the winner; Celebrate Campbell, and the Campbell Arbor Day celebration.
Mayor Landry attended a reception in Los Altos hosted by Congresswoman Eshoo to celebrate high school students that participated in a national art competition, a student from Leigh High School was the winner; Mayors and Managers monthly meeting; Santa Clara County Library District JPA Board 5 Packet Pg. 23
Minutes Acceptance: Minutes of May 7, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of May 7, 2024 City Council Meeting Page 10
Meeting; DCBA meeting; Celebrate Campbell and spoke at the Campbell Arbor Day celebration.
ADJOURN
Mayor Susan Landry, adjourned the meeting at 8:20 PM
APPROVED:
ATTEST:
Susan M. Landry, Mayor
Andrea Sanders, City Clerk
5 Packet Pg. 24
Minutes Acceptance: Minutes of May 7, 2024 7:00 PM (CONSENT CALENDAR)
City
Council
Report
TITLE: Approving Bills and Claims
RECOMMENDED ACTION
Approve the bills and claims in the amount of $4,272,141.15.
DISCUSSION
The bills and claims that have been audited and approved by staff for payments made as noted below:
Type Check Date Amount
Bills & Claims April 22, 2024 $2,756,962.79
Payroll April 25, 2024 $34,696.62
Bills & Claims April 29, 2024 $1,480,481.74
Total $4,272,141.15
FISCAL IMPACT
Requested action does not require a budget adjustment. Adequate funding was available to cover all expenses as listed.
Prepared by:
Celia Deniz, Accounting Clerk II
Reviewed by:
Norite Vong, Assistant Finance Director
Item: 6
Category: CONSENT CALENDAR
Meeting Date: May 21, 2024
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Approving Bills and Claims Page 2 of 2
Approved by:
Brian Loventhal, City Manager
6 Packet Pg. 26
City
Council
Report
TITLE: Second Reading of Ordinance 2308 Approving a Mitigated Negative Declaration, a Planned Development Permit and Density Bonus Request on Property Located at 57 -101 Gilman Avenue and 60 Dillon Avenue. (Ordinance/Roll Call Vote)
RECOMMENDED ACTION
That the City Council take second reading and adopt Ordinance 2308 approving a Mitigated Negative Declaration and approving a Planned Development Permit with a Density Bonus Request.
BACKGROUND
At the regular meeting of May 7, 2024, the City Council held a public hearing to consider the request of Richard Yee on behalf of Robson Homes , LLC to allow the construction of a residential Planned Development including 25 Townhomes with 12 Junior Accessory Dwelling Units (JADUs) and one 10-Unit Apartment Building, the creation of 26 private lots and 7 common lots (33 New Lots), with use of a 35% Density Bonus (10 Additional Units) and Waivers from the Zoning Code and East Campbell Avenue Master Plan, and Removal of Five (5) Trees on Property Located at 57-101 Gilman Avenue and 60 Dillon Avenue.
The application under consideration includes Ordinance 2308 adopting a Mitigated Negative Declaration and approving a Planned Development Permit and Density Bonus Request.
The item was approved by unanimous vote and the City Council took first reading of Ordinance 2308. In accordance with Gov. Code 36933, A summary of Ordinance 2308 was published in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara on May 15, 2024 and will be published again on May 29, 2024, following approval of second reading. Ordinance 2308 will become effective 30 days following the second reading approval.
FISCAL IMPACT
Nominal publication costs are associated with approving the Ordinance second reading to meet the requirement of Gov. Code 36933, but can be absorbed within the current FY Item: 7
Category: CONSENT CALENDAR
Meeting Date: May 21, 2024
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Second Reading of Ordinance 2308 Page 2 of 2
2024 Operating Budget. Costs for codification of the Ordinance in the Campbell Municipal Code are also included in the current budget by way of purchase order. Other fiscal impacts are included in the staff report introducing the Ordinance on May 7, 2024.
Prepared by:
Kristen Epolite, Deputy City Clerk
Approved by:
Brian Loventhal, City Manager
Attachment:
a. CC Ordinance
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Reviewed by:
Andrea Sanders, City Clerk
ORDINANCE NO. 2308
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL ADOPTING A MITIGATED NEGATIVE DECLARATION
AND APPROVING A PLANNED DEVELOPMENT PERMI T WITH A
DENSITY BONUS TO ALLOW CONSTRUCTION OF A RESIDENTIAL
PLANNED DEVELOPMENT INCLUDING 25 TOWNHOMES WITH 12
JUNIOR ACCESSORY DWELLING UNITS (JADUS) AND ONE 10-UNIT APARTMENT BUILDING USE OF A 35% DENSITY BONUS (10
ADDITIONAL UNITS) AND WAIVERS FROM THE ZONING CODE AND
EAST CAMPBELL AVENUE MASTER PLAN FOR PROPERTY
LOCATED AT 57-101 GILMAN AVENUE AND 60 DILLON AVENUE ,.
FILE NO.: PLN-2023-125
After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows:
1. The Proposed Project is an application for a Planned Development Permit to allow construction of a residential planned development including 25 townhomes with 12 junior accessory dwelling units (JADUs) and one 10 -unit apartment building with use of a 35% density bonus (10 additional units) in association with a Tentative Subdivision Map to allow the creation of 26 private lots and 7 common lots (33 new lots), and a Tree Removal Permit to allow removal of five (5) trees.
2. The Project Site is an approximately 1.15 (gross) acre assemblage of six adjacent parcels located southwest of the Gilman Avenue/East Campbell Avenue intersection, and is currently developed with two vacant single-family residences and a variety of commercial and light industrial uses that will be demolished.
3. The Proposed Project was submitted under an SB -330 preliminary application filed in compliance with Government Code § 65941.1 on March 3, 2023, predating the June 2, 2023, implementation date of the new General Plan, revised Zoning Code, and Multi -Family Development and Design Standards (MFDDS).
4. Due to the aforementioned preliminary application, the application is not subject to any objective design standards nor any zoning district specific development standards.
5. The Project Site was designated at the time of pre-application submittal as Central Commercial (60 Dillon Avenue) and Commercial/Medium Density Residential (Remaining Parcels) and zoned P-D (Planned Development), as shown on the former Campbell General Plan and Zoning Maps, respectively.
6. The Project Site is currently developed with two vacant single-family residences and a variety of commercial uses that will be demolished as part of the project.
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Attachment: CC Ordinance (Second Reading of Ordinance 2308) City Council Ordinance 2308 – Planned Development Permit, Density Bonus
57 – 101 Gilman Avenue & 60 Dillon Avenue
7. The Project site at the time of pre -application was subject to the East Campbell Avenue Master Plan (60 Dillon Avenue) and the South of Campbell Avenue (SOCA) Plan (remaining parcels).
8. The allowable conforming unit count for the Proposed Project is 25 units (25.894 units, rounded down per CMC Sec. 21.02.020.D), calculated by adding the allowable unit count for the 60 Dillon Avenue parcel located within the East Campbell Avenue Master Plan (0.242 gr. acres × 27 units/gr. acre = 6.534 units) and the remaining parcels within the South of Campbell Avenue (SOCA) Plan (1.2103 gr. acres × 16 units.gr. acre = 19.36 units) together.
The allowable density range for the SOCA Plan is based on the Sub -Area 3 density table, where the net lot area of the SOCA parcels is 41,328 square -feet, which is within the allowable 12-16 units/gr. acre density range for projects with a net lot size equal to a greater than ½ acre but less than one acre.
9. With 25 conforming units, the Proposed Project's 15% Inclusionary Housing obligation is 4 units (3.75 units, rounded up per CMC Sec. 21.24.040.A). Consistent with the conforming unit count distribution of 40% of rental units (10 units ÷ 25 total units) and 60% of for -sale units (15 units ÷ 25 units), the proportional distribution of BMR is two (2) rental units (4 units × 40% = 1.66 units = 2 units) and two (2) for-sale units (4 units × 60% = 2.4 units = 2 units).
Consistent with the distribution requirement s for inclusionary units provided in CMC Sec.
21.24.040.D and 21.24.040.E, one (1) Very -Low-Income rental unit, one (1) Low -Income rental unit, one (1) Low-Income for-sale unit, and one (1) Moderate-Income for-sale unit shall be required.
10. The Proposed Project includes provision of two (2) Very -Low-Income rental units, one (1) Moderate for -sale unit, and one (1) Very -Low-Income for -sale unit, satisfying the aforementioned 15% Inclusionary Housing requirement. Further, the three (3) Very -Low- Income units also constitute the "target" units for the requested Density Bonus. Specifically, the three (3) "target" units equal 12% (11.5% rounded up) of the 26 allowable "base" units (25.894 units rounded up). Provision of 12% of Very -Low-Income "target" units qualifies the Proposed Project for a 38.75% density bonus allowing for eleven (11) "density" bonus units (26 "base" units x 38.75%, rounded up). The eleven (11) "bonus" units are permitted in addition to the otherwise allowable 25 "conforming" unit s (25.894 units, rounded down per CMC Sec. 21.02.020.D) for a total allowable unit count of 36 units. The Proposed Project includes ten (10) "bonus" units for a total unit count of 35 units, exercising only a 35% density bonus (26 "base units" units x 35%, rounded up). The Proposed Project is therefore consistent with the requested Density Bonus.
11. The Proposed Project's 35 units would result in a density of 24 units/gr. acre (35 units ÷
1.452 gr. acre), consistent with the density range of the applicable Central Commercial (60 Dillon Avenue) and Commercial/Medium Density Residential (Remaining Parcels) designations, with the requested Density Bonus.
12. The Proposed Project includes provision for interior junior accessory dwelling units, fulfilling the City's accessory dwelling unit (ADU) "Development Policy" (CMC Section 21.23.090) that requires twenty percent (20%) percent of new dwellings within a residential subdivision with five or more parcels to be designed to allow for future creation of an accessory dwelling unit, or alternatively, include an accessory dwelling unit.
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Attachment: CC Ordinance (Second Reading of Ordinance 2308) City Council Ordinance 2308 – Planned Development Permit, Density Bonus
57 – 101 Gilman Avenue & 60 Dillon Avenue
13. Junior accessory dwelling units are not considered dwelling units for purposes of residential density or the Inclusionary Housing Ordinance pursuant to former CMC Section 21.04.020, Table 2-1, Note (1), and Section 21.24.030 – Definition of "Residential Project," respectively.
14. The proposed Planned Development Permit would be adopted by City Council ordinance as also required by former CMC Section 21.12.030.H.10.c(1), because the project consists of the construction of more than twenty thousand square feet of gross floor area.
15. The Proposed Project is a "housing development project" under State law, which limits the City in its capability to "deny, reduce the density for, or render infeasible" the project under the Housing Accountability Act (HAA) (Government Code Section 65589. 5) unless: 1) the proposal is found to be in violation of an objective general plan/zoning standard (other than those waived/reduced through use of the Density Bonus law); or 2) the project will result in a specific adverse impact to public health and safety.
16. The Proposed Project would be consistent with the following General Plan policies and strategies:
• Strategy LUT-3.1c: High Density Residential: Allow higher residential densities in the North of Campbell Area (NOCA), South of Campbell Area (SOCA), and areas near the Light Rail stations as an incentive to redevelop older, less intensive uses. • Policy LUT -5.1: Neighborhood Integrity: 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 i ntegrity of the city’s neighborhoods.
• Policy LUT -5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian -friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services.
• Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and natural resources.
• Strategy LUT-9.3d: Building Design: Design buildings to revitalize streets and public spaces by orienting the building to the street, including human scale details and massing that engages the pedestrian.
• Strategy LUT-9.3e: Building Materials: Encourage the use of long -lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. • Strategy LUT-9.3f: Development Orientation: Orient new development toward public and private amenities or open space,
• Policy LUT-10.1: Landscaping: Encourage the retention and planting of landscaping to enhance the natural and built environment.
• Policy LUT-10.2: Roadway Landscaping: Landscape public roadways to define the character of districts and neighborhoods.
• Policy LUT -16.1: Land Use: Allow commercial, industrial and / or residential land uses in accordance with the adopted plan for each SOCA subarea.
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Attachment: CC Ordinance (Second Reading of Ordinance 2308) City Council Ordinance 2308 – Planned Development Permit, Density Bonus
57 – 101 Gilman Avenue & 60 Dillon Avenue
• Policy CNR -4.1: Tree Planting: Plant additional trees to maintain and enhance the City’s suburban forest.
• Policy CNR -11.2: Effects of Development on Air Quality: Use the City’s development review process and the California Environmental Quality Act to evaluate and mitigate the local and cumulative effects of new development on air quality.
• Policy H-3.1: Inclusionary Housing: Support the development of additional affordable housing by nonprofit and for -profit developers through financial assistance and/or regulatory incentives.
Ensure that new residential development in Campbell integrates units affordabl e to lower - and moderate-income households or contributes funds to support affordable housing activities (when funding is available). Create additional levels of affordability within the Inclusionary Housing Ordinance in a way that does not create a governmental constraint to housing production.
17. The proposed Planned Development Permit incorporates a requirement for off-site public improvements including dedication of right-of-way for public street purposes and installation of City standard curb, gutter, sidewalk, driveways, street tree(s), and streetlight(s).
18. In review of the proposed project, the City Council considered the site circulation, traffic congestion, and traffic safety effects of the project, including the effect of the site development plan on traffic conditions on abutting streets; the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways; the arrangement and adequacy of off -street parking facilities to prevent traffic congestion; the location, arrangement, and dimensions of truck loading and unloading facilities; the circulation patterns within the boundaries of the development, and; the surfacing and lighting of the off-street parking facilities.
19. The City Council further considered the landscaping design of the proposed project, including the location, height, and material of fences, walls, hedges, and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations, and other unsightly aspects of the development; the planting of groundcover or other surfacing to prevent dust and erosion, and the preservation of existing healthy trees.
20. The City Council further considered the proposed project's architectural and site layout, including the general silhouette and mass, including location on the site, elevations, and relation to natural plant coverage, all in relationship to the surrounding neighborhood; th e exterior design in relation to adjoining structures in terms of area, bulk, height, openings, and breaks in the facade facing the street; and appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole.
21. 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.
22. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project.
23. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project.
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Attachment: CC Ordinance (Second Reading of Ordinance 2308) City Council Ordinance 2308 – Planned Development Permit, Density Bonus
57 – 101 Gilman Avenue & 60 Dillon Avenue
Based upon the foregoing findings of fact and in consideration of the entire administrative record, the City Council further finds and concludes that:
Planned Development Permit Findings (CMC Sec. 21.12.030.H.6):
1. The proposed development will clearly result in a more desirable environment and use of the land than would be possible under any other zoning district classification;
2. The proposed development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area;
3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property;
4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole;
5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project;
6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project;
7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment; Density Bonus Finding(s) (CMC Sec. 21.20.140.2):
1. The residential project is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested; conforms to all standards for affordability included in this chapter; and includes a financing mechanis m for all implementation and monitoring costs;
2. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required by Section 21.20.110;
3. If the density bonus is based all or in part on dedication of land, the approval body has made the findings included in Government Code Section 65915(h);
4. If the density bonus, incentive, or concession is based all or in part on the inclusion of a childcare facility, the approval body has made the finding included in Government Code Section 65915(i);
5. If the incentive or concession includes mixed use buildings or developments, the approval body has made the finding included in Section 21.20.110(4)(g);
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Attachment: CC Ordinance (Second Reading of Ordinance 2308) City Council Ordinance 2308 – Planned Development Permit, Density Bonus
57 – 101 Gilman Avenue & 60 Dillon Avenue
6. If a waiver or modification is requested, the applicant has shown that the waiver or modification is necessary to make the housing units economically feasible by providing appropriate financial analysis and documentation as described in Section 21.20.110 (5), and that the development standards will have the effect of precluding the construction of the residential project at the densities or with the incentives or concessions permitted by this section.
Environmental Findings (CMC Sec. 21.38.050):
1. The Project Site is not listed on the Hazardous Waste and Substances Sites List as set forth in Government Code Section 65962.5.
2. The Community Development Department has prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the Project in accordance with the requirements of the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively "CEQA").
3. The City of Campbell is the lead agency on the Proposed Project, and the City Council is the decision-making body, upon recommendation by the Planning Commission, that may grant approval to undertake the Proposed Project.
4. The Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis of the City of Campbell as lead agency for the Project.
5. The Initial Study/Mitigated Negative Declaration concluded that implementation of the Project could result in potentially significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less-than-significant level.
6. The Proposed Project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the California Department of Fish and Game Code.
7. There are no responsible agencies or trustee agencies responsible for resources affected by the project.
8. In connection with the approval of a project involving the preparation of an Initial Study/Mitigated Negative Declaration that identifies one or more significant environmental effects, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environment effects to a less-than-significant level.
9. Whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project for consideration by the decision- maker of the lead agency as attached to the Mitigated Negative Declaration.
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Attachment: CC Ordinance (Second Reading of Ordinance 2308) City Council Ordinance 2308 – Planned Development Permit, Density Bonus
57 – 101 Gilman Avenue & 60 Dillon Avenue
10. The mitigation measures identified in the Mitigated Negative Declaration are included as Conditions of Approval of the Planned Development Permit.
11. The Notice of Intent to adopt a Mitigated Negative Declaration was published in the Metro Silicon Valley , a local newspaper of general circulation; provided by mailed notice to those individuals and organizations requesting notification; posted with the Clerk- Recorder of the County of Santa Clara; and made available on the City's website.
12. The City of Campbell provided a 20 -day public review period of the Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines. The 20-day public review period was from February 28th, 2024 to March 19th, 2024.
13. As the Mitigated Negative Declaration was circulated after July 1, 2020, transportation impacts of the Proposed Project were evaluated using the vehicle miles traveled (VMT) methodology consistent with SB 743 (2013), codified in Public Resources Code secti on 21099 and CEQA Guidelines section 15064.3.
14. As included in the administrative record, the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Project are incorporated into this Resolution.
15. The Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Project are on file with the Campbell Community Development Department, as Custodian, located at Campbell City Hall, 70 North First Street, Campbell, CA 95008 and are available for inspection by any interested person.
16. The City Council has reviewed and considered the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Proposed Project and has recommended that the City Council approve the Proposed Project in compliance with CEQA.
SECTION ONE: That this Ordinance be adopted to adopt a Mitigated Negative Declaration, approve a Planned Development Permit with a Density Bonus (PLN2023-125) to allow construction of a residential planned development including 25 townhomes with 12 junior accessory dwelling units (JADUs) and one 10-unit apartment building with use of a 35% density bonus (10 additional units) and waivers from the zoning code and East Campbell Avenue Master Plan on property located at 57-101 Gilman Avenue and 60 Dillon Avenue , subject to the attached Conditions of Approval (attached Exhibit A).
SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Metro Silicon Valley, a newspaper of general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 21st day of May, 2024, by the following roll call vote:
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Attachment: CC Ordinance (Second Reading of Ordinance 2308) City Council Ordinance 2308 – Planned Development Permit, Density Bonus
57 – 101 Gilman Avenue & 60 Dillon Avenue
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
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Attachment: CC Ordinance (Second Reading of Ordinance 2308)
EXHIBIT A
CONDITIONS OF APPROVAL
Planned Development Permit & Density Bonus Request
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, ordinances, 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 Planned Development Permit with a Density Bonus to allow the construction of a residential planned development including 25 townhomes with 12 junior accessory dwelling units (JADUs) and one 10 -unit apartment building, a new privat e street, and associated site, parking, and landscaping improvements, on property located at 57 – 101 Gilman Avenue and 60 Dillon Avenue .
The Approved Project shall substantially conform to the Approved Project Plans included as Attachment C in the May 7, 2024 City Council Staff Report, except as may be modified by conditions of approval contained herein.
2. Permit Expiration: Approval of the Planned Development Permit ("Approval") shall be valid for two (2) years from the effective date of City Council action. Within this two- 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. Tract Map : Exercise of this Approval is contingent upon recordation of the Tract Map associated with the Tentative Subdivision Map for the Approved Project. The Tract Map shall be recorded prior to the issuance of building or grading permits. However, the Tract Map may not be recorded if the Planned Development Permit expires or is otherwise rendered void.
4. 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.
5. Minor Revisions : Architectural refinements and other minor revisions to the Approved Project Plans, may be administratively approved by the Community Development Director pursuant to CMC Sec. 21.56.060.
6. Accessory Dwelling Unit Restriction : The applicant shall record deed restrictions on the parcels containing junior accessory dwelling units consistent with CMC Section 21.23.070 prior to the issuance of building permits.
7. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and
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Attachment: CC Ordinance (Second Reading of Ordinance 2308) City Council Ordinance – Planned Development Permit, Density Bonus Page 2 57 – 101 Gilman Avenue & 60 Dillon Avenue
directed on site in compliance with City of Campbell Lighting Design Standards (CMC
21.18.090).
8. Utility Boxes and Back -Flow Preventers : The applicant shall submit a plan prior to installation of the underground 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. Any tran sformers shall be screened with landscaping and/or artistically painted.
9. Fences/Walls: Any newly proposed fencing and/or walls shall comply with CMC Section
21.18.060.
10. Tree Protection Plan : The tree protection measures identified by the "Tree Inventory, Assessment, and Protection Report, Gilman/Dillon Avenue, Campbell, CA 95008” are herein incorporated by reference and shall be implemented prior to issuance of building, grading, or demolition permits.
11. 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:
I. Project Information per Section 492.3.
II. 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.
III. 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).
IV. Landscape Design Plan per Section 492.6.
V. Irrigation Design Plan per Section 492.7.
VI. Grading Design Plan per Section 492.8.
i. Note that a Soil Management Report (if not submitted as part of the Landscape Documentation Package) and Certificate of Completion
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Attachment: CC Ordinance (Second Reading of Ordinance 2308) City Council Ordinance – Planned Development Permit, Density Bonus Page 3 57 – 101 Gilman Avenue & 60 Dillon Avenue
ii. will be required prior to permit final.
b. A completed Landscape Information Form.
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.”
12. 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:
I. 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.
II. 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.
III. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition.
IV. Unnecessary idling of internal combustion engines shall be strictly prohibited.
V. 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:
I. All construction equipment shall be properly maintained in good working order.
II. 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.
III. The construction contractor shall provide, at least three weeks prior to the
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Attachment: CC Ordinance (Second Reading of Ordinance 2308) City Council Ordinance – Planned Development Permit, Density Bonus Page 4 57 – 101 Gilman Avenue & 60 Dillon Avenue
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.
IV. Locate temporary generators and air compressors (if utilized) as far away from sensitive noise receptors as necessary to reduce noise. c. 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. d. 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
13. Mitigation Measures:
a. AQ-1: BAAQMD Basic Control Measures:
I. Water all active construction areas at least twice daily.
II. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.
III. Sweep all paved access roads, parking areas and staging areas at construction sites as required to prevent soil material from being carried onto adjacent streets.
IV. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
V. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).
VI. Clear signage shall be provided for construction workers at all access points.
VII. All construction equipment shall be maintained and properly tuned in accordance with the manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
VIII. 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.
IX. All construction equipment larger than 25 horsepower used at the site for
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Attachment: CC Ordinance (Second Reading of Ordinance 2308) City Council Ordinance – Planned Development Permit, Density Bonus Page 5 57 – 101 Gilman Avenue & 60 Dillon Avenue
more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 emission standards for particulate matter (PM10 and PM2.5), if feasible, otherwise, use equipment that meets U.S. EPA emission standards for Tier 2 or 3 engines and include particulate matter emissions control equivalent to CARB Level 3 verifiable diesel emission control devices that altogether achieve a 30 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment.
X. Alternatively, the applicant may develop another construction operations plan demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by 30 percent or greater.
XI. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency 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. b. CULT-1: Pursuant to the California Health and Safety Code Section 7050.5, and the CEQA Guidelines Section 15064.5, in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further exca vation or disturbance of the site, or any nearby area reasonably suspected to overlay adjacent remains, until the County Coroner has examined the remains. If the coroner determines the remains to be Native American or has reason to believe that they are Na tive American, the coroner shall contact by telephone within 24-hours of the Native American Heritage Commission to determine the Most Likely Descendent (MLD).
c. GEO-1: The Geotechnical Study completed on June 28, 2023, by Geo -Logic Associates includes the following Geotechnical Recommendations which are recommended mitigation measures:
I. 5.1 – Earthwork
II. 5.2 – Foundations
III. 5.3 – Concreate Slabs on Grade
IV. 5.4 - Retaining Walls
V. 5.5 – Vehicle Pavements
VI. 5.6 - Surface and Subsurface Drainage
d. GHG-1: Implement the following construction best practices:
I. Use zero-emission and hybrid -powered equipment if reasonably available, particularly if emissions are occurring near sensitive receptors or located within a BAAQMD-designated Community Air Risk Evaluation (CARE) area
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or Assembly Bill 617 community.
II. Require all diesel -fueled off-road construction equipment be equipped with EPA Tier 4 Final compliant engines or better as a condition of contract.
III. Minimize idling time either by shutting equipment off when not in use or reducing the time of idling to no more than 2 minutes (A 5 -minute limit is required by the state airborne toxics control measure [Title 13, Sections 2449(d)(3) and 2485 of the Califor nia Code of Regulations]). Provide clear signage that posts this requirement for workers at the entrances to the site and develop an enforceable mechanism to monitor idling time to ensure compliance with this measure.
IV. Prohibit off-road diesel-powered equipment from being in the “on” position for more than 10 hours per day.
V. Require all construction equipment is maintained and properly tuned in accordance with manufacturer’s specifications. Equipment should be checked by a certified mechanic and determined to be running in proper condition prior to operation.
VI. Where grid power is available, prohibit portable diesel engines and provide electrical hook ups for electric construction tools, such as saws, drills and compressors, and using electric tools whenever feasible.
VII. Where grid power is not available, use alternative fuels, such as propane or solar electrical power, for generators at construction sites.
VIII. Reduce electricity use in the construction office by using LED bulbs, powering off computers every day, and replacing heating and cooling units with more efficient ones.
IX. Recycle or salvage nonhazardous construction and demolition debris, with a goal of recycling at least 15% more by weight than the diversion requirement in Title 24.
X. Use locally sourced or recycled materials for construction materials (goal of at least 20% based on costs for building materials and based on volume for roadway, parking lot, sidewalk and curb materials).
XI. Use low -carbon concrete, minimize the amount of concrete used and produce concrete on -site if it is more efficient and lower emitting than transporting ready-mix.
XII. Develop a plan to efficiently use water for adequate dust control since substantial amounts of energy can be consumed during the pumping of water.
XIII. Include all requirements in applicable bid documents, purchase orders, and
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contracts, with successful contractors demonstrating the ability to supply the compliant on- or off-road construction equipment for use prior to any ground- disturbing and construction activities.
e. NOISE-1: Minimum STC 28 exterior windows and doors will be needed throughout the site.
f. NOISE-2: The ventilation system will need to be designed such that it does not compromise sound insulation of the building shell.
g. HAZARD-1: Prior to issuance of a grading permit, applicant shall submit a proposal for no further action (NFA) and obtain a NFA determination from the San Francisco Bay Regional Water Quality Control Board.
Building Department
14. Permit Required: Building permit applications shall be required for each new dwelling and include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
15. Conditions of Approval : The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permits.
16. 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 during hours when no work is being done.
County Fire District
17. Fire Apparatus Turnaround Required: Provide an approved fire department engine driveway turnaround with a minimum radius of 60 feet outside. Maximum grade in any direction shall be a maximum of 5%. Installations shall conform with 2022 CA Fire Code Appendix D as amended by SCCFD. CFC Sec. 503. Driving surface shall be capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds (34050 kg). Show a turnaround that accommodates aerial apparatus with minimum outside turning radius of 60 feet. Aerial access is only required for the apartment building on Dillon Avenue. To be addressed at building permit submittal.
o Identify on the plans how the turnaround will be delineated and unobstructed. o Revise plan to show red curb and sign locations.
18. Fire Lanes Required: The minimum clear width of fire department access roads shall be 26 feet since aerial access is required. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code.
The entire 26-foot fire apparatus access roads shall be marked as fire lanes. Signs or other approved notices shall be posted. Aerial access is only required for the apartment building on Dillon Avenue. To be at addressed building permit submittal. a. Revise plans to show where red curbs will be provided and marked.
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b. Revise plans to show where fire lane signs will be provided and installed.
19. 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. To be confirmed at building permit review. a. Revise plans to note on sheet A1-1 that sprinklers will be installed as a deferred submittal.
20. Fire Alarm Requirements: Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72 for fire alarm requirements. To be confirmed at building permit review. a. Revise plans to note on Sheet A1-1 that fire alarm will be installed as a deferred submittal.
21. Two-way Communication System Required: Two-way communication systems shall be designed and installed in accordance with NFPA 72 (2016 edition), the California Electrical Code (2013 edition), the California Fire Code (2016 edition), the California Building Code (2022 edition), and the city ordinances where two-way system is being installed, policies, and standards. To be confirmed at building permit review. a. Revise plans to note on sheet A1-1 that two-way communication system will be installed as a deferred submittal.
22. Required Fire Flow: The fire flow for this project is 3,000 GPM at 20 psi residual pressure.
Since an automatic fire sprinkler system will be installed, the fire flow will be reduced by 25%, establishing a required adjusted fire flow of 2,250 GPM at 20 psi residual pressure.
Note: The minimum required number and spacing of the hydrants shall be in accordance with CFC Table C102.1. To be confirmed at building permit review. a. Provide a fire flow letter confirming the required fire flow of 2,250 GPM @20 psi. b. Revise plans to state construction type. Construction type was stated in response letter but shall be noted on plans.
23. Fire Hydrant Required: Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains shall be provided where required by the fire code official. [CFC, Section 507.5.1]. To be confirmed at building permit review. a. Hydrants shown on sheet C13.
b. New hydrant authorization plans shall be approved by SCCFD and San Jose Water.
24. Fire Apparatus Access Roadway Required: Provide an access roadway. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503.
To be confirmed at building permit review.
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a. 20 foot roadway to be unobstructed and maintained.
b. Turning radii shown on sheet C13
25. 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 the 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]. To be confirmed at building permit review. a. FDC shown on sheet C13.
26. Ground ladder Required: Ground-ladder rescue from second and third floor rooms shall be made possible for fire department operations. Climbing angle of seventy five degrees shall be demonstrated on the plans and maintained. Landscaping shall not be allowed to interfere with the required access (CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2).
To be confirmed at building permit review.
27. 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. [CFC, Section 503.1.1]. To be confirmed at building permit review.
28. Aerial access will be required: Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 2. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. 3.Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official [CFC Chp. 5 and SCCFD SD&S A -1]. Building 3A exceeds 30 feet. To be confirmed at building permit review.
a. Sheet A-28 shows building/street section views demonstrating how the aerial ladder access will be achieved without obstruction.
29. Trash enclosure: Trash enclosure will need to comply with 2022 CFC section 304. If trash size exceeds 1.5 cubic yards then either a sprinkler system is required or the enclosure will need to be type IA or IIA construction. To be confirmed at building permit review.
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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 6 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 id entify the structure. Address numbers shall be maintained. CFC Sec. 505.1. To be confirmed at building permit review.
31. Water Supply Requirements: Potable 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 supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water -based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable 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. To be confirmed at building permit review.
32. 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. To be confirmed at building permit review.
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Attachment: CC Ordinance (Second Reading of Ordinance 2308) City
Council
Report
TITLE: Second Reading of Ordinance 2309 Assembly Bill 481, Military Equipment Annual Report (Ordinance/Roll Call Vote)
RECOMMENDED ACTION
That the City Council take a second reading and adopt Ordinance 2309 renewing the Military Equipment Policy set forth in Chapter 8.44 of the Campbell Municipal Code.
BACKGROUND
On September 30, 2021, Governor Newsom signed into law Assembly Bill 481 (AB 481). AB 4 81 provides that the public has a right to know and participate in the decision-making processes related to the funding, acquisition, or use of “military equipment” by state or local government officials in an effort to increase transparency, accountability, and oversight. Pursuant to the requirements of AB 4 81, the City Council has since adopted and annually reviews an ordinance containing its Military Equipment Use Policy and votes on whether to renew the ordinance.
DISCUSSION
At its regular meeting of May 7, 2024, the City Council held a public hearing to introduce and take a first reading of Ordinance 2309, the ordinance renewing the City’s Military Equipment Use Policy set forth in Chapter 8.44 of the Campbell Municipal Code. As set forth in its Military Equipment Use Policy , the Campbell Police Department continues to carefully assess what equipment is needed to protect the public and officers when resolving critical incidents, such as active shooter response ; apprehending violent offenders; hostage rescue; and barricaded subjects, among others. Certain equipment is also beneficial in providing information and creating cover, distance, and time to improve the decision -making process during critical incidents. This allows responding officers to take in and evaluate the totality of the circumstances, which results in increased safety and reduced risk for everyone involved.
The City Council unanimously approved Ordinance 2309 and staff is returning to the City Council for the second reading of the ordinance . In addition, in accordance with Government Code Section 36933, if approved, the full ordinance will be published in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara, on May 29, 2024. Ordinance 2309 will then become effective 30 days following the City Council’s second reading.
Item: 8
Category: CONSENT CALENDAR
Meeting Date: May 21, 2024
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Second Reading of Ordinance 2309 Page 2 of 2
FISCAL IMPACT
Nominal publication costs are associated with the second reading of Ordinance 2309 to meet the requirements of Government Code Section 36933, but can be absorbed within the current FY 2024 Operating Budget. Costs for codification of Ordinance 2309 in the Campbell Municipal Code are also included in the current budget. Other fiscal impacts are included in the May 7, 2024, staff report introducing the ordinance.
Prepared by:
Kristen Epolite, Deputy City Clerk
Approved by:
Brian Loventhal, City Manager
Attachment:
a. 2309 - Military Equipment Renewal
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Reviewed by:
Andrea Sanders, City Clerk
ORDINANCE NO. 2309
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL RENEWING THE MILITARY EQUIPMENT POLICY SET FORTH CHAPTER 8.44 OF THE CAMPBELL MUNICIPAL CODE AS ADOPTED BY CAMPBELL ORDINANCE 2280 WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, the Campbell Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481; WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment;
WHEREAS, the Policy and supporting information must be approved by the governing body by ordinance, and reviewed and renewed annually; and WHEREAS, the City Council of the City of Campbell, having received the information required under AB 481 regarding the Campbell Police Department’s use of military equipment as defined in AB 481, deems it to be in the best interest of the City to renew the Military Equipment Policy as set forth herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES FURTHER ORDAIN AS FOLLOWS:
Section 1: The policy set forth in Chapter 8.44 of the Campbell Municipal C ode as previously adopted by Ordinance Number 2280 is hereby renewed without any modifications or changes.
Section 2: The City Council finds that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) in that it is not a project which has the potential for causing a significant effect on the environment.
SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would
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Attachment: 2309 - Military Equipment Renewal (Second Reading of Ordinance 2309)
have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
Section 4: In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purpose.
SECTION 5: The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation within 15 days after its adoption in accordance with Government Code Section 36933.
PASSED AND ADOPTED this 21st day of May, 2024 by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
__________________________
Susan M. Landry, Mayor
ATTEST:
________________________________
Andrea Sanders, City Clerk
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Attachment: 2309 - Military Equipment Renewal (Second Reading of Ordinance 2309) City
Council
Report
TITLE: Resolution Authorizing the Use of Fiscal Year 2024/25 Road Maintenance and Rehabilitation Account (RMRA) Funds for Annual Street Maintenance (FY2023 Thru FY2026) for Resurfacing of Hamilton Avenue, Project 23-BB (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution authorizing the use of Fiscal Year 2024/25 Road Maintenance and Rehabilitation Account (RMRA) Funds for the Annual Street Maintenance (FY2023 through FY2026) for the resurfacing of Hamilton Avenue, Project 23-BB.
BACKGROUND
Since April 2017, the Road Repair and Accountability Act (SB1) has been a significant funding source for addressing deferred maintenance on the state highway system and the local street and road systems. The Act established the Road Maintenance and Rehabilitation Account (RMRA) in the State Transportation Fund and required the collection of funds through the fuel excise taxes, diesel fuel sales taxes and vehicle registration fees. SB1 requires the California Transportation Commission (CTC) to adopt criteria to ensure the efficient use of these funds as detailed below. In 2018, the passage of Proposition 69 guarantees that revenue from the RMRA funds will only be used for transportation improvement purposes.
Pursuant to Streets and Highways Code (SHC) Section 2032(h), a percentage of the RMRA funding will be apportioned by formula to eligible cities and counties to be used for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. Combined, these legislative actions guarantee a portion of the funding for the City’s Annual Street Maintenance Program.
Furthermore, per the Streets and Highways Code (SHC) Section 2032.5(a), recipients of RMRA funds are accountable for the efficient investment of public funds to maintain local streets and roads through performance goals which are tracked and reported.
Therefore, cities and counties receiving RMRA funds must comply with all relevant federal and state laws, regulations, policies, and procedures. Specific requirements of note for the City are as follows:
Item: 9
Category: CONSENT CALENDAR
Meeting Date: May 21, 2024
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RMRA Annual Report Page 2 of 3
• Prior to receiving an apportionment of RMRA funds from the State Controller in a fiscal year, the City must submit to the California Transportation Commission (CTC) a list of projects proposed to be funded with these funds. The list of projects must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement. The next deadline for submitting this list to CTC is July 1, 2024. • All projects proposed to receive funding must be included in the City budget that is adopted by City Council at a regular public meeting. • The City is required to sustain a maintenance of effort (MOE) by spending at least the annual average of its general fund expenditures during baseline years (FY2009 through FY2012) for street, road, and highway purposes from the city’s general fund.
One goal of the City’s General Plan 2040 is to provide well -maintained and safe streets.
RMRA funds have advanced the City’s effort to meet this goal by providing additional support for preventative maintenance measures of essential road services and development of rehabilitation projects to prevent pavement issues from becoming larger (and more costly) repairs.
On May 16, 2023, the City Council adopted Resolution No. 12983 authorizing the use of FY 2023/24 RMRA funds for Annual Street Maintenance FY23 thru FY26 to resurface the pavement on Hamilton Avenue in its entirety from the western city limits west of Phoenix Drive to the eastern city limits at Hurst Avenue (approximately 2.8 centerline miles).
DISCUSSION
The City of Campbell’s five-year Capital Improvement Program budget for Annual Street Maintenance is funded by revenues from RMRA, Santa Clara County Valley Transportation Authority (VTA) vehicle registration fees, and 2016 VTA Measure B, vehicle impact fees, and Capital Improvement Program Reserve (CIPR).
Proposed FY2024/25 Project for RMRA (SB1) Funds
According to the State Department of Finance statewide revenue projections released in January 2024, the City of Campbell is expected to receive $1.1M in FY 2024/25 from RMRA. Staff recommends allocating the FY2024/25 RMRA funds towards the multi - year project to resurface Hamilton Avenue, Annual Street Maintenance (FY23 thru FY26) Hamilton Avenue Resurfacing, Project No. 23 -BB. With this current RMRA allocation, the total project budget as of FY25 is $9.1M.
The Hamilton Avenue Resurfacing project will resurface approximately 2.8 miles of pavement from western to eastern city limits and will also include curb and gutter repair as necessary due to the new road surface. Additionally, in compliance with American 9 Packet Pg. 52
RMRA Annual Report Page 3 of 3
with Disabilities Act (ADA), the project will construct ADA compliant curb ramps, some of which will require modifications to adjacent traffic signal equipment. The project will also incorporate bicycle facilities such as green bicycle lanes with buffer areas as roadway width allows.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ALTERNATIVES
Do not authorize the use of FY2024/25 RMRA (SB1) Funds to resurface Hamilton Avenue and provide direction to staff on alternate use of the funds.
Prepared by:
Amy Olay, City Engineer
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
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RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE USE OF FISCAL YEAR 2024/25 ROAD MAINTENANCE AND
REHABILITATION ACCOUNT (RMRA) FUNDS FOR ANNUAL STREET
MAINTENANCE - HAMILTON AVENUE RESURFACING PROJECT NO. 23-BB (PROJECT)
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 28, 2017 to address the significant multi -modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Campbell (City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of project(s) proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $1.1M RMRA funding in Fiscal Year 2024/25 from SB 1; and
WHEREAS, receiving the RMRA funds will support the City’s effort to provide continued preventative essential road maintenance and rehabilitation projects before pavement condition becomes worse and cost more to fix; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities; and
WHEREAS, the City used StreetSaver, a pavement management software to develop the SB 1 project list to ensure revenues are being used on the most high -priority and cost- effective projects that also meet the communities’ priorities for transportation investment; and
WHEREAS, the RMRA funding and overall investment in our local streets and roads infrastructure with a focus on basic preventive maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive impacts to the community; and
WHEREAS, the 2022 California Statewide Local Streets and Roads Needs Assessment found that the City of Campbell streets and roads are in “At Lower Risk” condition, and this revenue will help Campbell increase the overall quality of its road system and over the next decade will keep our streets and roads in “good” condition; and
WHEREAS, the City Council adopted Resolution No. 12983 authorizing the use of Fiscal Year 2023/24 RMRA funds for Annual Street Maintenance (FY23 thru FY26) Hamilton Avenue Resurfacing, Project No. 23-BB; and
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Attachment: Resolution (RMRA Annual Report)
WHEREAS, the Project will resurface Hamilton Avenue from western to eastern city limits and will also include curb and gutter repair as necessary due to the new road surface; and
WHEREAS, to be compliant with American with Disabilities Act (ADA), the project will construct ADA compliant curb ramps, some of which will require modifications to adjacent traffic signal equipment; and
WHEREAS, the project will also incorporate bicycle facilities such as green bicycle lanes with buffer areas as roadway width allows.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby authorizes the use of FY2024/25 Road Maintenance and Rehabilitation Account funds for the Hamilton Avenue Resurfacing Project 23-BB.
1. The foregoing recitals are true and correct.
2. The following previously proposed and adopted project may also utilize FY2024/25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of this project in the adopted fiscal year resolution, the City of Campbell is reaffirming to the public and the State the City’s intent to fund these projects with RMRA revenues:
Project Title: Annual Street Maintenance – Hamilton Avenue Resurfacing Project No. 23-BB
Project Description: The project will resurface approximately 2.8 miles of Hamilton Avenue.
Project Location: The project is located on Hamilton Avenue from 640’ W/O Phoenix Dr (at western city limit) to Hurst Ave (eastern at city limit).
Estimated Project Schedule: Start (July 2025) – Completion (March 2026) Estimated Estimated Project Useful Life: 10-15 years
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:
___________________________
Andrea Sanders, City Clerk
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Attachment: Resolution (RMRA Annual Report)
City
Council
Report
TITLE: Accept Improvements for the Camden Avenue Resurfacing Project 21-SS and File Notice of Completion (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution accepting the improvements for the Camden Avenue Resurfacing Project No. 21 -SS; directing the City Engineer to file the Notice of Completion; and authorizing the Finance Director to perform a budget adjustment returning the remaining project balance to fund balance (Vehicle Impact Fee) for future projects.
BACKGROUND
On April 18, 2023, the City Council adopted Resolution #12970 approving the plans and specifications and authorizing the advertisement of bids for the Camden Avenue Resurfacing Project 21 -SS. The project is to resurface the pavement on Camden Avenue connected to Winchester Boulevard.
On May 24, 2023, the City received and opened three bid proposals. The three bids were from Radius Earthwork, Inc. of Campbell, Interstate Paving & Grading, Inc. of South San Francisco, and Redgwick Construction Company of Oakland with base bid amounts of $1,198,909.67, $1,350,380.40, and $1,420,909, respectively.
On July 18, 2023, the City Council adopted Resolution #13013 awarding the construction contract to the lowest responsible bidder, Radius Earthwork, Inc.
Consequently, the Notice of Award was issued, and the construction contract was fully executed on July 25 and August 31 of 2023, respectively.
DISCUSSION
In November of 2023, the Camden Avenue Resurfacing project was completed in accordance with the approved plans and specifications.
The project resurfaced 0.35 miles of roadway along Camden Avenue. In addition to resurfacing the street, the project constructed four (4) new ADA compliant driveways at 750, 778, 882 and 920 Camden Avenue and retrofitted the driveway at Timber Cove Drive. Approximately 3,030 square feet of sidewalk and 510 linear feet of curb and gutter were installed along the east side of the street. New traffic signage and striping Item: 10
Category: CONSENT CALENDAR
Meeting Date: May 21, 2024
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Accept the Camden Avenue Resurfacing Project 21-SS Page 2 of 4 were installed to match existing striping. Eleven (11) new trees were planted along Winchester Boulevard as tree mitigation resulting from the removal of the palm trees near 750 Camden Avenue.
As the City constructed improvements (missing concrete sidewalk, curb and gutter, and driveways) along the frontages of two properties, such improvements are subject to the City Municipal Code Section 11.24.080 which requires the execution and recordation of a Notice of Improvement Obligation (NIO). The property owners of 882 and 920 Camden Avenue are notified of the final cost obligations associated with the improvements and that the NIOs will be recorded with the County of Santa Clara, Office of County Clerk-Recorder. The property owner will be required to reimburse the City for the amount noted in the NIO when the property seeks a permit for development, subdivision, or improvement of the property where conditions of approval include street improvements.
FISCAL IMPACT
The Project was completed under budget as outlined below:
SOURCE OF FUNDS
Camden Avenue Resurfacing, Project 21-SS Budget Actual
Vehicle Impact Fee $1,458,300 $1,458,300
FY 23 Misc. Storm Drain Improvements $50,000 $50,000
Utility Reimbursement $23,700 $11,500
TOTAL $1,532,000 $1,519,800
USE OF FUNDS
Budget Actual
Design $103,590 $103,590
Construction Engineering $88,060 $191,170
Construction Contract and Contingency $1,340,350 $1,097,970 TOTAL $1,532,000 $1,392,730
Total Project Savings: $127,070
The actual source of funds is lower than the budget amount. This is due to a decreased amount of utility adjustment work performed on behalf of West Valley Sanitation District (WVSD) which is commensurate to the amount WVSD will reimburse the City. The amount is calculated based on the contract price for additive alternate item plus a 15% administrative cost. In total, the source of funds decreased by $12,200.
The actual use of funds for construction engineering increased by $103,110. During construction, additional effort was needed from staff to value engineer the contractor’s proposed construction activities to minimize impact to adjacent residents and businesses. Some of the resulting measures included adjusting paving sequence and 10 Packet Pg. 57
Accept the Camden Avenue Resurfacing Project 21-SS Page 3 of 4 allowing work on Saturdays. Besides the public notifications by the contractor, staff also performed more frequent outreach efforts to residents and businesses. Furthermore, an unexpected amount of time and effort was needed to monitor, enforce, and resolve outstanding labor compliance and wage rate violations.
Although both the actual source and use of funds changed, there are overall project savings. The savings are due to 1) unspent consultant services for material testing; 2) slightly lower total construction bid price compared to the final engineer’s cost estimate; and 3) unspent construction contingency. The remaining total project balance is $127,070.
Staff is recommending the City Council to accept the improvements for the Camden Avenue Resurfacing Project 21 -SS; direct the City Engineer to file the Notice of Completion; and authorize the Finance Director to perform the necessary budget adjustment to reflect the actual revenues and expenditures and return the remaining project balance to fund balance (Vehicle Impact Fee) to fund future projects.
ALTERNATIVES
Do not accept improvements and budget adjustments and direct staff accordingly.
Prepared by:
Amy Olay, City Engineer
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
Brian Loventhal, City Manager
Attachment:
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Accept the Camden Avenue Resurfacing Project 21-SS Page 4 of 4 a. Resolution
b. 21SS - Notice of Completion
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RESOLUTION NO. ________
ACCEPT THE IMPROVEMENTS FOR THE CAMDEN AVENUE RESURFACING PROJECT 21-SS; DIRECT THE CITY ENGINEER TO FILE THE NOTICE OF COMPLETION; AND AUTHORIZE THE FINANCE DIRECTOR TO PERFORM A
BUDGET ADJUSTMENT
WHEREAS, the City Council adopted Resolution No. 12970 approving the plans and specifications, and authorizing the advertisement of bids for the Camden Avenue Resurfacing Project 21-SS; and
WHEREAS, on May 24, 2023, the City received and opened three bid proposals from Radius Earthwork, Inc. of Campbell, Interstate Grading and Paving, Inc. of South San Francisco, and Redgwick Construction Company of Oakland with the base bids in the amounts of $1,198,909.67, $1,350,380.40, and $1,420,909, respectively; and
WHEREAS, on July 18, 2023, the City Council adopted Resolution No. 13013 awarding the construction contract to Radius Earthwork, Inc.; and
WHEREAS, the City awarded the project to Radius Earthwork, Inc. with construction contract fully executed on August 31, 2023; and
WHEREAS, in November of 2023, the Camden Avenue Resurfacing project was completed in accordance with the plans and specifications; and
WHEREAS, the project resurfaced 0.35 miles of roadway along Camden Avenue, constructed four (4) new ADA compliant driveways, installed approximately 3,030 square feet of sidewalk and 510 linear feet of curb and gutter, and planted eleven (11) new trees along Winchester Boulevard as mitigation of tree removals near 750 Camden Avenue; and
WHEREAS, the property owners of 882 and 920 Camden Avenue are notified of the final cost obligations associated with the improvements and that the NIOs will be recorded with the County of Santa Clara, Office of County Clerk-Recorder; and
WHEREAS, the total available project balance is $127,070.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby accept the improvements for the Camden Avenue Resurfacing Project 21 -SS; directs the City Engineer to file the Notice of Completion; and authorize the Finance Director to perform a budget adjustment returning the remaining project balance to fund balance (Vehicle Impact Fee) to fund future projects.
PASSED AND ADOPTED this ___ day of ________ 2024, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
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Attachment: Resolution (Accept the Camden Avenue Resurfacing Project 21-SS) ________________________________
Susan M. Landry, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk
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Attachment: Resolution (Accept the Camden Avenue Resurfacing Project 21-SS) Revised 1/23/17
Recording Requested by
and when recorded, mail to:
City of Campbell
City Clerk’s Office
70 North First Street, City Hall – Upper Level
Campbell, CA 95008
(408) 866-2150
CITY OF CAMPBELL
NOTICE OF COMPLETION AND ACCEPTANCE
OF PUBLIC WORKS CONTRACT
(C.C.C. 3093)
This document is for the benefit of the City of Campbell. Request for the Recordation without fee is made in accordance with Section 6103 of the Government Code of the State of California.
Contractor’s Name: Radius Earthwork, Inc. Contract Date: 8/31/2023 Surety: The Ohio Casualty Insurance Company
Final Contract
Amount: $1,097,972.06
Job Title: Camden Avenue Resurfacing Project, Project No. 21-SS Location: Camden Avenue from Winchester Boulevard to the end (cul-de-sac) and east-west segment of Camden Avenue to Dell Ave.
Scope of Work: The project resurfaced 0.35 miles of roadway along Camden Avenue from Winchester Boulevard to the end (cul-de-sac) and the east-west segment to Dell Avenue. In addition, the project constructed four (4) new ADA compliant driveways at 750, 778, 882 and 920 Camden Avenue and retrofitted the driveway at Timber Cove Drive.
Approximately 3,030 square feet of sidewalk and 510 linear feet of curb and gutter were installed along the east side of the street. New traffic signage and striping were installed to match existing striping. Eleven (11) new trees were planted along Winchester Boulevard as tree mitigation resulting from the removal of the palm trees near 750 Camden Avenue.
Owner: City of Campbell, City Hall, 70 North Street, Upper Level, Campbell, CA 95008
This work was accepted by me on 5/21/2024, on behalf of the City of Campbell. I certify under penalty of perjury that the foregoing is true and correct. (C.C.P. 2015.5)
Executed on __________________,
at Campbell, California
Amy Olay, City Engineer
Department of Public Works
City of Campbell
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Attachment: 21SS - Notice of Completion (Accept the Camden Avenue Resurfacing Project 21-SS) City
Council
Report
TITLE: Letter of Support for Cleveland Commons Affordable Housing Project (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council approve and authorize the Mayor to sign and submit to the Santa Clara Methodist Retirement Foundation a letter of support for the proposed Cleveland Commons Affordable Housing Project to support their applications for funding.
BACKGROUND
In January 20 22, the Santa Clara Methodist Retirement Foundation (SCMRF) acquired a 1.2-acre property located at 60 West Hamilton Avenue. The property is adjacent to Wesley Manor, SCMRF’s existing affordable housing. On March 25, 2024, SCMRF in partnership with Charities Housing submitted a ministerial planning application using the SB 35 process to the City for a 100% affordable multifamily senior housing project located on the property . The proposed project will provide 102 units of affordable housing for low-income seniors in the City.
DISCUSSION
SCMRF and Charities Housing are in the process of submitting affordable housing funding applications to a variety of entities, including state and federal agencies, to financially support the development of Cleveland Commons. They have secured some funding for the project , including 20 Veterans Affairs Supportive Housing (VASH) vouchers, but are working on closing the funding gap to be able to develop the project .
SCMRF and Charities have requested a letter of support from the City that they can include in their funding applications.
It is important that the project demonstrates local support for the funding applications to be more competitive. In the coming months, they will be submitting several funding applications, including to the Department of Housing and Urban Development (HUD) Section 202 Supportive Housing for the Elderly program and to the Community Project Funding program, a congressional earmarking program through Representative Zoe Lofgren. If approved, t he City’s letter of support will be included with the funding applications.
Item: 11
Category: CONSENT CALENDAR
Meeting Date: May 21, 2024
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Letter of Support for Cleveland Commons Project Page 2 of 2 Development of the proposed 100% affordable Cleveland Commons project will support the City’s objectives of meeting its RHNA (Regional Housing Needs Allocation) requirements as identified in the City’s adopted Housing Element. Specifically, Policy H-1.6 in the Housing Element states: Emphasis on Affordable Housing: Support the development of additional affordable housing by nonprofit and for -profit developers through financial assistance and/or regulatory incentives.
FISCAL IMPACT
There is no direct fiscal impact to the City. The letter of support may assist SCMRF and Charities Housing in securing additional funding to complete the Cleveland Commons Project.
Prepared by:
Eloiza Murillo-Garcia, Housing Program
Manager
Reviewed by:
Rob Eastwood, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Letter of Support
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May 21, 2024
Ms. Priscilla Haynes, Executive Director
Santa Clara Methodist Retirement Foundation, Inc.
890 Main Street
Santa Clara, CA 95050
Re: Letter of Support for Cleveland Commons Project 60 W. Hamilton Ave., Campbell, CA Dear Ms. Haynes:
On Behlaf of the City of Campbell, I write to support of the Cleveland Commons Project which Santa Clara Methodist Retirement Foundation (SCMRF) is developing in partnership with Charities Housing to create 102 affordable housing units for very low-income seniors and veterans earning 30-50% of Area Median Income. This very important effort has the unique potential to house these two vulnerable populations innovatively and sustainably.
SCMRF has been building and managing affordable housing communities for over 50 years. These communities allow low-income older adults to age in place among their peers in an environment that recognizes the unique challenges of this population. SCMRF along with its nonprofit development partner Charities Housing Development Corporation are very well prepared to develop and manage the Cleveland Commons project.
This development would be the first new 100% affordable housing development in the City of Campbell in over 40 years. The Cleveland Commons project would support the City’s efforts in increasing its supply of new affordable housing as outlined in the City’s 2023-2031 Housing Element.
The City of Campbell supports SCMRF and Charities Housing in its shared mission to provide quality affordable housing and its current efforts to develop the Cleveland Commons project to expand the availability of affordable senior and veteran housing in the City of Campbell. Please do not hesitate to contact Eloiza Murillo-Garcia, Housing Manager at 408.866.2716 or [email protected] if you have any questions.
Sincerely,
Susan M. Landry
Mayor
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Attachment: Letter of Support (Letter of Support for Cleveland Commons Project) City
Council
Report
TITLE: Authorization to Approve and Execute Agreements for Countywide AB939 Implementation Fee and Countywide Household Hazardous Waste (HHW) Collection Program (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution approving Agency Agreements for the Countywide AB939 Implementation Fee and the Countywide Household Hazardous Waste (HHW) Collection Program and authorizing the City Manager to execute said agreements and future extensions and amendments.
BACKGROUND
The City of Campbell, along with the other cities in the County, have an agreement with the County of Santa Clara (Attachment B) to collect landfill tonnage disposal fees to pay for the costs of preparing, adopting, and implementing integrated waste management plans and programs, including HHW elements. The fee is $4.10 per ton of material disposed at any landfill in the County and is collected by the County from the landfills on behalf of the jurisdictions. The agreement specifies that the $4.10 per ton fee is divided into two parts: $1.50 per ton assists in funding an integrated Waste Management Plan, and $2.60 per ton provides funding to implement the Countywide HHW Program. The current agreement was signed in 2021 and is set to expire on June 30, 2024.
The City also has Agreements for Countywide Household Hazardous Waste Collection Program (Attachment C) between the County and each city individually, which spells out the desire to use the collected $2.60 per ton fee to fund the Countywide HHW Program.
This arrangement provides operational efficiency to jurisdictions as they do not each have to run their own HHW collection programs. The County HHW Program includes two permanent drop -off facilities for HHW as well as temporary events at various locations in the County periodically throughout the year.
Campbell residents use this drop -off service for responsible disposal of unwanted HHW materials. Campbell’s portion of the fee is based on tons of material being disposed of that originated in Campbell, including both regular accounts and construction and demolition debris. The County keeps track of the tonnage originating in Campbell and the fees collected on that tonnage and keeps records on the jurisdiction of residence of each person who drops materials off at a HHW Program event. The County also tracks and reports on all the associated expenses for the Program. If the cost to serve Item: 12
Category: CONSENT CALENDAR
Meeting Date: May 21, 2024
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Agreement Authorization for AB 939 and HHW Program Page 2 of 3 Campbell’s participating residents exceeds the funds collected via the per ton disposal fee, Campbell is invoiced for the difference. Each year the County provides each jurisdiction an estimate of the anticipated shortfall between collected fess and participation cost for the next fiscal year, which they call augmented funds.
To assure payment of the shortfall from each jurisdiction, each year the County creates an amendment to the agreement to identify the expected need for augmented funds.
After the end of each fiscal year the County tallies up actual attendance and issues an invoice (or refund) as appropriate.
While this amendment and augmentation process happens annually, in past years (due to lower costs and lower participation in the program) the amounts for the augmentations and overall agreement amounts did not reach the level to require Council approval.
The deadline to return the signed Amendment to the County is June 10, 2024
DISCUSSION
The current Agency Agreements for the Countywide AB939 Implementation Fee and Countywide Household Hazardous Waste Collection Program expire on June 30, 2024.
It is necessary to execute new Agency Agreements that will run for another t hree fiscal years (FY 2025, FY 2026, and FY 2027) and will expire on June 30, 2027. The Agreements, as prepared, provide for the continuation of the current HHW Collection Program.
The Agreement’s level of funding supports 4% of each city’s households to use HHW services in any given year. However, for FY 2025, it is projected that residents in many communities, including Campbell, will use HHW services at a somewhat higher level.
Because of the popularity of this program and current experience, Campbell residents are anticipated to increase by 10%.
In order for the HHW Program to accept the number of Campbell residents, it is recommended by the County and staff for Campbell’s Agreement to increase the FY 2025 services allocation to approximately $80,093.
FISCAL IMPACT
The AB939 Implementation Fee of $4.10 per ton will be collected by the County Integrated Waste Management Program (IWMP) through the landfill billing system. The IWMP will distribute $2.60 per ton to the HHW Collection Program and $1.50 to the City for AB939 implementation. Campbell’s estimated FY 2025 HHW Program augmentation amount to $80,093. The revenues and approved expenditures for AB939 Implementation Fees will be incorporated in the proposed FY 2025 Operating Budget.
ALTERNATIVES
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Agreement Authorization for AB 939 and HHW Program Page 3 of 3
1. Do not authorize execution of the Agency Agreements and extensions.
2. Develop alternative revenue sources to fund AB939 implementation and HHW services.
Prepared by:
Peri Newby, Environmental Program
Specialist
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
b. AB 939 Implementation Fee Agreement FY25-27
c. Countywide Household Hazardous Waste (HHW) Collection Program Agreement FY25- 27 12
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RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL TO APPROVE AGREEMENTS FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE
AND COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing an integrated waste management plan; and WHEREAS, the City of C ampbell, in agreement with the Recycling and Waste Reduction Commission of Santa Clara County, has determined that a Countywide AB 939 Implementation Fee of $4.10 per ton of waste disposed at landfills within the county should be collected with $1.50 per ton of the fee assisting in funding the costs implementing the integrated waste management plan in the cities and unincorporated areas of the county, and $2.60 per ton funding the Countywide Household Hazardous Waste Program through Fiscal Year 2027; and
WHEREAS, the City Council finds that execution of an Agency Agreement for the implementation of a Countywide AB 939 fee collection program is in the best interests of the residents and businesses of the City of Campbell; and WHEREAS, the County of Santa Clara implements and administers the Countywide Household Hazardous Waste Collection Program whereby residents and small generators of hazardous waste of the participating jurisdictions and unincorporated areas have an opportunity to safely dispose of household hazardous waste; and WHEREAS, the City Council finds that execution of an Agency Agreement to continue the provision of a safe and convenient means of disposing of household hazardous waste is in the best interest of the residents and businesses of Campbell.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby approve Agency Agreements for the Countywide AB 939 Implementation Fee and the Countywide Household Hazardous Waste Collection Program and authorizes the City Manager to execute said agreements and future extensions and amendments.
PASSED AND ADOPTED this 21st day of May, 2024 by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
________________________
Susan M. Landry, Mayor
ATTEST:
__________________________
Andrea Sanders, City Clerk
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Attachment: Resolution (Agreement Authorization for AB 939 and HHW Program)
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE
This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View, Palo Alto, San José, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the _________ day of ____________ 2024. The term CITIES may refer to CITIES collectively or individually.
RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan;
WHEREAS, State law, Public Resource Code Section 41750, requires that the countywide integrated waste management plans contain a household hazardous waste (“HHW”) element for each city within the county as well as for the unincorporated area of the county;
WHEREAS, the Board of Supervisors of the County of Santa Clara (“Board”) has imposed a Countywide AB939 Implementation Fee (“Fee”) since July 1, 1992 to pay for the costs of preparing, adopting, and implementing integrated waste management plans and programs, including HHW program elements;
WHEREAS, the Board has approved reimposing the Fee for Fiscal Years 2025, 2026, and 2027 (July 1, 2024 through June 30, 2027) at $4.10 per ton of waste landfilled or incinerated in the County; received at any nondisposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; and removed from any location in the County by any person or business for disposal or incineration outside the County;
WHEREAS, HHW programs provide household hazardous waste management services to residents of Santa Clara County and are necessary to meet HHW planning and management requirements under State law;
WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground or in any other manner which creates a health or environmental hazard. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and batteries; and
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Attachment: AB 939 Implementation Fee Agreement FY25-27 (Agreement Authorization for AB 939 and HHW Program) Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
W
HEREAS, the County will collect the Fee on behalf of the fifteen cities and for the unincorporated area of the County and will apportion the Fee according to the terms of this Agreement.
NO
W THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS:
1. P
URPOSE
The purpose of this Agreement is to state the terms and conditions under which the COUNTY will collect and distribute the Fee of $4.10 per ton of waste to be disposed in Fiscal Years 2025, 2026 and 2027. The Fee is divided into two parts: 1) a Program Fee of $1.50 per ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen cities and the unincorporated area of the County; and 2) a Household Hazardous Waste Fee of $2.60 per ton to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among the CITIES and COUNTY as described in Exhibit B, attached hereto and incorporated herein. The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program as described in Exhibit C, attached hereto and incorporated herein. The Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County.
Non-Disposal Facilities are defined as those facilities included in the County of Santa Clara Non- Disposal Facility Element (and subsequent amendments to that Element) and are listed in Exhibit A, attached hereto and incorporated herein.
2. S
ERVICES PROVIDED BY COUNTY
COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills and non-disposal facilities listed in Exhibit A, and any landfill or non-disposal facility subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and non-disposal facility operators with the County Recycling and Waste Reduction Division.
COUNTY shall require each landfill and non-disposal facility to submit required payment, documentation of tonnages disposed, and state-mandated Disposal Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and/or payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in significant amounts to determine the identity of the hauler. That hauler will subsequently be billed in the same fashion subject to the same penalties as mentioned above. Collected funds and any late filing payments and delinquency penalties shall be distributed to CITIES and Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non-disposal facility operators.
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Attachment: AB 939 Implementation Fee Agreement FY25-27 (Agreement Authorization for AB 939 and HHW Program) Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
/ /
3. ROLE OF CITIES
CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate documentation, errors in waste allocations among jurisdictions.
4. COLLECTION AND USE OF FEE
E
ach ton of waste will be subject to the fee if it is landfilled or incinerated in the County; received at any non-disposal facility or collection facility in the County and subsequently transported for disposal or incineration outside the County; collected from any location within the County by a solid waste hauler operating under franchise, contract, license, or permit issued by a local jurisdiction and subsequently transported for disposal or incineration outside the County; or removed from any location in the County by any person or business for disposal or incineration outside the County. Best efforts will be made to prevent tonnage from being assessed a double fee (for instance, once at a non-disposal facility and again at a landfill within Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in funding the CITIES’ costs of preparing, adopting, and implementing the integrated waste management plan of each of the CITIES and the unincorporated area of the COUNTY. The HHW Fee portion shall be applied to fund the costs of CITIES’ share of Countywide Household Hazardous Waste services; any HHW fees directly disbursed to CITIES as provided in this Agreement shall be used to fund the costs of preparing, adopting, and implementing the jurisdiction’s HHW element of the Countywide integrated waste management plan, including providing HHW services to residents.
5. I
NSURANCE
E ach party shall maintain its own insurance coverage, through third party insurance, self- insurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this Agreement. CITIES agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or other documentation acceptable to the COUNTY upon request.
6. I
NDEMNIFICATION
I
n lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that each of the parties hereto shall fully indemnify and hold each of the other parties harmless from any claim, expense or cost, damage or liability arising out of, or in connection with, performance of its responsibilities pursuant to this Agreement and as described in Exhibit D.
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Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
Additionally, CITIES shall indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES.
COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, brought by third parties based on COUNTY’s sole negligence in the collection or distribution of said Fees.
7. DISTRIBUTION OF FEE
COUNTY shall distribute the AB939 Program Fee to CITIES and the HHW Program Fee to the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non-disposal facility payments and disposal documentation required for calculation of Fee distribution amounts. Distributions shall begin December 15, 2024, and continue quarterly through October 15, 2027.
8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
9. LATE PAYMENTS
If Fee payments and disposal documentation are not received from landfill or non- disposal facility operators prior to scheduled distribution of payments to CITIES and the Countywide HHW Program, payment distribution shall be calculated on a pro rata share of monies received. Upon collection, late payments and accrued delinquent penalties, if any, shall be distributed among CITIES and the Countywide HHW Program according to the formula in Exhibits B and C.
10. ACCOUNTING
COUNTY shall maintain records of all transactions related to collection, use and distribution of the Fee for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. Such records will be available for inspection upon written request by CITIES, and will include but not be limited to tonnage reports submitted by landfills and non-disposal facilities, waste stream documentation provided by cities, payments made by the landfills and non-disposal facilities to the COUNTY and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs.
11. REQUEST FOR REVIEW
In the event CITIES have a dispute regarding the calculation of its share of the Fee or the distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10
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days of receipt of their Fee allocation. The review shall be performed within 30 days of request and results shall be reported to CITIES in writing.
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12. EFFECTIVE DATE OF AGREEMENT
This agreement is effective upon approval by all fifteen CITIES and the COUNTY.
13. AMENDMENT
This Agreement may be amended only by an instrument signed by all fifteen CITIES and the COUNTY
.
14. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties.
15. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2024 to June 30, 2027, or until all funds from the last quarter’s Fee payments have been distributed, whichever is later. COUNTY shall bill the operators of the landfills and non-disposal facilities listed in Exhibit A for the Fee commencing with the Quarter ending September 30, 2024. Said landfills and non-disposal facilities will be billed for the Fee through June 30, 2027.
16. NOTICES
All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance with this section.
City of
Contact:
Title:
Address:
County of Santa Clara
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Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
Contact: Recycling and Waste Reduction Program Manager
Program: Integrated Waste Management Services
Address: 1553 Berger Drive, Building 1
San José, CA 95112
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17. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
18. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designees.
19. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.
20. 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.
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Implementation Fee FYs 2025 - 2027
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IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:
Date: COUNTY OF SANTA CLARA
JAMES R. WILLIAMS
County Executive
Date: CITY”
CITY/TOWN OF
Title
A municipal corporation
APPROVED AS TO FORM AND LEGALITY:
Willie Nguyen
Deputy County Counsel
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Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
EXHIBIT A
LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Pacheco Pass Sanitary Landfill
Palo Alto Refuse Disposal Area
Zanker Materials Processing Facility
Zanker Road Landfill
NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN
SANTA CLARA COUNTY
Butterick Enterprises Recyclery
California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Composting Facility
ComCare Farms Composting Facility
Environmental Management Systems Facility
Green Waste Recovery Facility
Mission Trail Waste Systems, Inc.
Newby Island Compost Facility
Pacheco Pass Landfill Composting Facility
Pacific Coast Recycling, Inc.
Premier Recycling Facility
The Recyclery at Newby Island
San Martin Transfer Station
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Z-Best Composting Facility
Zanker Materials Processing Facility
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Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each of the CITIES, and the COUNTY for its unincoporated area, will receive $1.50 per ton of solid waste disposed of in landfills or taken to non-disposal facilities located in Santa Clara County that originates from that jurisdiction, as documented in quarterly reports submitted by the County to the State Disposal Reporting System.
Fees collected from undocumented disposed tonnage, or tonnage originating outside of Santa Clara County, will be distributed according to each jurisdiction’s percent of countywide population, according to the latest available population report issued by the California Department of Finance.
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Implementation Fee FYs 2025 - 2027
EXHIBIT C
CO
UNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (HHW Fee)
1. P
ROGRAM FUNDING SOURCE
H
HW Program services are mandated by State law, Public Resources Code Section 41500 et seq. Public Resources Code Section 41901 authorizes imposition of a fee to support planning and implementation of integrated waste management programs, including their HHW elements. The HHW Fee, of $2.60 per ton, collected as part of the AB939 Implementation Fee, will be the primary source of funding for Countywide Household Hazardous Waste Collection Program (CoHHW Program) services.
F
unds derived from the HHW Fee will be allocated among five types of CoHHW Program service costs as follows:
A. F
ixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.”
B. S
an José Facility Use Surcharge will be apportioned based on CITIES’ anticipated participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José.
C. V
ariable Cost Per Car is the cost associated with labor, waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing a base level service to 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.”
D. A
vailable Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.
E. A
bandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Public Resources Code Section 41904.
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Implementation Fee FYs 2025 - 2027
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2. FIXED PROGRAM COST
F unds shall be allocated on a per household basis for Fixed Program Costs at the conclusion of each Fiscal Year. This portion of the funds shall be distributed directly to the Countywide HHW Program to pay for HHW Program costs. Fixed Program Costs funding shall be calculated shall not exceed $5.07 per household in Fiscal Years 2025, 2026, and 2027. Fixed Program Costs may include, but are not limited to, eleven (11) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance, and union negotiated salary and benefit changes.
3. AB
ANDONED WASTE DISPOSAL COST
T
he Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed $0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $.05 per household are set forth in Attachment A, attached hereto and incorporated herein.
Any existing unexpended non-profit abandoned waste fund balance may be allocated toward funding of disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as defined in Public Resources Code Section 41904.
F
or the purposes of this agreement, a nonprofit charitable reuse organization has the definition provided in Public Resources Code Section 41904 as follows: “Nonprofit charitable reuser” means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials.
4. S
AN JOSÉ FACILITY USE SURCHARGE
T
he total San José Facility Use Surcharge for CITY will be based on CITY residents’ proportional participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José. The San José Facility Use Surcharge will vary depending on facility usage but will not exceed $8.09 per car for Fiscal Years 2025, 2026, and 2027. The total San José Facility Use Surcharge for CITY will be based on CITY’s participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José.
5. VARIABLE COST PER CAR
T he Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection
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Facilities and Temporary Events. This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable Cost Per Car is estimated to be $66.02 per car for Fiscal Years 2025, 2026, and 2027. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed costs and San José Facility Use Surcharge are allocated on a per household basis, the variable cost per car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to increase public outreach and/or provide additional services in that jurisdiction where the level of 4% is not reached the following year. 6 . AVAILABLE DISCRETIONARY FUNDING
T
he Available Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction and after allocation of Fixed Program Cost, San José Facility Use Surcharge, and Variable Per Car Cost. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in the jurisdiction by the Countywide HHW Program, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. CITIES authorize the COUNTY to determine appropriate uses of available discretionary funding and to use CITIES’ Available Discretionary Funding portion of the AB939 HHW Fee to provide for additional HHW services requested by the CITIES.
7 . PROGRAM FUNDING PASS-THROUGH
A nnual funding calculations include HHW Fees collected on behalf of all jurisdictions in the County. CITIES, at their option, may participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. If CITIES elect to participate in the Countywide HHW Program, their pro-rata share of the HHW Fee shall be retained by the County to utilize for HHW Program costs, as provided in this Agreement and the Agreement for Countywide Household Hazardous Waste Collection Program. The COUNTY will distribute to CITIES not participating in the Countywide Household Hazardous Waste Collection Program their pro-rata share of funding received by the COUNTY from the HHW Fee, except that the COUNTY may retain and expend that portion of the non-participating CITIES’ fee attributable to Abandoned Waste Disposal Costs.
I
f CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to allow residents to participate in HHW Program services on an emergency basis, then services to these residents will be provided on a cost recovery basis. A charge equal to the established rates charged by the Countywide HHW Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES.
A CITIES’ representative must call the Countywide HHW Program appointment line to schedule
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Implementation Fee FYs 2025 - 2027
an appointment for the resident. Liability shall be apportioned as provided in Exhibit D to this Agreement.
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Implementation Fee FYs 2025 - 2027
EXHIBIT D
S
ECTION 28 OF AGENCY AGREEMENT
FOR COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE COLLECTION PROGRAM
H
OLD HARMLESS AND INDEMNIFICATION
I
n lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a 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 by 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 Agreement. No party, nor any officer, board member, employee 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 delegated to such other parties under this Agreement.
Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program.
Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 23 of the AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
.
C
ITY shall further indemnify COUNTY for CITY’s apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total
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liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste.
COUNTY shall require Conditionally Exempt Small Quantity Generators (“CESQG”) and Nonprofit Charitable Reusers to indemnify COUNTY for, at minimum, their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste.
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Attachment: AB 939 Implementation Fee Agreement FY25-27 (Agreement Authorization for AB 939 and HHW Program)
Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027
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Hazardous Waste Collection Program Page 1 of 27
AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM
This Agreement for Countywide Household Hazardous Waste Collection Program (“AGREEMENT”) is made by and between the (“CITY”) and the County of Santa Clara (“COUNTY”) on the day of 2024.
RECITALS
W
HEREAS, the Board of Supervisors of the County of Santa Clara (“Board of Supervisors”) has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the unincorporated areas of the Santa Clara County and cities and towns within Santa Clara County participating in the Countywide program will have an opportunity to safely dispose of household hazardous wastes (HHW), regardless of the specific location at which the collection has been scheduled; and
W
HEREAS, CITY desires to provide residents with convenient opportunities to safely dispose of their HHW in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health and/or environmental hazard; and W
HEREAS, CITY desires to provide a safe, convenient, and economical means for residents to dispose of HHW. These wastes include, but are not limited to, common household products such as household cleaning products, furniture polish, solvents, oven cleaner, pesticides, oil-based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps, household batteries, and electronic waste; and
W
HEREAS, CITY desires to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2025 through FY 2027 (July 1, 2024 – June 30, 2027); and W
HEREAS, CITY desires to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in its jurisdiction; and W
HEREAS, CITY desires to participate in the Countywide Household Hazardous Waste Collection Program to meet these objectives; and
W
HEREAS, pursuant to Public Resources Code Section 41901, the Board of Supervisors has approved the collection of a $4.10 per ton Countywide AB939 Implementation fee, including a $2.60 per ton Household Hazardous Waste Fee (AB939 HHW Fee), for FY 2025 through FY 2027 (July 1, 2024 – June 30, 2027) on all wastes landfilled or incinerated within Santa Clara County, received at any non-disposal or collection facility located within Santa Clara County and subsequently transported for disposal or incineration outside of Santa Clara County, collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently
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transported for disposal or incineration outside of Santa Clara County, or removed from any location in Santa Clara County by any person or business for disposal or incineration outside the county; and
WHEREAS, the AB939 HHW Fee is allocated to the Countywide Household Hazardous Waste Program and participating jurisdictions to fund HHW program costs in accordance with the terms of the Countywide AB939 Implementation Fee Agreement; and
WHEREAS, CITY desires for COUNTY to utilize CITY’s share of the AB939 HHW Fee to provide HHW services for CITY residents.
NOW THEREFORE, CITY and COUNTY AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this AGREEMENT is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter into this AGREEMENT with the County.
2. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section 41500 et seq. State law authorizes cities and counties to impose fees in amounts sufficient to support planning and implementation of integrated waste management programs, including HHW elements. The AB939 HHW Fee, of $2.60 per ton, imposed by COUNTY as part of the AB939 Implementation Fee and collected and distributed in accordance with the Agreement for Countywide AB939 Implementation Fee will be the primary source of funding for CoHHW Program services. CITY agrees that COUNTY may utilize CITY’s share of the AB939 HHW fee to provide HHW Program services in accordance with the terms and conditions of this AGREEMENT.
Funds derived from the AB939 HHW Fee will be allocated among five types of CoHHW Program service costs as follows:
A.
Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.”
B. San José Facility Use Surcharge will be apportioned based on CITY residents’ participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José, CA 95133.
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C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing a base level service to 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.”
D. Available Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.
E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Section 41904 of California Public Resources Code.
The projected AB939 HHW Fee Allocation by jurisdiction is set out in Attachment A, attached hereto and incorporated herein.
3. FIXED PROGRAM COST
Estimated HHW Fixed Program Costs are projected in Attachment B, attached hereto and incorporated herein. Fixed Program Costs are allocated to CITY at the conclusion of each fiscal year based on CITY’s proportional share of the County population and will not exceed $5.07 per household for Fiscal Years 2025, 2026, and 2027. Fixed Program Costs may include, but are not limited to, up to eleven (11) County HHW Program staff members, facility lease costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit changes.
4. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed $0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $0.05 per household are set forth in Attachment A, attached hereto and incorporated herein.
For the purposes of this Agreement, “Nonprofit Charitable Reuser Organization” is defined in accordance with Section 41904 of California Public Resources Code as follows: a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials.
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5. SAN JOSÉ FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’ proportional participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José. Estimated San José Facility Use Surcharges are projected in Attachment A, attached hereto and incorporated herein. The San José Facility Use Surcharge will vary depending on facility usage but will not exceed $8.09 per car for Fiscal Years 2025, 2026, and 2027.
6. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $66.02 per participating resident car for Fiscal Years 2025, 2026 and 2027. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs and San José Facility Use Surcharge are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in the CITY, the CoHHW Program may use the remaining balance of funds, in cooperation with the CITY, to increase public outreach and/or provide additional services in that jurisdiction the following year.
7. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.
Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e-waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. COUNTY has discretion to determine appropriate uses of Available Discretionary Funding in accordance with the terms and conditions in this Agreement, and to apply the funding toward those uses.
8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE
The County of Santa Clara Recycling and Waste Reduction Division will administer the AB939 HHW Fee, as part of the existing online disposal reporting and payment system.
Administration and payment will be made in accordance with the Agreement for Countywide AB939 Implementation Agreement. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5) years after the termination date of this Agreement, unless otherwise required by law
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to retain such records for a longer period. CITY may request in writing a review by COUNTY of the Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing.
9. PROGRAM PUBLICITY
The CoHHW Program shall produce and make available to the public an HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events and community fairs. The brochure may also be distributed, upon request, to cities within Santa Clara County and to Santa Clara County residents and businesses.
The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The CoHHW Program shall be responsible for Countywide public education for used oil recycling. CoHHW Program public awareness responsibilities shall include, but not be limited to, the following activities:
• Serving as the formal contact to the local media such as local newspapers and television news stations;
• Providing participating jurisdictions with educational materials developed for the CoHHW Program;
• Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions; • Representing the program through educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and • Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials.
CITY’s public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to, the following activities:
• Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication; • Developing and distributing HHW promotion communications to residents for local and CITY newsletters, newspapers and to the electronic media; • Providing the CoHHW Program with a copy of HHW promotion materials produced by the CITY;
• Conducting and supporting outreach and publicity to attain the goal of 4% of households in the CITY participating in the CoHHW Program; and • Providing the CoHHW Program a report summarizing all outreach activities conducted by the CITY during the fiscal year. The report is due 30 days after the end of the reporting period.
10. TEMPORARY HHW EVENTS
COUNTY shall conduct Temporary HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary
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HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events.
When COUNTY conducts a Temporary HHW Event in CITY’s jurisdiction, CITY agrees to provide solid waste and recycling services at such event at no cost to the CoHHW Program to ensure the proper management of non-hazardous waste generated at the event. Any additional expenses for such event incurred beyond the agreed-upon budget shall be subject to negotiation and mutual agreement between the COUNTY and the CITY.
To increase the Community’s awareness of and participation in any Temporary HHW Event in CITY’s jurisdiction, the CITY agrees to promote, at the CITY’s sole expense, each such event to the residents at least thirty (30) days in advance before the scheduled date. The promotion may include, but is not limited to, bill inserts, door hangers, flyers, in-person outreach events, newsletters, press releases, public service announcements, social media, television public access stations, websites, etc.
11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoHHWCF).
The CoHHWCF are located at:
♦ San Martin, 13055 Murphy Avenue, San Martin, CA 95046 ♦ San José, 1608 Las Plumas, San José, CA 95133
The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected.
12. RECYCLING AND DISPOSAL PROGRAM FOR VERY SMALL QUANTITY
GENERATORS
COUNTY will provide services to accept hazardous waste from Very Small Quantity Generators (VSQG) in accordance with Section 25218.3 of California Health and Safety Code, as amended from time to time. VSQG is defined in Section 25218.1(q) of California Health and Safety Code.
Eligible VSQGs include, but not limited to, small businesses, governmental entities, non-profit organizations, schools, special districts, etc. within the County so long as they meet the criteria as defined in Section 25218.1(q) of California Health and Safety Code. Eligible VSQGs will be allowed to bring their hazardous waste to CoHHWCF. These services to VSQGs located within the CITY will be provided on a cost recovery basis, which will include program administration,
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on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for fee collection from participating VSQG.
The CITY may choose to pay for services for VSQG’s within the CITY and will notify the COUNTY in writing with 30-day advance notice in order to exercise this option. If the CITY exercises this option, the COUNTY will invoice the CITY for all costs associated with VSQG’s within the CITY. If CITY has available Discretionary Funding, COUNTY may use this funding to pay for VSQG costs.
13. ABANDONED HOUSEHOLD HAZARDOUS WASTE
The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and qualified nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee.
A) GOVERNMENT AGENCIES
Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program’s rates for VSQGs.
B) NONPROFIT CHARITABLE REUSER
In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the County Executive a request to be so designated. The County Executive shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the available fund to pay for the disposal of the abandoned HHW from Nonprofit Charitable Reusers is exhausted, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program’s rates for VSQGs. No additional costs shall be applied to the budget of the CITY or any other participating jurisdiction.
14. HOUSEHOLD HAZARDOUS WASTES ACCEPTED
HHW accepted by the CoHHW Program shall be limited to those materials that qualify as “Household Hazardous Waste” pursuant to Section 25218.1(d) of California Health and Safety Code, as amended from time to time. These materials include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals,
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household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, electronic waste (e-waste), and other common hazardous consumer products.
15. WASTES NOT ACCEPTED
Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive materials, biohazardous waste, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business, including a home operated business, except that waste from VSQGs as provided for in Section 12 of this Agreement shall be accepted.
16. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level. Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection.
CITY agrees to augment up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2025 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
CITY agrees to make an interim payment to COUNTY amounting to 50 percent of the augmentation amount stated above for each fiscal year. This interim payment shall be made no later than September 30
th of each fiscal year. The remaining balance of any outstanding cost shall be reconciled and paid or refunded in accordance with the terms outlined in the annual cost statement.
At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement.
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17. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 9:00 a.m. to 5:00 p.m, except for COUNTY-recognized holidays The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household materials. CITY will be notified immediately if resident participation approaches a level of service that may not be supported by available funding.
18. SCHEDULING AND SITE SELECTION
COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized that some participating jurisdictions in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2025 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service. The COUNTY determines the adequate number of collection days by tracking attendance at each event.
19. OUTSIDE FUNDING
During the term of this Agreement, COUNTY may seek outside funding sources for services that would supplement existing HHW services such as permanent collection sites, equipment, retail take-back collection and operational funding. If outside funding is obtained, the CoHHW Program will, at COUNTY’s discretion, proceed with development of additional programs using that outside funding without drawing on CITY’s funding provided under this Agreement.
20. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION
The CITY authorizes the CoHHW Program to apply for lead agency grants, including but not limited to Used Oil Payment Program grants, from the California Department of Resources Recycling and Recovery (CalRecycle), on behalf of participating jurisdictions. The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and administrator. The CoHHW Program will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude the COUNTY or a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply for the grant opportunity.
21. EMERGENCY SERVICES
Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster.
The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment D sets out CITY and
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COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY’s responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY’s written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment D, Household Hazardous Waste Emergency Collection Plan.
COUNTY agrees to conduct the Emergency Collection Event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from California Department of Toxic Substances Control and will handle wastes in accordance with applicable state laws and regulations. COUNTY will bill CITY for all Emergency Collection Events on a cost recovery basis, and all payments shall be due COUNTY within 30 days following the receipt of the invoice.
22. PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment, and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions, including the CITY, and the COUNTY, as described in Section 26 of this Agreement. Summary information concerning these corporate sponsored events, if any, will be included in the CoHHW Program’s annual report to the participating jurisdictions.
23. INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment E, Exhibit E Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured.
24. WASTE TRACKING AND REPORTING
COUNTY will provide a mid-year report to CITY regarding participation rates from each participating jurisdiction by March 15 of each year. Mid-year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services.
COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY’s fiscal year.
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It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate.
COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter.
25. PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program.
26. HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a 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 by 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 Agreement. No party, nor any officer, board member, employee 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 delegated to such other parties under this Agreement.
Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program.
Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 23 above.
CITY shall further indemnify COUNTY for CITY’s apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident
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employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the participating jurisdictions and the COUNTY as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste.
COUNTY shall require VSQGs and Nonprofit Charitable Reusers to indemnify COUNTY, at minimum, for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The VSQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to VSQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste.
27. TERMINATION
This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party.
28. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2024 to June 30, 2027, or until all revenue from the last quarter’s AB939 fee payments have expended and/or distributed, whichever is later.
29. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties.
30. EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument.
31. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
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32. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designates.
33. NOTICES
All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing:
CITY of City Representative
Representative’s Title
City Address
County of Santa Clara Director
Consumer and Environmental Protection Agency
1553 Berger Drive
San José, California 95112
34. 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.
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I N WITNESS WHEREOF , the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below:
Date: COUNTY OF SANTA CLARA
JAMES R. WILLIAMS
County Executive
Date: “CITY”
CITY/TOWN OF
Title
A municipal corporation
APPROVED AS TO FORM AND LEGALITY:
WILLIE NGUYEN
Deputy County Counsel
Attachments:
A
Projected Fiscal Years 2025, 2026, and 2027 AB939 HHW Fee Funding Allocation by Jurisdiction
B Estimated HHW Program Fixed Costs for Fiscal Years 2025, 2026, and 2027 C HHW Schedule of Collection Events for Fiscal Year 2025 D Household Hazardous Waste Emergency Collection Plan
E
Exhibit-E Insurance Requirements for Environmental Services Contracts
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ATTACHMENT A: PROJECTED FISCAL YEARS 2025-2027 ANNUAL HHW FEE
FUNDING ALLOCATION BY JURISDICTION
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ATTACHMENT B: ESTIMATED ANNUAL HHW PROGRAM FIXED COSTS FOR FISCAL YEARS 2025, 2026, AND 2027
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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2025-2027*
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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2025-2027* (Continued)
*SUBJECT TO CHANGE
2025/Month Day Date Location Type of Event County Holidays/ Notes January Wed 1 No Ev ent No Event NEW YEAR'S
Thurs,Fri, Sat 2,3,4 San Martin Permanent
Thurs,Fri,Sat 2,3,4 San Jose Permanent
Thurs,Fri 9,10 San Jose Permanent
Saturday 11 Sunnyvale Temporary TBD
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Thurs,Fri 23,24 San Jose Permanent
Saturday 25 Santa Clara Temporary TBD
Thurs,Fri 30,31 San Jose Permanent
February Sat 1 San Jose Permanent
Thurs,Fri, Sat 6,7,8 San Martin Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Thurs,Fri 27,28 San Jose Permanent
March Sat 1 San Jose Permanent
Thurs,Fri, Sat 6,7,8 San Martin Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
April Thurs,Fri,Sat 3,4,5 San Jose Permanent
Thurs,Fri, Sat 3,4,5 San Martin Permanent
Thurs,Fri 10,11 San Jose Permanent
Saturday 12 Los Altos Temporary TBD
Thurs,Fri 17,18 San Jose Permanent
Saturday 19 Sunnyvale Temporary TBD
Thurs,Fri 24,25 San Jose Permanent
Saturday 26 Santa Clara Temporary TBD
May Thurs,Fri,Sat 1,2,3 San Jose Permanent
Thurs,Fri, Sat 1,2,3 San Martin Permanent
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Thurs,Fri 22,23 San Jose Permanent
Saturday 24 No Event No Event MEMORIAL DAY WEEKEND
Thurs,Fri,Sat 29,30,31 San Jose Permanent
June Thurs,Fri, Sat 5,6,7 San Martin Permanent
Thurs,Fri,Sat 5,6,7 San Jose Permanent
Thurs,Fri 12,13 San Jose Permanent
Saturday 14 Milpitas Temporary TBD
Thurs, Fri,Sat 19,20,21 San Jose Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
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ATTACHMENT D:
COUNTY HOUSEHOLD HAZARDOUS WASTE
EMERGENCY COLLECTION PLAN
1. PURPOSE
T
he purpose of the Household Hazardous Waste Emergency Collection Plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by the local jurisdiction.
Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and California Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response.
2. T
iming of HHW
W
hile it is important to have special collection opportunities for disaster-related HHW as soon as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster and cleanup process by the designated City HHW Coordinator(s) is essential.
3. P
ublic Information/Notification:
Cities should be prepared to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City’s responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City’s public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door-to-door notices, roadside signs, signs on dumpsters, radio public service announcements, social media outlets and television public access stations. Be aware of communities where multiple language outreach efforts will be necessary.
4. State HHW Collection Permits
DTSC is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit for special collection of household hazardous waste from DTSC through their expedited approval process.
5. C
ollection Events
T
emporary collection events can be set-up at various sites including parking lots, city maintenance yards, within neighborhoods needing service, and at landfills or a centralized
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location to service larger segments of the population. Waste collected will be transported with a transportation vehicle provided by the HHW Program. In addition, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF).
The following options are available to each participating City.
• Neighborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility.
• Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events.
• CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. The County shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF.
The CoHHWCF are located at:
San Martin, 13055 Murphy Ave, San Martin, CA 95046
San Jose, 1608 Las Plumas, San Jose, CA 95133
6. Costs, Documentation, and Reimbursements
Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.
The County agrees to provide the City with a detailed accounting of services provided for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs.
Services to businesses will be provided on a cost recovery basis and according to Section 12 of the
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on- site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses.
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Attachment: Countywide Household Hazardous Waste (HHW) Collection Program Agreement FY25-27 (Agreement Authorization for AB 939 and Agreement for Countywide Household
Hazardous Waste Collection Program Page 21 of 27
7. State and Federal Assistance and Funds
I
t is the City’s responsibility to pursue reimbursement from State or Federal agencies.
California Governor’s Office of Emergency Services (Cal OES) C
al OES is responsible for requesting assistan is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond ce on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from Cal OES.
Follow Standardized Emergency Management System (SEMS)
All requests and emergency responses must be in accordance with the SEMS. DTSC may have funding available for hazardous waste response and collection.
Federal Assistance
If a state disaster area is declared a federal disaster, then federal funding assistance may be available through the Cal OES. Funding and assistance may be available from Federal agencies such as FEMA and the USEPA.
D
amage estimates: The city should provide to the Cal OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or Cal OES contacts regarding the proper procedures and wording of requests for assistance.
Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from USEPA.
REFERENCES
California Integrated Waste Management Board, Integrated Waste Management Disaster Plan:
Guidance for local government on disaster debris management, January 1997.
Emergency Planning Contacts and Personnel
Primary County Contact: County of Santa Clara
Consumer and Environmental Protection Agency
Household Hazardous Waste Program
ATTN: Hazardous Materials Program Manager
(408)-918-1967
F
or Non-Emergency after-hours, contact County Communications at: (408) 977-3220
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Attachment: Countywide Household Hazardous Waste (HHW) Collection Program Agreement FY25-27 (Agreement Authorization for AB 939 and Agreement for Countywide Household
Hazardous Waste Collection Program Page 22 of 27
Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and VSQG services in consultation with the City and other operations.
C
al OES Public Safety Communications Main Office
601 Sequoia Pacific Boulevard
Sacramento, CA 95811
(916) 894-5209
C
al OES
3650 Schriever Avenue
Mather, CA 95655-4203
(916) 845-8510
CHEMTREC Emergency number, (800) 424-9300
Non‑emergency (800) 262-8200
C
hemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals.
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Attachment: Countywide Household Hazardous Waste (HHW) Collection Program Agreement FY25-27 (Agreement Authorization for AB 939 and
ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 23 of 27
EXHIBIT E
INSURANCE REQUIREMENTS FOR
ENVIRONMENTAL SERVICES
CONTRACTS
(Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity
T
he Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any third party claim, liability, loss, injury or damage to the extent arising out of, or in connection with , performance of this AGREEMENT by Contractor and/or its agents or employees, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this AGREEMENT to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold harmless the County under this AGREEMENT and does not prevail in that contest.
Insurance
W
ithout limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this AGREEMENT, or as may be further required herein, the following insurance coverages and provisions:
A. Evidence of Coverage
P
rior to commencement of this AGREEMENT, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate.
T
his verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the AGREEMENT until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor.
B. Qualifying Insurers
A
ll coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager.
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Attachment: Countywide Household Hazardous Waste (HHW) Collection Program Agreement FY25-27 (Agreement Authorization for AB 939 and
ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 24 of 27
Exhibit E (Continued)
C. Notice of Cancellation
S
hould any of the requested policies be cancelled before the expiration date, notice will be provided in accordance with policy provisions.
D. Insurance Required
1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows:
a. E
ach occurrence - $1,000,000
b. G
eneral aggregate - $2,000,000
c. P
roducts/Completed Operations aggregate - $2,000,000
d. P
ersonal Injury - $1,000,000
2. General liability coverage shall include:
a. P
remises and Operations
b. P
roducts/Completed
c. P
ersonal Injury liability
d. S
everability of interest
3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County:
A
dditional Insured Endorsement, (Commercial General Liability Additional Insured provided pursuant to Additional Insured Endorsement #1), which shall read:
“
County of Santa Clara, and members of the Board of
Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara,
individually and collectively, as additional insureds provided pursuant to Additional Insured Endorsement Form #1.”
I
nsurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided
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Attachment: Countywide Household Hazardous Waste (HHW) Collection Program Agreement FY25-27 (Agreement Authorization for AB 939 and Agreement for Countywide Household
Hazardous Waste Collection Program Page 25 of 27
Exhibit E (Continued)
und
er this policy. Public Entities may also be added to the Additional Insured Endorsement Form #1 as applicable by way of insurance addendum, and the contractor shall be notified by the contracting department of these requirements.
4. Automobile Liability Insurance
F
or bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non- owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsem ent MCS90 for contracts requiring the transportation of hazardous materials/wastes.
5. Workers' Compensation and Employer's Liability Insurance a. S
tatutory California Workers' Compensation coverage including broad form all-states coverage.
b. E
mployer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence.
6. Contractors Pollution Liability Insurance
C
overage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite.
7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.)
a. C
overage shall be in an amount of not less than one million dollars ($1,000,000) per claim/aggregate.
b. I
f coverage contains a deductible or self-retention, it shall be reviewed and approved by the County’s Insurance Manager prior to contract execution.
c. C
overage as required herein shall be maintained for a minimum of two years following termination or completion of this AGREEMENT.
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Attachment: Countywide Household Hazardous Waste (HHW) Collection Program Agreement FY25-27 (Agreement Authorization for AB 939 and
ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 26 of 27
Exhibit E (Continued)
8. Claims Made Coverage
If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that:
a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements).
b. Policy allows for reporting of circumstances or incidents that might give rise to future claims. If coverage terminated Run-Off (Tail) coverage will be purchased for three (3) years following termination.
E. Special Provisions
The following provisions shall apply to this AGREEMENT:
1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this AGREEMENT, including but not limited to the provisions concerning indemnification.
2. The County acknowledges that some insurance requirements contained in this AGREEMENT may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this AGREEMENT. Any self -insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self -insurance programs or self -insurance retentions.
3. Should any of the work under this AGREEMENT be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages.
4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above.
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Attachment: Countywide Household Hazardous Waste (HHW) Collection Program Agreement FY25-27 (Agreement Authorization for AB 939 and
ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 27 of 27
Exhibit E (Continued)
F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments)
Before receiving compensation under this AGREEMENT, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this AGREEMENT, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this AGREEMENT, at the option of County.
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Attachment: Countywide Household Hazardous Waste (HHW) Collection Program Agreement FY25-27 (Agreement Authorization for AB 939 and City
Council
Report
TITLE: Approval of Farmers' Market Agreement (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution approving an agreement and authorizing the City Manager to execute the agreement between the City of Campbell and Urban Village Farmers' Market Association for the operation and management of the Downtown Campbell Farmers' Market.
BACKGROUND
For years, the City of Campbell (City)’s downtown has been home to many festive and vibrant community events and celebrations. One of the City’s most prized offerings is the Downtown Campbell F armers’ Market (Farmers’ Market) , which is held every Sunday from 9:00 a.m. to 1:00 p.m. The Farmers’ Market has consistently been rated one of the best year -round farmers' markets in the South Bay, with people coming from near and far to enjoy the large selection of fresh and locally grown produce and original locally made crafts and goods. The Farmers’ Market also provides visitors to Campbell with an opportunity to explore the greater downtown and take advantage of Campbell’s quaint and inviting cafés, restaurants, and “Mom & Pop” retail stores.
Currently, pursuant to an agreement with the City, Urban Village Farmers’ Market Association (Urban Village) operates the Farmers’ Market for the City . However, the agreement between the City and Urban Village expires at the end of June 2024 . As such, and in line with its procurement practices, on March 1, 2024, the City posted a Request for Qualifications (RFQ) seeking responses from qualified operators to continue the operation of the F armers’ Market in Campbell. In its RFQ, the City noted that a ny organization interested in continuing the F armers’ Market operations in Downtown Campbell would be expected to:
• Have at least three (3) years’ experience managing and operating all aspects of a successful farmers’ market or a special event that includes the offering of goods similar to that of a farmers’ market operation; • Be familiar with all county, state, and federal regulations pertaining to farmers’ markets;
• Have the ability to provide vendors of quality organic produce, fruits, plants, and locally made food products; and
Item: 13
Category: NEW BUSINESS
Meeting Date: May 21, 2024
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• Support the City’s Economic Development Plan by providing a farmers’ market that adds to the vibrancy and appeal of Downtown Campbell, attracts new visitors, and serves the needs of the community with fresh fruits and vegetables and locally made goods.
Interested organizations would also be required to:
• Continue operating the Farmers’ Market in its existing footprint along E.
Campbell Avenue , between Third Street and Central Avenue, and along both S. Second Street and S. First Street, between Orchard City Drive and E. Campbell Avenue;
• Operate the Farmers’ Market on Sundays, from 9:00 AM to 1:00 PM; • Agree that at least seventy -five percent (75%) of the vendors operating within the Farmers’ Market would offer organic produce, fruit, flowers, plants, meats, seafood, and prepared edible products, such as: cheese, pasta, baked goods, candy, and other specialty foods;
• Agree that no more than twenty-five (25%) of the vendors operating in the Farmers’ Market would offer arts and crafts;
• Agree that mobile food facilities including trucks, trailers, vans, carts, or any portable units used to prepare, sell, or transport food would not be allowed to operate in the Farmers’ Market; and
• Obtain a City business license and maintain the license throughout the duration of the agreement with the City and the operation of the Farmers’ Market.
While the City in turn would agree to provide the use of its streets and the public right - of-way for the operator to conduct the Farmers’ Market, the City advised that the presence of vendors increases the City’s cost to maintain City streets and sidewalks.
Additionally, the City acknowledged that downtown businesses pay rent, incur operating expenses, and pay business license fees to the City. In consideration of these impacts to City streets , the public right -of-way, and downtown businesses, and in lieu of each vendor operating with a City-issued business license, interested organizations would be expected to enter into a four -year agreement with the City and pay the City an annual fee for the use of the City’s streets and sidewalks as follows:
Year Amount of Increase* Annual Fee Quarterly Fee
2024 $0 $7,553** $3,776.50
2025 $302 $15,408 $3,852
2026 $308 $15,716 $3,929
2027 $314 $16,030 $4,007.50
2028 $321 $8,175.50*** $4,087.75
Totals****
* Amount of increase is based on a 2% annual increase.
** Total Fee collected between July 1 and December 31, 2024. 13 Packet Pg. 114
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*** Total Fee collected between January 1 and June 30, 2028. **** Fee is calculated using a total of one hundred (100) participating market vendors, multiplied by the current fiscal year business license fee, and includes costs associated with street cleaning and maintenance.
In addition , any organization interested in responding to the RFQ was required to participate in a walkthrough of Downtown Campbell and was required to participate in a Responder’s Conference on March 18, 2024. Lastly, all responses to the City’s RFQ were due by no later than 5:00 p.m. on April 1, 2024.
DISCUSSION
By end of day, April 1, 2024, the City received two responses to its RFQ: one from West Coast Farmers’ Market Association (West Coast) and the other from Urban Village Farmers’ Market Association ( Urban Village). A panel that included the Assistant City Manager, the City’s Economic Development consultant, and a Director of Economic Vitality from an adjacent city then reviewed and rated all responses received according to the following criteria:
Responses that received a passing score w ould be invited to interview with the same panel on Monday, April 22, 2024. Based on the responses submitted, the City invited both West Coast and Urban Village to interview with the panel on April 22, 2024.
After interviewing both responders, i t was clear that each responder was capable of operating a farmers’ m arket. However, upon close review of each responder’s Operations Plans, Business Plans, and professional references , Urban Village clearly stood out as the most qualified candidate to continue the Farmers’ Market operations.
For example , Urban Village provided an Operations P lan that clearly and comprehensively outlined:
• How it would c omply with all the “DUTIES OF THE OPERATOR” set forth in the proposed City of Campbell Farmers’ Market Agreement; No. Written Evaluation Criteria Point Value
1 Completeness of Response Pass/Fail
2 Qualifications & Experience 30
3 Organization & Approach 20
4 Completeness of Scope of Services 25
5 References 25
6 Conflict of Interest Statement Pass/Fail
Subtotal: 100
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Approval of Farmers' Market Agreement Page 4 of 5
• How it wou ld comply with specific use requirements of the Santa Clara County Agricultural Commissioner, and the Santa Clara County Department of Environmental Health;
• How it would comply with the County of Santa Clara’s prohibition against live animals within twenty feet of Temporary Food Facilities (TFF); • How it would staff the Farmers’ Market;
• How it would comply with requirements of the Americans With Disabilities Act (ADA); and
• How it would t ime delivery, set-up and take -down of booths, as well as the removal of products and clean-up post Farmers’ Market.
In addition, Urban Village gave clear indication of being prepared to enter into a four - year agreement with the City and pay the City an annual fee for the use of the City’s streets and sidewalks.
See “Urban Village Farmers’ Market Association - Qualifications Submission For:
Operator of the Farmers’ Market in Downtown Campbell.” (Attachment C) Lastly, in addition to agreeing to comply with all the requirements outline d by the City, Urban Village offered to check in with the City on a quarterly basis to discuss the success of the Farmers’ Market and whether any improvements could be made and to provide the City with the number of vendors regularly participating in the Farmers’ Market; and, agreed to explore membership with the Downtown Campbell Business Association to ensure regular communication and potential collaboration between the two, with the goal of drawing even more customers to Downtown Campbell.
For these reasons, staff recommends the City Council approve the proposed “City Of Campbell Farmers’ Market Agreement” (Attached to City Council Resolution) between the City of Campbell and U rban Village Farmers’ Market Association for the continued operation of the Farmers’ Market in Downtown Campbell.
FISCAL IMPACT
If approved, the “City Of Campbell Farmers’ Market Agreement” between the City of Campbell and Urban Village Farmers’ Market Association will result in the City receiving the fees reflected in the table above, with Urban Village Farmers’ Market paying a prorated amount between July 1 and December 31, 2024 , and a prorated amount between January 1 and June 30, 2028.
ALTERNATIVES
1. Do n ot approve the proposed agreement between the City of Campbell and Urban Village Farmers’ Market Association.
2. Approve the proposed agreement with amendments.
3. Direct staff to issue a new RFQ.
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Approval of Farmers' Market Agreement Page 5 of 5
Prepared by:
Angelique Gaeta, Assistant City Manager
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Farmers' Market Agreement 2024
c. UVFM RFQ Response
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RESOLUTION NO._________________
RESOLUTION OF THE CITY OF CAMPBELL CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH URBAN VILLAGE FARMERS’ MARKET ASSOCIATION
TO OPERATE AND MANAGE THE DOWNTOWN CAMPBELL FARMERS’ MARKET
WHEREAS, on March 1, 2024, the City of Campbell (City) issued a Request for Qualifications (RFQ) seeking responses from qualified farmers’ market operators to operat e and manage the Downtown Campbell Farmers’ Market; and
WHEREAS, the City noted that any organization interested in responding to the RFQ would be expected to:
• Have at least three (3) years’ experience managing and operating all aspects of a successful farmers’ market or a special event that includes the offering of goods similar to that of a farmers’ market operation;
• Be familiar with all county, state, and federal regulations pertaining to farmers’ markets;
• Have the ability to provide vendors of quality organic produce, fruits, plants, and locally made food products; and
• Support the City’s Economic Development Plan by providing a farmers’ market that adds to the vibrancy and appeal of Downtown Campbell, attracts new visitors, and serves the needs of the community with fresh fruits and vegetables and locally made goods; and
WHEREAS, interested organizations would also be required to:
• Continue operating the Downtown Campbell Farmers’ Market in its existing footprint , along E. Campbell Avenue, between Third Street and Central Avenue, and along both S. Second Street and S. First Street, between Orchard City Drive and E. Campbell Avenue;
• Operate the Downtown Campbell Farmers’ Market on Sundays, from 9:00 AM to 1:00 PM;
• Agree that at least seventy -five percent (75%) of the vendors operating within the Downtown Campbell Farmers’ Market would offer organic produce, fruit, flowers, plants, meats, seafood, and prepared edible products, such as: cheese, pasta, baked goods, candy, and other specialty foods;
• Agree that no more than twenty-five (25%) of the vendors operating in the Downtown Campbell Farmers’ Market would offer arts and crafts;
• Agree that mobile food facilities including trucks, trailers, vans, carts, or any portable units used to prepare, sell, or transport food would not be allowed to operate in the Downtown Campbell Farmers’ Market; and
• Obtain a City business license and maintain the license throughout the duration of the agreement with the City and the operation of the Downtown Campbell Farmers’ Market; and
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Attachment: Resolution (Approval of Farmers' Market Agreement) WHEREAS, in lieu of each vendor operating with a City -issued business license, interested organizations would be expected to enter into a four -year agreement with the City and pay the City an annual fee for the use of the City’s streets and sidewalks; and
WHEREAS, the City received two responses to its RFQ , one of which was submitted by Urban Village Farmers’ Market Association; and
WHEREAS, based on the Operations Plans, Business Plans, professional references, and responses provided during panel interviews, Urban Village Farmers’ Market Association stood out as the most qualified candidate to operate the Downtown Campbell Farmers’ Market;
NOW, THEREFORE, BE IT RESOLVED, that the City of Campbell City Council does hereby approve and authorize the City Manager to execute the “City Of Campbell Farmers’ Market Agreement,” attached hereto and incorporated herewith , to allow the Urban Village Farmers’ Market Association to operate and manage the Downtown Campbell Farmers ’ Market, effective July 1, 2024 through June 30, 2028.
PASSED AND ADOPTED this 21st of May, 2024 by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
APPROVED: _________________________
Susan M. Landry, Mayor
ATTEST: ________________________
Andrea Sanders, City Clerk
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Attachment: Resolution (Approval of Farmers' Market Agreement)
CITY OF CAMPBELL
FARMERS’ MARKET AGREEMENT
This City of Campbell Farmers’ Market Agreement (hereinafter referred to as “Agreement”) is entered into on the ________ day of _________________, 2024, by and between the CITY OF CAMPBELL(hereinafter referred to as “City”) and _________________ (hereinafter referred to as “Operator”). This Agreement shall expire on June 30, 2028.
WHEREAS, the City desires to have a certified farmers’ market operating in Downtown Campbell (hereinafter referred to as “Downtown”) to support the City’s Economic Development Plan as an amenity that adds to the vibrancy and appeal of Downtown, attracts new visitors, and serves the needs of local residents by providing the availability of fresh fruits and vegetables to the community; and
WHEREAS, the City desires to retain the services of Operator for the purpose of operating a certified farmers’ market in Downtown (herein after referred to as “Market”); and
WHEREAS, the City desires for the Market to meet the certification requirements of the County of Santa Clara’s Agricultural Commissioner and Department of Environmental Health; and
WHEREAS, Operator represents it has the expertise, means, and ability to fulfill the covenants, conditions, provisions, and duties in operating and managing the Market, as set forth herein;
NOW, THEREFORE, in consideration of each other’s mutual promises, City and Operator agree as follows:
1. DUTIES OF OPERATOR
1.1 Operator agrees to organize and manage all aspects of the Market including, but not limited to farmer and vendor recruitment, management of daily Market operations, and performance and enforcement of duties, covenants, conditions, and provisions as provided herein.
1.2 Operator shall meet the certification requirements of the State of California, County of Santa Clara Agricultural Commissioner, and the Department of Environmental Health, including, where applicable, the “Requirements For Temporary Food Facilities (TFF) At Temporary Events And Certified Farmers’ Markets.” (“Attachment C” to City’s“Request for Qualifications – Operator of Farmers’ Market in Downtown Campbell,” issued March 1, 2024, hereinafter referred to as “City’s RFQ”.)
1.3 Operator shall obtain and maintain the requisite business license issued by the City Finance Department to operate the Market in the City during each year of this Agreement.
1.4 In accordance with this Agreement, Operator shall operate the Market each Sunday, year-round, with business hours from 9:00 AM to 1:00 PM, with the exception of the third Sundays of May and October, which are reserved for the Campbell Chamber of ATTACHMENT B13.b
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Attachment: Farmers' Market Agreement 2024 (Approval of Farmers' Market Agreement)
Commerce (hereinafter referred to as “Chamber”)’s Boogie Festival and Oktoberfest, respectively.
1.5 Operator shall begin Market set up no sooner than 6:00 AM and close the Market for business no later than 1:00 PM. Vendors shall be packed and vacated from the streets no later than 3:00 PM. Sidewalks and streets shall be cleaned of liter and debris with streets opened to traffic no later than 3:00 PM.
1.6 Operator shall operate only within the footprint and areas designated within the Farmers’ Market Vendor Booth & Barricade Plan. (“Attachment A” to City’s RFQ.) Operator shall also be responsible for installing and removing all barricades and signs for street closures, directional signs, and prohibitive signs (i.e., “No Dogs”) necessary for the operation of the Market in compliance with the Farmers’ Market Vendor Booth & Barricade Plan.
a. In the event the City installs public safety improvements such as bollards or other protective barriers as part of a City-approved public safety plan for the Market, Operator is required to contribute a pro rata share of these improvements.
b. Should Police Department personnel be required to provide security services at the Market, as determined by the Chief of Police, Operator shall be responsible for related costs.
1.7 Operator shall ensure that live animals are not permitted within twenty (20) feet of any Temporary Food Facilities, in accordance with County of Santa Clara Department of Environmental Health’s “Requirements for Temporary Food Facilities (TFF) at Temporary Events and Certified Farmers’ Markets”. (“Attachment C” to City’s RFQ.) Operator agrees to post clear signage requiring individuals with emotional support and comfort animals to comply with this requirement.
1.8 Service animals trained to assist persons with disabilities as a reasonable accommodation under the control of their handlers are permitted in the Market pursuant to the Americans with Disabilities Act (hereinafter referred to as “ADA”).
1.9 Dogs under the control of uniformed law enforcement officers acting in the scope of their duties are permitted in the Market. Dogs under the control of licensed private patrol service providers acting in the scope of their duties are permitted in the Market pursuant to the California Business and Professions Code regulating private security services.
1.10 Operator shall conduct regular patrols during Market hours to ensure compliance with Sections 1.6 through 1.9 of this Agreement.
1.11 Operator agrees to perform under this Agreement in accordance with the degree of skill and expertise generally exercised by members of Operator's profession. Operator shall act in good faith with the City in all aspects of the performance of this Agreement.
1.12 Operator's designated Project Manager shall be ______________. The Operator's Project Manager shall have all the necessary authority to direct work within the scope of the Agreement and shall serve as the principal point of contact with the City.
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Attachment: Farmers' Market Agreement 2024 (Approval of Farmers' Market Agreement)
1.13 The authorized Project Manager or designee executing this Agreement shall have authority to make decisions regarding changes in services, termination, and other contractual matters on behalf of Operator.
1.14 Either the Project Manager or a designated Market Manager shall be in attendance at all times during the Market's operation. During the summer months when the Market attendance is at peak volumes, the Market may require Operator to retain additional staff to manage the Market. The Operator will ensure that adequate supervision is in place to manage the Market's activities and Operator’s employees, agents, and subcontractors on any given Sunday.
1.15 Operator is ultimately responsible for the actions of any Project Manager, Market Manager(s), and/or Operator employees, agents, and subcontractors that may be appointed by the Operator. It shall be the Operator's responsibility to ensure that the Market has adequate supervision by qualified personnel who can interact with the public, business owners, and City representatives in a professional and responsible manner. If requested by the City, Operator shall replace staff for good cause. The Market Manager shall be required to carry a cell phone and provide the City with the cell phone number in the event City or Police Department staff need to contact the Market Manager the day of the Market.
1.16 Operator shall supply a minimum of one source-separated solid waste, recycling, and organic receptacle for every block of the Market. Operator shall also place an extra solid waste receptacle adjacent to each City trash receptacle along E. Campbell Avenue, between Third Street and Central Avenue, to relieve the overflow of trash in City trash receptacles during the Market. See City Trash Receptacle Map for locations, attached hereto as, “Exhibit 1.” Operator will regularly empty full City trash receptacles during the Market and remove excess trash from City trash receptacles after the Market closes for business.
1.17 Operator shall dispose of all waste generated by the Market into dedicated waste containers provided by the City’s exclusive haulers. The waste containers shall be stored at a location designated by the City’s Public Works Director. Operator shall arrange for and maintain weekly collection service with the City’s exclusive hauler.
Container lids must be closed at all times. Locked bin service is advised. The area surrounding the container shall be maintained free of litter and debris.
1.18 At least seventy-five percent (75%) of the Market vendors will offer organic produce, fruit, flowers, plants, meats, seafood, and prepared edible products, such as: cheese, pasta, baked goods, candy, and other specialty foods. The percentage of arts and crafts vendors selling goods at the Market shall be limited to no more than twenty-five percent (25%) of the Market vendors. The City has the discretion to have the Operator remove a vendor that sells products or merchandise that directly competes with Downtown merchants.
1.19 Operator is responsible for ensuring that placement of vendor booths and displays complies with Santa Clara County Fire Department requirements. Operator is also responsible for ensuring that all driving surfaces are kept free of obstructions including vendor booths and vehicles to allow for fire vehicle access. All sidewalk and crosswalk areas, and ADA ramps intended for pedestrian access between the streets and
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sidewalks shall be free and clear accessible paths of travel pursuant to ADA accessibility requirements during the Market.
1.20 Operator shall provide adequate booth spacing to allow for egress and ingress to the “Courtyard” retail property, located at 295-329 E. Campbell Avenue, so that this location may be accessible to patrons of the businesses at this location.
1.21 There shall be no stacking or placement of produce, produce containers, or any vendor supplies, chairs, display cases, or other items on public sidewalks or against buildings during the Market. The Operator shall be responsible for cleaning up any produce stains related to produce stacking or staging including steam cleaning as determined by the City.
1.22 Unless otherwise required by the State of California, County of Santa Clara Agricultural Commissioner and Department of Environmental Health, vendors shall not install booth screens, panels or other materials that block visibility to Downtown storefronts. The back sides of all booths shall remain open so businesses behind each vendor have clear visibility to the street.
1.23 Vendors are prohibited from using any City trash receptacles to dispose of their refuse.
Each vendor shall ensure the area around their booth is completely cleaned and all equipment, supplies, boxes, trash, and debris are cleaned up at the conclusion of the Market.
1.24 All vendors shall comply with Chapters 6.19 and 6.30 of the Campbell Municipal Code regarding restrictions and prohibitions of single-use foodware accessories, standard condiments, and expanded polystyrene disposable food service ware.
1.25 Vendors violating Sections 1.21, 1.22, 1.23 and/or 1.24 of this Agreement shall be fined by the Operator to ensure future compliance.
1.26 Operator shall display downtown merchant promotional materials, as provided by downtown business owners and the Downtown Campbell Business Association, to market their businesses, programs, and events at the Market's information booth each Sunday. The Chamber shall have display space at the Market’s information booth for its promotional materials when requested.
1.27 Operator shall provide the City with a designated area in front of 276 E. Campbell Avenue for the City's use to promote City-sponsored programs, services, and events.
The City reserves the right to use this area on the first, third, and when applicable, fifth Sundays of the month. The Campbell Community Emergency Response Team (hereinafter referred to as, “CERT”) shall use this area during the second and fourth Sundays of each month.
1.28 Operator shall provide at least three (3) four-foot tables, twelve (12) folding or stackable chairs and two (2) umbrellas, if needed for shade, in the cooked-food vendor area along E. Campbell Avenue between Second Street and Third Street so patrons may consume their cooked-food purchases. Operator shall place at least two trash receptacles in this area and keep said area free of all litter and debris during Market business hours.
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Tables, chairs, and umbrellas shall be stored as designated by the City’s Public Works Director at no cost to the Operator.
2. DUTIES OF THE CITY
2.1 City shall promote the Market via its media channels such as the City's website, social media platforms, lamp post banners, and other promotional materials.
2.2 City shall work cooperatively and in good faith with the Operator in resolving issues to ensure a successful Market.
3. COMPENSATION TO THE CITY
3.1 While the City provides Market vendors the use of City streets and public right-of-way to conduct retail sales transactions and generate revenue at a minimal cost, the presence of vendors increases the cost of maintenance of streets and sidewalks to the City. Additionally, Downtown businesses pay rent, incur operating expenses, and pay business license fees to the City. In consideration of the impacts to local businesses, the cost to the City for maintenance of City streets and sidewalks, and the use of the public right-of-way, Operator agrees to compensate the City based on the fee schedule provided in Section 3.4 of this Agreement and in lieu of each vendor operating with a City-issued business license.
3.2 The Operator shall pay the City an annual fee, to be paid by Operator on a quarterly basis, by cash or check, between July 1, 2024, and June 30, 2028. The annual fee shall increase by 2% beginning January 1, 2025, and during each subsequent year of this Agreement. The annual fee increase is based on the maximum annual percentage increase of City business license fees of 2% as set by Campbell Municipal Code Section
5.01.170. Including these annual increases eliminates the need to re-negotiate an annual fee more frequently.
3.3 The City will collect $62,882.50 during the lifetime of this Agreement. The 2024 fee reflects the prorated amount to be collected between July 1, 2024, and December 31, 2024. The 2028 fee reflects the prorated amount to be collected between January 1, 2028, and June 30, 2028, so time periods for any subsequent agreements align with the City's fiscal year.
3.4 Annual Fee Schedule 2024 through 2028:
Year Amount of Increase* Annual Fee Quarterly Fee
2024 $0 $7,553** $3,776.50
2025 $302 $15,408 $3,852
2026 $308 $15,716 $3,929
2027 $314 $16,030 $4,007.50
2028 $321 $8,175.50*** $4,087.75
Totals****
* Amount of increase is based on a 2% annual increase. ** Total Fee collected between July 1, 2024, and December 31, 2024. *** Total Fee collected between January 1, 2028, and June 30, 2028. **** The annual fee is calculated using a total of one hundred (100) Market vendors, multiplied by the current fiscal year business license fee, and includes costs associated with street and sidewalk cleaning and maintenance.
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3.5 Fees owed to the City are due on the last day of each quarter (March 30, June 30, September 30, and December 31). If payment is not received within ten (10) calendar days of the due date, a ten percent (10%) late penalty shall be added to the total amount due. If the 10thday falls on a weekend and/or holiday, fees are due on the preceding business day. The 10% penalty shall apply to all outstanding fees owed, including current fees, past due fees, and accumulated late charges. An interest rate of one and one-half percent (1.5%) will be charged on a monthly basis on any unpaid balances until paid in full.
3.6 If Operator fails to timely pay the fees owed for two (2) or more quarters, the City may terminate this Agreement pursuant to Sections 7 and 9 herein.
3.7 Payment shall be made to:
The City of Campbell
Finance Department
Attention: Accounts Receivable
70 N First Street
Campbell, CA 95008
4. COMPENSATION TO THE OPERATOR
The City agrees that all monies generated by membership and stall fees paid by farmers and vendors shall be compensation to the Operator for operation of the Market.
5. TERM OF CONTRACT
This four-year Agreement shall be in full force and effect from the date of execution until it expires on June 30, 2028. At least ninety (90) days prior to expiration of this Agreement, Operator and City will enter into discussions for consideration of an Agreement extension and any amendments as deemed appropriate. Operator and City may re-evaluate this Agreement in the event of such a request by the City or Operator as deemed appropriate.
6. NO ASSIGNMENT
Except as otherwise expressly provided in this Agreement, it is understood and agreed that this Agreement is for specialized professional services and Operator cannot assign management services without the City's prior consent in writing.
7. TERMINATION
The City or Operator may terminate the Agreement for convenience by providing written notice to the other party not less than thirty (30) calendar days prior to an effective termination date.
The City or Operator may terminate the Agreement for material breach of Agreement by providing written notice to the other party not less than seven (7) calendar days prior to the effective termination date.
In no event will the City be liable for any loss of profits on the resulting Agreement or portion thereof so terminated. After the effective date of termination, Operator will have no further claims against the City under the Agreement. Termination of the Agreement pursuant to this
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Section may not relieve the Operator of any liability to City for damages sustained by City because of any breach of Agreement by Operator.
The rights and remedies provided in this Section will not be exclusive and are in addition to any rights and remedies provided by law or under the Agreement.
8. BEST EFFORTS OF THE OPERATOR
Operator agrees that it will, at all times faithfully, industriously, and to the best of its ability, experience, and talent, perform all of the duties that may be required of or from it, pursuant to all terms of this Agreement, expressed or implied, in a manner reasonably satisfactory to the City, in accordance with the standards reasonably expected of a Market Manager so engaged.
9. DEFAULT & REMEDIES
The occurrence of the following constitutes a material default and breach of this Agreement by Operator: The failure of Operator to timely pay fees owed to the City for two (2) or more quarters, or the failure of Operator to observe or perform any of the covenants, conditions, or provisions of this Agreement to be observed or performed by Operator, where the failure continues for a period of two (2) consecutive Markets after written notice thereof from the City to the Operator; provided, however, that if the nature of Operator's default is such that more than two consecutive Markets are reasonably required for its cure, as determined in good faith by the City, then Operator shall not be deemed to be in default if Operator diligently commences and completes such cure within the prescribed time period or a reasonable period of time as determined in good faith by the City.
If the default is not corrected as determined in good faith by the City, and within either the prescribed time period or a reasonable time period, the City shall impose a fine equal to the current business license fee for each and every following Market date until the default is corrected.
If such default and breach are not cured, as provided herein, then City shall have the right to terminate this Agreement and pursue those remedies available to it under the laws of the State of California.
10. INDEPENDENT CONTRACTOR AND OPERATOR NOT AN AGENT
In the performance of its work, it is expressly understood that Operator, including Operator's employees and agents, are independent contractors, and not employees or agents of the City. Operator shall retain full control over the employment, direction, compensation, and discharge of such individuals as they assist Operator in the performance of services hereunder. Operator shall be fully responsible for all matters relating to wages or salaries of such individuals, such as the payment of all employment taxes, including SDI, Federal, and State income taxes, unemployment insurance, and disability taxes, among others, if so required, and will be responsible for compliance with all laws and regulations governing such matters. Operator shall be responsible for its own acts and those of its employees and agents during the term of this Agreement.
11. INDEMNITY
Operator agrees to indemnify, defend, and hold the City, its councilmembers, officials, officers, directors, employees, representatives, volunteers, and agents harmless from and against any and all liability, claims, losses, damages, demands, suits, actions, causes of
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actions, judgments, or costs and expenses (including attorney's fees) arising out of, or alleged to arise out of the acts or omissions of Operator, its employees, agents, subcontractors, or vendors in any way related to the obligations or in the performance of the services under this Agreement, including but not limited to the violation of any Federal, State, or municipal law or ordinance, except where caused by the sole negligence or willful misconduct of the City. This provision shall expressly apply to, but is not limited to any and all liability, claims, losses, damages, suits, actions, causes of actions for bodily injury, personal injury, property damage, or infringement of any property rights, including but not limited to intellectual property rights. This provision is intended to fully allocate all risk between the parties for liability to third parties; and Operator shall have no rights against City for indemnity, contribution, or defense as to any matter covered by this provision. This provision shall survive the termination of this Agreement; and approval of any insurance coverage does not, in any way, relieve Operator of liability under this clause.
12. INSURANCE REQUIREMENTS
Upon execution of this Agreement, throughout the duration of the Agreement, and, in any event, before Operator begins operations in the Market footprint, as shown in the Farmers’ Market Vendor Booth & Barricade Plan (“Attachment A” to City’s RFQ), Operator will maintain, at its own expense, the insurance requirements as set forth in this section, and submit verification of coverage for review and approval by the City by means of a Certificate of Insurance. Operator will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement and the results of that performance by Operator and/or by Operator's employees, agents, subcontractors, or vendors. In the event Operator subcontracts any of the work provided herein, Operator shall not allow any subcontractors to commence work on their subcontracts until all similar insurance required of such persons has been obtained and verified. Such insurance shall remain in full force and effect at all times during the term of this Agreement.
The City will be issued a Certificate of Insurance with the following minimum requirements:
Certificate(s) will show current policy number(s) and effective dates; coverage and policy limits will meet, or exceed, the requirements set forth below; the Certificate Holder will be the City of Campbell, 70 N. First Street, Campbell, California 95008; Certificate(s) will be signed by an authorized representative; and an endorsement will be provided to show the City, its councilmembers, officials, officers, directors, employees, representatives, volunteers, and agents as additional insureds.
12.1 Minimum Scope and Limit of Insurance
12.1.1 Commercial General Liability (CGL): coverage at least as broad as ISO Form CG 00 01 covering CGL on an "occurrence" basis, including, but not limited to, products and completed operations, contractual liability, broad form property damage, including damage to the Market footprint (“Attachment A” to the City’s RFQ), injury to or destruction of City's property, death, bodily injury and personal and advertising injury, coverage for explosion, collapse and underground damages, and limited pollution liability endorsement, with limits no less than $2,000,000 per occurrence, $2,000,000 personal injury liability, and $2,000,000 aggregate for products-completed operations. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
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12.1.2 Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease, $1,000,000 disease - policy limit, $1,000,000 disease - each employee. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City (and its councilmembers, officials, officers, directors, employees, representatives, volunteers, and agents). The insurers shall agree to waive all rights of subrogation against the City and its councilmembers, officials, officers, directors, employees, representatives, volunteers, and agents arising from Operator's access and/or use of the Market footprint (“Attachment A” to the City’s RFQ).
12.1.3 Automobile Liability: coverage at least as broad as ISO Form Number CA 00 01 covering any auto (Code 1), with limit no less than $2,000,000 combined single limit each occurrence/per accident for bodily injury and property damage.
12.1.4 "All Risk" Property Insurance against loss or damage to the Market footprint (“Attachment A” to the City’s RFQ) (and improvements thereon) resulting from fire, windstorm, hail, lightning, vandalism, malicious mischief, and such other perils ordinarily included in extended coverage casualty insurance policies. Such insurance shall be maintained in an amount not less than one hundred percent (100%) of the full replacement value of the Market footprint and improvements.
13. NOTICES
Any notice required or authorized to be given under this Agreement shall be duly and properly given to City or Operator in writing to the addresses set forth below, or such other address as either party may from time to time designate, in writing, to the other.
THE CITY: Brian Loventhal
City Manager
City of Campbell
City Manager’s Office
70 N. First Street
Campbell, CA 95008
THE OPERATOR: __________________
__________________
__________________
__________________
__________________
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.
14. ENTIRE AGREEMENT
This Agreement, along with any Exhibits, embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into by the City or Operator other than those contained herein. This Agreement supersedes any previous written or oral agreements between the parties with respect to the matters addressed herein.
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15. WARRANTY OF AUTHORITY
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.
Having read and understood the foregoing Agreement, the undersigned parties hereby agree to be bound hereby:
CITY OF CAMPBELL
By: _________________________________________ Date: _________ Brian Loventhal
Title: City Manager
OPERATOR
By: _________________________________________ Date: _________
Title: ________________________________________
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Attachment: Farmers' Market Agreement 2024 (Approval of Farmers' Market Agreement)
Urban Village Farmers’ Market Association
Qualifications Submission For:
Operator of the Farmers’ Market in Downtown Campbell
• ATT: Leslie Parks, Community Development Department • EMAIL: [email protected]
• DUE: 5 PM, April 1, 2024
Ron Pardini
Executive Director
C: (510) 381-7100
E: [email protected]
Bianca Pardini
Communications Director
C: (510) 552-9199
E: [email protected]
Andrea Boca
Operations Director
C: (510) 457-5244
E: [email protected]
Josh Assink
Manager of Ops and
Incentive Programs
C: (831) 706-8966
E: [email protected]
Dina Izzo
Market Manager
C: (831) 234-0259
E: [email protected]
Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
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TABLE OF CONTENTS
I. UVFM BACKGROUND: Relevant Experience and COMPS (See Appendix B) II. HISTORY OF UVFM’S DOWNTOWN CAMPBELL FARMERS MARKET: 1998 - Present.
III. OPERATIONAL SCOPE OF SERVICES
1. UVFM’S ECONOMIC DEVELOPMENT IMPACT
2. OPERATIONS PLAN
a) Duties of the Operator
b) Use Requirements
c) Live animals
d) Staffing
e) Parking
f) ADA Compliance
g) Vendors & Goods
h) Operational Procedures
3. BUSINESS PLAN
a) Marketing
b) Budget
c) Attendance
d) Sponsors / Partnerships
e) References
f) UVFM Board Of Trustees
4. CONFLICT OF INTEREST STATEMENT
IV) QUALIFICATIONS
a) Relevant Experience
b) Business License
c) Fee Schedule
ATTACHMENT - A Booth & Barricade Plan. (“Attachment A” to City’s RFQ.) ATTACHMENT - B UVFM & City Trash Receptacle Map
ATTACHMENT - C Letters of Support
ATTACHMENT - D City of Campbell Farmers’ Market Agreement Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement) I. UVFM BACKGROUND:
Urban Village Farmers’ Market Association (UVFM) is a Non-Profit Mutual Benefit Corporation formed in March 1997 that operates 10 Certified Farmers’ Markets (CFMs) throughout the greater Bay Area. Steadily growing 10 successful markets across Santa Clara, San Mateo, and Alameda Counties, UVFM prioritizes evolving operations of its quality downtown markets over starting new markets, or poaching existing markets. UVFM operates 2 neighborhood pocket markets as strategic testing grounds for new start-ups to get their "feet wet" before entering our larger venues, ensuring that we always have well vetted vendors available to feed into our downtown operations.
Urban Village holds a stellar reputation with vendors as being one of the best associations to work with. This is a huge draw for vendor (and customer) loyalty and thus leads to market stability and growth. We strive to achieve the delicate balancing act of meeting the needs of a variety of stakeholders, from State and County regulatory bodies, the City and its local merchants, to our hundreds of small farmers and vendors, and of course the thousands of shopping residents and visitors. Satisfying, the sometimes opposing mandates and the perspectives of each group, for a copacetic and successful weekly event.
II. HISTORY OF UVFM’S DOWNTOWN CAMPBELL FARMERS MARKET: 1998 - Present.
In 1996, the City of Campbell attempted to establish a downtown farmers’ market with a different operator but it did not succeed.
In 1998, Kirk Heinrichs and Geoff Bradley, then with the City of Campbell’s Redevelopment Department, reached out to Ron Pardini, founder and Executive Director of UVFM. Following much discussion and planning, UVFM received unanimous approval from the City Council on March 17, 1998, to operate a seasonal farmers' market (May-Sept) in downtown Campbell with sponsorship by the City. The objective was to resurrect the struggling Farmers’ Market, promote Downtown Campbell, support local merchants, revitalize the quiet downtown area, and provide a vibrant and attractive community venue for residents and visitors, enhancing Campbell neighborhoods' appeal to home buyers.
In 2000, UVFM was approved to operate year-round and was granted another full block for 30 additional vendors. Since then, the Campbell Farmers' Market has reliably remained open, rain or shine, for 50 out of 52 weeks, closing only for Boogie and Oktoberfest. This expansion marked the beginning of UVFM’s Campbell Farmers’ Market 19 year streak as the "Best of Silicon Valley," voted by the readership of the San Jose Mercury News.
In 2011, the market attracted such significant crowds, it prompted a reconfiguration from the center aisle to the sidewalk edges for better customer flow and an "at capacity" size of 100+ total vendors, and safer emergency vehicle access into the street. Within the market's four- hour period, it began to attract anywhere from 4,000 to 6,000 shoppers into Campbell’s downtown, benefiting local merchants.
In February 2015, UVFM obtained a permit from the USDA's Supplemental Nutrition Assistance Program (SNAP) to provide Electronic Benefit Transactions (EBT and Market Match) at the Campbell Farmers' Market. Eventually WIC, Veggie Rx and Beet Bucks were also introduced. These programs support the diversity of South Bay residents, from students, the disabled, to retirees, by providing funds for their groceries.
In March 2020, Farmers’ markets were recognized by the State as essential services, offering one of the safest ways to purchase groceries.
At the onset of the pandemic, UVFM adapted quickly to CDC guidelines, implementing robust safety measures across all its market operations, including an online shopping App, facilitating touch-less curbside pickup. However, the Campbell Farmers' Market faced an unprecedented, nine-month, forced shutdown, causing setbacks for UVFM, its members, and customers. Finally with the help of allies at the Chamber of Commerce we were granted a temporary venue, the Community Center parking lot, to operate the market with a portion of our surviving vendors for another 11 months.
Thankfully, UVFM was eagerly invited back to downtown Campbell in November 2021, but to a smaller footprint, reducing vendor capacity to approximately 85. Despite almost 2 years of economic losses and sentiments of dismay with the City’s 2020 handling of the situation, UVFM forged ahead, investing heavily in rebuilding lost momentum through promotional efforts and our extensive loyal vendor and customer reach.
As of 2023, the Downtown Campbell Farmers Market has hit its stride again, regaining its vibrancy and viability. Over 26 years, Downtown Campbell has weathered and flourished alongside its partner CFM Operator, Urban Village. Consistency and perseverance are the hallmarks of what built this Market into a cultural identity for Campbell. It is not simply an event, it is a cherished ritual for locals and a destination for tourists.
Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement) III. OPERATIONAL SCOPE OF SERVICES
1. UVFM’s ECONOMICAL IMPACT ON CAMPBELL
UVFM has established and grown the downtown Campbell Farmers’ Market into a vibrant hub, drawing thousands of residents and visitors from both near and far, thus keeping Californian dollars circulating within Campbell. Beyond enhancing our advertising efforts, as outlined in the Marketing section of this proposal, UVFM's operation of the Campbell Farmers’ Market stimulates the local economy in less observable but equally vital ways:
Increasing collaborative cross promotional opportunities with neighboring merchants is high on our list of upcoming projects in order to help Campbell businesses better benefit from the crowds our market generates. The farmer’s market draws an estimate of 150,000 to 200,000 annual visits of foot traffic into the downtown shopping area. A CDFA study demonstrated the cost and benefit analysis of every dollar spent in a farmers market resulted in a spin-off rate of $3 spent in the surrounding vicinity for goods and services (which also generates local sales tax for the City.) This is because the farmers’ market anchors people in the area for the day, rather than venturing out elsewhere.
Activities such as stopping for gas on the way to the market, popping into the bike shop or pet store, grabbing coffee or brunch at one of the nearby restaurants, visiting the bookshop (etc.) With an approximate $100 spent per household, per weekend at the farmers market, it can be estimated that an annual spin-off of $35million is being kept locally and circulating into Campbell businesses.
Grant Funded Programs: UVFM is one of the largest Farmers’ Market distributors of SNAP assistance in California (EBT and Market Match). Our unique partnerships with 3 additional local grant organizations greatly extend the reach of consumer spending. Through our Information Booth, we offer 5 different programs providing "Market Money" valued on average at $2,000 per market day, in Campbell alone, of supplemental funds for groceries to visitors on tighter incomes. These programs not only promote health and accessibility to the recipients and directly support local farmers, they also boost consumer’s weekly cash flow which stimulates spending at local businesses throughout the week. On average 100 Campbell customers per day will receive, from the UVFM information booth, an average of $20 of “market money assistance” each to purchase their groceries. This results in an average of $2,000/week or $100,000/year of total budget savings to Campbell residents, thus freed to spend on other essential household goods and services in town.
Home and Commercial Values: The impact of our Farmers' Market extends beyond downtown Campbell, influencing home and commercial values. Merchants benefit from increased foot traffic, while realtors leverage the market's award-winning status to attract new residents and businesses.
Local Jobs: The Farmers Market creates employment opportunities for a diverse range of residents, including students, caregivers, the disabled, and retirees. UVFM itself employs four Campbell residents, and many vendors hire locally for sales positions. As downtown businesses thrive, merchants expand their staffing to accommodate the influx of customers generated by the Sunday Farmers Market.
Entrepreneurial Incubator: UVFM carefully vets and curates its vendor roster, serving as a launchpad for quality startup businesses. This fosters innovation and economic growth within the community, with several highly successful brands emerging from UVFM farmers markets.
Reliability & Reputation: UVFM's unwavering reliability, rain or shine, and its consistent quality of local vendors have earned it a trusted reputation. The market serves as a vital community "safe space," promoting belonging and community cohesion—a crucial aspect for mental and physical well-being.
In essence, UVFM's impact extends beyond mere economic transactions, encompassing social cohesion, community health, and entrepreneurial growth, thus enriching the fabric of Campbell's society and economy.
Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement)
2. OPERATIONS PLAN
a) DUTIES OF THE OPERATOR
As seasoned operators of the Campbell Downtown Farmers’ Market, UVFM will continue to manage, and improve upon, its daily operations, quality control, and enforcement of rules. UVFM will faithfully organize and manage all aspects of the Market to ensure a safe and successful weekly event for all stakeholders, including farmer and vendor recruitment, site and services planning, compliance with all applicable payments, permits, laws and rules, market operations, performance evaluation, identifying improvables, and implementing changes that allow the Market to grow.
• See section (h.) OPERATIONAL PROCEDURES
• ATTACHMENT (D) Signed City of Campbell Farmers’ Market Agreement b) USE REQUIREMENTS
UVFM handles all inspections, permitting, and fee remittances, and is committed to ensuring compliance with all specific use requirements of the Market set forth by local and state regulatory agencies. Farmers and vendors will be required to possess valid permits or certificates related to their activities before participating at the Market. Weekly monitoring will take place to ensure all vendors, and the Market, remain compliant. Staff undergo Market Manager Certification training and periodic meetings with regulators to remain up to date on rules and laws. We will continue to foster our existing relationships with local and state regulators to ensure safe and reliable access to food for shoppers.
Agriculture: UVFM will maintain a current Certified Farmers Market Certificate from the Santa Clara County Agricultural Commissioner's office. Any farmer approved for the market will be required to possess a Certified Producer's Certificate (CPC) from their county of production, to demonstrate they grow the products in the state of CA they wish to offer for sale, before being admitted. They will be required to maintain their CPC in good standing along with any other relevant permits, certifications or registrations pertinent to type of agricultural commodity or production method (i.e. organic). Regular agricultural inspections will be reviewed and corrective actions taken immediately. Any Notice of Quarantine for areas including the location of the Market or production sites of participating growers will be acted upon quickly to ensure compliance and work in the best interests of the agricultural community.
Health: UVFM will maintain a current Certified Farmers Market Coordinator Permit from the Santa Clara County Department of Environmental Health (DEH). Any food vendors approved for the Market will be required to demonstrate they produce their products in an approved facility. They will be vetted to ensure compliance with all applicable health department rules before UVFM submits an application for a Temporary Food Facility (TFF) permit from SCC DEH for them to participate at the Market. Once issued, UVFM will ensure that all vendors continue to possess valid permits. Regular inspections of the Market by DEH will be reviewed and any corrective action taken immediately. TFF activities will be monitored each week by Market staff to ensure compliance and disciplinary action will be taken against vendors violating rules. Food safety is a high priority not just for regulatory compliance but for customer well being.
Fire & Police: Vendor layout and market organization will comply with all applicable Cal Code and Santa Clara County Fire regulations.
Inspection reports from the Santa Clara County Fire Department will be reviewed and any corrective action taken immediately. Fire lanes will be constantly monitored to remain free from obstructions. Any vendors utilizing open flame will be monitored and required to comply with applicable fire regulations every week. Any efforts towards the physical safety of persons at the Market take precedence above other considerations. UVFM is well versed in obtaining all necessary permits from Fire and Police agencies to operate the market. This process includes submission of plans outlining market set-up, traffic controls, and other measures necessary to ensure the safe and compliant operation of the market.
City Business License: UVFM currently holds the requisite business license issued by the City Finance Department to operate the Market in the City of Campbell thru Dec 31, 2024. Once our contract is renewed, UVFM will take appropriate steps to renew it for next year.
Insurance: Urban Village maintains Automobile, Workers Comp, and $2 million Commercial General Liability and Personal Injury insurance policies. Urban Village will list the City of Campbell as additional insured on said policy. Additionally, UVFM requires that each vendor maintains their own $1 million policies.
Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement) c) LIVE ANIMALS
UVFM is dedicated to upholding regulations concerning food and animals established by the Department of Health and continuously seeks innovative approaches to ensure public compliance. To enhance our efforts, UVFM will expand the quantity of its “No Pet” signs in Campbell from 2 per block to 3 per block (9 total) and recently hired a Campbell resident as “Maintenance Ambassador” to specifically patrol for dogs within the market footprint, providing a more concentrated focus on the matter to assist our busy managers.
As standard practice at all UVFM markets, our team sets up numerous "No Pet" signs in compliance with the County of Santa Clara Department of Environmental Health (DEH). Our signs are mounted on industrial-strength A-frames at each entrance, intersection, and throughout the market footprint. These signs are double-sided, weatherproof, and utilize large print with clear visual graphics to quickly communicate the prohibition of all pets, including emotional support pets, within the farmers’ market boundaries. Each sign also clearly states the exception made for Working Service Animals as defined by the Americans with Disabilities Act. The signs feature both the universal Handicap symbol, a brief statement derived from the penal code, and state that misrepresenting a service animal is unlawful.
For efficiency, there is no explicit mention of police K9 exemptions, however it is implied as they are identifiably trained working service animals.
Staff encountering visitors walking with their pets, including dogs, cats, birds, and even lizards, on the inside lane of the farmers' market will be consistently instructed to walk their pets on the sidewalk. There are many instances where residents will ignore or contest our requests, often asserting perceived rights, and will make claim that their unvested animal is “a service animal trained to perform tasks related to a disability”. In a final attempt, UVFM staff is trained to de-escalate using non-violent communication techniques, and will request of such individuals that, “although not legally obligated to do so, it would greatly assist the Market if they would vest their service animal for easier identification”. While we prioritize adherence to county Health laws, it's imperative to respect the supremacy of ADA laws protected by the Department of Justice. Pursuing enforcement measures beyond the scope of ADA regulations would be deemed illegal and contrary to our commitment to lawful operations.
Historically, UVFM collaborated with local pet shops to set up a designated “Doggy-Daycare” pen at our markets, which helped with this pervasive and universal problem faced by all event organizers. However, post Covid it has become harder to find pet shops willing to provide this service due to liabilities.
Meanwhile the public has generally adopted a more resistant and polarized stance on these types of regulations on “individual freedoms” especially in outdoor spaces. We look forward to the challenge of finding new creative ways to tackle this issue.
SERVICE ANIMALS ARE:
• Any breed and any size of Dog
• Trained to perform a task directly related to a person’s disability • NOT Required to be certified or go through a professional training program (making fakes difficult to identify and enforce)
• NOT Required to wear a vest or other ID that indicates they’re a service dog (making fakes difficult to identify and enforce)
• NOT Emotional support or comfort dogs, because providing emotional support or comfort is not a task related to a person’s disability Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement) d) STAFFING
Urban Village teams are like family. We hire smart, personable, go-getters that are passionate about building equity in food, health, and the environment. We invest in our staff (and vendors) and it shows through our retention rates. The majority of our employees stay on with UVFM for a minimum of 4 years and many are approaching 10 years! Some of our management teams are led by community members, some of whom work M-F in the fields of law, graphic design, accounting, vet clinics, and tech startups, from grad school, mid- career, to retirees.
Hiring & Training: 2023 marked a big hiring investment for UVFM, adding 8 new staff into our ranks. All of UVFM new hires are currently undergoing comprehensive training through the official Market Manager Certification Program, facilitated in collaboration with our partners at the California Alliance of Farmers’ Markets. At the senior level, UVFM also restructured in 2023 to bring on a new Director of Operations, and a Director of Communications and Marketing. These new roles illustrate UVFM’s commitment to fresh energy and advancements in UVFM systems, procedures, marketing and outreach that are all coming down the pipeline.
The Campbell Market Team: Historically, the Campbell Farmers’ Market has been staffed with an experienced Lead Manager, Assistant Manager, and an Info Booth/Benefits Clerk. UVFM has recently hired a 4th employee as Market Maintenance Ambassador, dedicated to patrolling for dogs in the market, managing trash detail, and help monitor traffic barricades throughout the day, bringing the Campbell crew up to 4 onsite staff at all times. Additionally, senior management will continuously make visits to check in on the Campbell market.
UVFM has a backup list of on-call staff in case an employee calls out sick. Staff members wear UVFM aprons, hats and name lanyards.
Staff Protocol: Our friendly management teams wear many hats throughout the day. At any given market they are orchestrating all aspects of event management from street closure, setup, traffic control, to packing up, sweeping, and trash removal, and everything in between. Checking in with vendors, monitoring proper compliance and permits; Distributing and redeeming all nutrition assistance programs and collecting stall fees; Monitoring and enforcing market rules throughout the day and assisting the public in any way that may come up, in a professional and friendly way.
Breaks: UVFM requires that its staff take and stagger breaks in order to meet CA labor laws mandating a 30 minute meal break and two 10 min rest periods. Oftentimes, vendors who operate their booths alone may also seek the assistance of UVFM staff to momentarily cover their booths for a needed restroom break.
De-escalation and non-violent communication skills are part of the extensive training given to Urban Village market managers. Most public disturbances are easily resolved using these communication techniques in combination with clear and appropriate signage. On the rare occasion that a safety disturbance, medical emergency, or theft occurs, managers have had to call in support from their local city’s Security Ambassadors, Fire, EMT or Police department – thankfully this is far and few between.
Inclement weather: UVFM almost never closes a market due to inclement weather. If deemed safe, our market managers will hold the event open, albeit a smaller footprint, for the farmers and vendors that wish to make the trip and sell on a rainy day, with all appropriate measures taken to add extra weights and sandbags to tents. Decades of this kind of dependability is why Campbell’s loyal vendors and customers come out to shop no matter the weather, without hesitation. Should an extreme situation develop, such as a critically bad air quality index, a natural disaster, or other unsafe condition, the market manager, with support form senior supervisors, will communicate with vendors via email, text message, or in person to make the call to cancel or close early. Vendors typically have direct cell phone numbers with our office team and their market management team.
Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement) e) PARKING
• UVFM vehicle parking: The City has provided parking space for one (1) UVFM vehicle for long-term and overnight parking related to operating the Market. The parking location was designated by the Public Works Director or Chief of Police. • Vendor parking: Vendor vehicles delivering goods to the market will be managed on and off site. Vendors with vehicles that remain in Campbell for the duration of the day are directed first to fill the lots adjacent to 166 Campbell Ave and 260 Campbell Ave which are not accessible to the public once road barriers are deployed. The few vendor vehicles remaining will be parked in appropriate public parking spaces on surrounding streets and garages.
• Illegally parked vehicles: Despite No-Parking City Signage all along Campbell Avenue, it is common for UVFM staff to find a resident vehicle left overnight in the footprint of the market. We like to keep in mind that the person who left their car probably drank too much Saturday night and did the SAFE thing to taxi home - keeping this perspective helps us hold empathy for the situation even while it creates a headache for us. Market managers have recently been instructed to call the Campbell Police Department's Communication Division when this occurs. UVFM’s preferred sequence of events are:
1. For the officer to run the plates in a good faith attempt for a win-win resolution by 8 AM
2. If a resolution is not attainable and the car is in a spot we can work around: the officer would issue a fine to the car, but spare them from towing. UVFM has a standard flier we leave on the windshield explaining that they are prohibited from moving their car through the market until after 1pm.
3. If a resolution is not attainable and the car is in a spot we can NOT safely or easily work around without causing an obstruction to fire lanes, or strategic walkway gaps to merchants: we will ask the officer to tow the vehicle. f) ADA COMPLIANCE
• UVFM is committed to creating a safe and easy to navigate environment for all our guests, including persons with disabilities. All our vendors are set up on street level, eliminating accessibility impediments due to steps. • Vendor tent placement is prohibited from blocking sidewalk cutouts and crosswalks in order to maintain clear pathways for persons with vision or mobility impairments.
• Persons with an animal specifically trained to aid them with a disability are welcome into the market, as long as the working animal is not disruptive.
g) VENDORS & GOODS
Retaining farmers and food purveyors is a function of proper product mix, quality selections, and a strong marketing plan that maintains consistently high customer traffic. Commodity control avoids monopolies and gluts, fostering ample competition among producers and shopping opportunities for the consumer. Featuring only quality crops and food products ensures customer satisfaction and return business. UVFM has over 400 active members, and we receive dozens of new candidate applicants daily via our online applications, which can be found on our website www.uvfm.org
Of total vendors assigned to Campbell, around 85% may attend year-round and 15% will have some seasonal absences, such as cherries or ice cream; Offering locally produced food items is a strict requirement, and no reselling is ever allowed and closely inspected.
UVFM reserves the right to un-invite any member that is suspected of reselling or does not meet the bylaws or standards of being included in a Certified Farmers’ Market.
Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement) The certified agricultural section is comprised of approximately 50% of the market footprint, with 40% being dedicated to locally crafted foods, and 10% arts, crafts and community space. There is always wiggle room intentionally left to adjust as seasons and trends fluctuate. Within the certified section, we aim to strike a healthy balance of Certified Organic offerings, and uncertified - but well vetted for quality and clean growing practices. This is to offer a price point range for all consumers to choose from, as well as to bring in a bigger diversity of fruit and vegetable varieties.
We curate acceptance into a market based on achieving a balance of commodities, including but not limited to:
• vegetables, fruits, nuts, shell eggs, mushrooms, grains, cut flowers, nursery stock, juices, grains, beans, value added jams, eggs, dairy, meat, poultry, fish, and shellfish in the Certified Agriculture section. • In the Non-Ag section, baked goods, dips, salsa, ethnic foods, coffee beans, tea, juices/kefirs, pickles/ferments, kettle corn, spices, chocolate, granola, gluten free items, charcuterie, olive oil/vinegars, tofu, salad dressings, spices, baby food, and prepared foods intended for immediate consumption are present and vital to creating a well rounded grocery shopping experience. • Hot-food vendors create an important draw into a farmers’ market and are carefully selected so as to not directly compete with the brick-and-mortar restaurants.
• We currently have a list of 80+ musicians and entertainers, including balloon artists, and 100+ artist members on our call sheets. We are diligent in selecting musicians that create a joyful ambiance in volume and content. All our local artist members make one of a kind hand crafted goods. Reselling of manufactured items is strictly prohibited. h) OPERATIONAL PROCEDURES
UVFM operates the Campbell Farmers’ Market each Sunday, year-round, from 9:00 AM to 1:00 PM, with the exception of the third Sundays of May and October, which are reserved for the Boogie Festival and Oktoberfest, respectively.
Equipment and Booths:
Onsite operations will be based from a UVFM utility van and storage room housed in the 2nd St parking garage. All equipment necessary for operating the Market including barricades, signage, tables, chairs, waste receptacles, info booth materials, etc. will be stored within and accessible by multiple UVFM staff members. Day-of-market duties will be performed by a newly increased team of 4.
Staggered staff arrivals will commence at 6 am to assess the site for any issues that need to be resolved before the market opens, such as abandoned cars, broken glass, trash and vomit, or issues pertaining to a vendor such as a stalled truck or injury.
Supervision of vendor set-up will ensue in an ongoing and systematic fashion until 9am, with special attention given to our contract’s “good neighbor clause” such as keeping designated gaps between booths open (The Courtyard, sidewalks, crosswalks, 276 Campbell Ave), not allowing visual obstructions from vendor banners on the back side of booths, and keeping the sidewalks free and clear of vendor belongings.
The UVFM van and information booth will be set up on the corner of 1st street and Campbell Ave. A minimum of 3 tables with seating (increased in Summer months) will be set up under shelter, adjacent to the “food court area” and waste receptacles and signage will be staged in position for deployment at 9 am after all vehicles are no longer moving through the street. 6-9 double sided No-Pet signs will be set up for the duration of the Market near major intersections and entrances.
Traffic Control Plan:
All street closures and openings are conducted in sequential order according to the Farmers’ Market Booth and Barricade Plan (created by UVFM in collaboration with the City), and with all approved Type 1 and single rail Metro-A-Cade traffic barricades and traffic signage indicating Road Closed and No Left Turn. From 6:30 AM to 3 PM, E. Campbell Avenue, from 3rd Street to Central Ave, is strictly closed to all public vehicles. Vendor vehicles are permitted entrance for offloading but prohibited from driving in the market between 9 am - 1 pm. On the rare occasion that a vendor arrives late, UVFM staff will meet the vendor on the perimeter of the market and assist in carrying their belongings in a hand cart. (ATTACHMENT A) Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement) UVFM vendors start arriving at 6:00 AM, and begin packing up their stalls at 1 PM, at which point vendor vehicles are permitted to carefully enter through the barricades onto Campbell Avenue to load up and vacate by 2:45 PM. Management enforces UVFM rules for vendor load-in and load-out that prioritizes safety and efficiency. At the end of the day, per our Rules and Regulations, vendors must pack their booth equipment and remaining goods, to the best of their ability, before entering with their vehicle to load up. Some strategic exceptions are made in order to position certain vehicles to expedite their passage to vacate, thus opening up the road for others behind them. UVFM staff will remove all signage and waste receptacles from the street center and help usher pedestrians onto the sidewalks in order to clear a path for a synchronized vendor truck queue, monitoring that traffic barricades remain closed to non-vendor drivers.
Simultaneously, staff will begin pulling trash, assist vendors as needed, and reconcile all market and SNAP benefit transactions for the day and close down the Information booth. By 3 PM the management team will ensure that streets are fully re-opened to traffic in proper sequential order and sidewalks and streets are cleaned of litter and debris.
Vendor drop-off:
For efficiency and logistical reasons, some vendors opt to use a coordinated “drop-off” system among several market locations. Their delivery truck drops off a load in Campbell, then continues on to another smaller market that they participate in where parking is more available. This system helps stagger truck arrivals and departures on Campbell Avenue, and simultaneously relieves pressure on customer parking availability throughout the day in busier downtowns like Campbell. Consequently, these same vendors must then wait for their delivery vehicles to return to Campbell after packing up their secondary market location, which also closes at 1pm. Occasionally, some “drop-off” vendors are unable to vacate the street on time due to unforeseen mechanical problems or timing with the return of their delivery vehicle. In these instances the UVFM team will ensure the vendor booth equipment is neatly packed up and positioned tightly and safely inside the foot print of a street parking space, leaving sidewalks clear, so that UVFM staff can safely execute the scheduled opening of the street to city traffic no later than 3 PM. While this procedure represents the standard protocol across most downtown locations, UVFM remains flexible and receptive to coordinating alternative arrangements should they arise.
Market Waste:
• UVFM recently added to its operations 4 dual source-separating recycling and organic waste receptacles addition to a total of 16 landfill trash receptacles, of which 11 will be placed adjacent to each city can location on the sidewalks, plus an additional 5 in areas of heavier use, such as the food court. A newly hired “Maintenance Ambassador" will be responsible for regularly monitoring and emptying full UVFM trash receptacles and removing 1/3 excess trash from City trash receptacles during the market hours and in the final clean up detail. (ATTACHMENT B)
• UVFM requires all vendors to comply with Campbell Municipal Code Chapters 6.19 and 6.30 concerning prohibitions on styrofoam and restrictions on single use food ware and accessories. Vendors must provide information on how they intend to package/serve their food when applying to the market. Those choices are scrutinized not just to ensure compliance with local laws and regulations but a less waste approach is preferred and promoted to applicants. Any vendor found in violation of these rules will be fined to ensure future compliance.
• In accordance with UVFMs Rules & Regulations, vendors are obligated to sweep the surrounding area of their footprint to ensure that the market area is fully returned to its existing state, sometimes better than it was found, (there is often copious amounts of vomit and trash on the street from Saturday night which UVFM vendors and staff regularly sweep up upon arrival Sunday morning, as best they can.) • Vendors are also prohibited from using city cans for waste generated by their business. Vendors are instructed to haul their own trash with them. Infractions on these rules result in fines and/or penalties per UVFM rules and market staff will clean and remove any waste that remains. Market management is ultimately responsible for leaving the site in a satisfactory state.
Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement) • UVFM contracts a 3 cubic feet dumpster with West Valley Collection & Recycling, stored in the Public Works parking lot. The landfill bin is collected on Mondays. We are currently allowed to share the two recycle/organics bins with the City, which is collected on Fridays. • By reaching an agreement with the City to schedule merchant / city trash pickup along Campbell Avenue before the start of the market, it is our understanding that we successfully addressed a previous issue UVFM encountered of overflowing city cans upon arrival on Sunday mornings due to heightened merchant activities on Saturday nights. Additionally, we understand that city cans are also emptied on Monday mornings.
Information Booth:
The Market info booth is open during market business hours from 9am-1pm to offer assistance to the public and manage distribution of market money benefits. All aspects of the event are continuously monitored by staff throughout the day to ensure compliance with any applicable laws and rules in addition to terms of the Agreement. If the EBT Clerk is momentarily by themselves at the booth, they will call a manager for backup or to relay any issues that come up. Any issues that cannot be resolved on-site are referred to senior management for follow up or disciplinary action.
Restroom Facilities:
UVFM has always offered compensation for extra janitorial services to key businesses in exchange for opening their restrooms to vendors and the influx of customers. Upon our return to downtown in late 2021, UVFM reached out to Starbucks, Orchard Valley Coffee, and Stacks, renewing the offer. UVFM would like to arrange for a portable toilet unit with hand washing station in order to relieve pressure off of merchant restrooms and ensure that vendors have access to facilities as early as 6AM. Site placement would need to be determined in collaboration with City approval.
3. BUSINESS PLAN
a) MARKETING:
A marketing/promotions plan for the Market that targets not only Campbell residents but those from surrounding cities in order to ensure a strong customer base that will sustain and increase attendance at the Market over time; While UVFM’s marketing strategies historically relied on print, radio, and word of mouth —strategies that continue to yield great success — UVFM remains committed to evolving with the times. To this end, we have recently appointed a Director of Communications tasked with rebranding, enhancing our online presence, and fostering collaborations and coordinated event planning initiatives aimed at integrating merchants and residents more closely into our operations. Some of the resources we utilize for keeping markets fresh, relevant and attracting the attention of thousands of our followers:
Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
11 Image B - City Kiosk featuring
UVFM market
Image A - Light pole
banner featuring UVFM
Market
Image C - Ad placed on Chambers
Website & in print publications
Image D - Shopping Bag with 10
merchants ads on the back and sides
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement) • Local Artists: In line with our ethos, UVFM has always hired local artists to rework our ads. In 2023 UVFM hired an Oakland artist to design a fresh look for new merchandise and city banner projects for several of our markets, including Campbell. Some of these projects have already started to circulate in various incarnations, some as projects we control entirely, and some in collaboration with partners, or the City’s who sponsor our farmers’ markets. • Sponsoring Cities: UVFM is typically resourced with generous in-kind services and opportunities provided by our City hosts, some examples are the 10 beautiful vertical banners hung on street light poles in downtown San Carlos (Image A) or the downtown sidewalk kiosks in Willow Glen (Image B). Additionally the Farmers’ Market is often automatically included in City newsletters and publications. Should the City of Campbell offer similar in-kind advertising opportunities, UVFM is prepared and enthusiastic. • Campbell Chamber of Commerce website: listing upgrades and banner ad opportunities access thousands of people who use their website to find local businesses. The newest ad, along with its matching banner ad, will appear after April 1st (Image C) • Shopping Bags: For the 2023 winter holidays, UVFM gave away 5,000 brand new Campbell Farmers’ Market shopping bags for free at our Information Booth. The bags are a walking advertisement of the Campbell Farmers' Market on the front, and feature 10 local Campbell businesses on the reverse side and side panels. The bags were a hit and another 5,000 bags are already in production and slated to be distributed free to visitors in late Spring. (Image D) • Print and Online ads: UVFM placed ads in every quarterly issue of Edible Silicon Valley until the 2020 pandemic forced them to discontinue printing. UVFM is also often featured in the San Jose Mercury News, which is seen mostly by residents in Santa Clara and San Mateo Counties. For the Mercury News special section, the Sunday readership is 281,700 and the Daily readership (i.e.
Thursday paper) is 198,600. They also have 46,900 Monthly users of their E-Edition. Online banner ads will serve 75,000 impressions. We have consistently been voted "Best in Silicon Valley" for 19 consecutive years by San Jose Mercury News readers!
• People love us on Yelp! With 502 reviews and a 4.5 star average rating, we have the most rated and highest rated farmers' market in the area. We advertise monthly with Yelp to keep our market at the top of the page when customers are searching for nearby markets, to help drive awareness and foot traffic from the entire region. • Social Media: In the past, all UVFM markets were nestled under the one brand of @UrbanVillage, but as of 2024 we have been undergoing the process of developing individual social media pages for each market place. We continue to grow a strong social media presence with the ability to not only reach Campbell residents but a wide audience in surrounding areas. With an overall following on both the Urban Village and Campbell accounts: 5,600 on Facebook and 4,400 on Instagram (@UrbanVillage and @CampbellFarmersMarket), we are able to leverage this following through targeted advertising efforts to further extend the market's reach and attract more customers.
• Direct Mail Campaigns were sent to over 10,000 Campbell and neighboring mailboxes announcing our return to downtown post- pandemic, and continue to grow an extensive mailing list to local residents across the entire South Bay and Peninsula. (Image E)
Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
12 (Image E - Campbell Direct Mailer, front and back)
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement) MARKETING / VISITOR ENGAGEMENT:
• Basket Giveaways: UVFM promotes periodical raffles and contests for guests to win a copious “Farmers’ Market Basket” has been a long-standing tradition at Urban Village markets. It is an excellent way to promote a sampling of our vendors’ products, and a fun community engagement tool.
• Events: In markets where the footprint allows for it, UVFM has organized events such as a small Petting Zoos, Halloween Costume and Booth decorating contests, mini Pumpkin giveaways, Mr & Mrs Claus visit the Market.
• Celebrity Chef Book Signing: Another UVFM favorite event that engages with the public, as well as local bookstores, are Cook Book Author signings at the market.
Some notable guest Authors :
• Tanya Holland, Temescal Farmers' Market
• Bryant Terry, Old Oakland Farmers' Market
• Anya Fernald, Temescal Farmers' Market
• Leslie Jonath, California Ave in Palo Alto Farmers' Market
Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement)
MARKETING / COMMUNITY OUTREACH
UVFM markets have a designated Free Speech / Community section. Over time UVFM finds non-profit groups who are active and relevant to the local community to partner with for special events and outreach efforts that promote wellness, education, cultural inclusion, and environmental sustainability.
Most UVFM market locations partner with “Food Waste Reduction” groups like Food Not Bombs and Magic. As just one example, in 2023, The Charity group MAGIC collected from UVFMs California Avenue Palo Alto Farmers’ Market 41,021 lb. of donated produce and other food items which was directly distributed to local charities throughout Santa Clara County.
Some Recent Community Guests at UVFM Markets:
Campbell Farmers Market:
Westmont Theatre Arts Booster
Campbell Community Emergency Response Team (CERT)
Campbell Historical Museum
Campbell Library
West Valley Clean Water Authority
Sampling of other UVFM locations:
American Heart Association, Blood Drive - Sunnyvale Farmers’ Market Chinese Lunar New Year Lion Dance - Old Oakland Farmers’ Market Palo Alto Youth Robotics Club, - California Avenue, Farmers’ Market Earth Team, Adopt 3 Bins Program - Castro Valley Farmers’ Market Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement) b) BUDGET
UVFM’s income derives from weekly stall fees, and the annual membership registration fee paid by each participating producer who commits to selling in our markets for the year ahead.
Stall fee pricing is per 10x10 booth per market day:
Agricultural Producer $50
Mini Agricultural Producer (Hyper local/small farm) $30 Prepared Food Producer (Pre-Packaged) $60
Hot Food Producer (TFF / On-site Processing) $75
Arts & Crafts (Non-food Producer) $55
Included in every stall fee is a state-mandated tax of $2.00 per market day that UVFM transfers directly to the California Department of Food and Agriculture (CDFA).
Prior to 2020, the market footprint accommodated approximately 100-115 vendors, with a majority of farmers setting up 2-4 stalls wide. However, that number changed once UVFM returned to downtown. The addition of multiple parklets, contractual gaps for key businesses and the courtyard, the unsuitability of the 4th block between Central and Railroad Rd, and the loss of a handful of vendors who did not weather the storm of our 2 year displacement. These factors have reduced UVFM’s billable footprint to approximately 85 vendors. This accounts for vendors with multiple tents and seasonal fluctuations.
Concurrently, costs have escalated significantly, primarily in labor and high fees charged by the City of Campbell. UVFM and its Board of Directors will be voting on raising stall fees for all participating farmers and food purveyors if necessary. c) ATTENDANCE
Figures assume an 8% trending growth from the current estimated range, based on anticipated growth in population numbers, tourism, and bolstered by ongoing marketing efforts. Accounting for seasonal product variations, weather conditions, and saturation of competing events of scale in near vicinity. One cannot have exact figures, but we have seen this approximate growth rate to be true over the years, and made especially apparent since our return to downtown.
Year 1: Total average daily Sunday attendance 2,500 in winter to 4,500 in summer.
Year 2: Average daily Sunday attendance: 2,700 to 4,820 visitors Year 3: Average daily Sunday attendance: 2,916 to 5,265 visitors Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
15 CAMPBELL INCOME: $241,046
CAMPBELL EXPENSES:
Advertising
Automobile
General Supplies
Insurance
(Dental, Disability, Health,
Liability, Work Comp)
Licenses and permits
Office Rent
Office Supplies
Payroll
Printing
Musicians
Restrooms
City Fee
Taxes (CDFA)
Trash Service
Travel
7,500
4,200
4,300
19,500
(Dental, Disability,
Work Comp,bility)
2,500
3,500
2,000
128,600
3,700
3,000
3,600
15,000
7,500
4,800
600
TOTAL EXPENSE: $210,300
NET PROFIT: $30,746
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Nutrition Incentive Programs:
UVFM operates robust Federal and State incentive programs across most of our farmers markets, including Campbell and 4 other Santa Clara County sites. UVFM is ranked as the 2nd highest Farmers Market distributor of EBT and “Market Match” in the entire State of California, infusing an average of $31,000 per weekend, or $1.6 million annually into the local economy just within our markets.
Additionally, UVFM has forged partnerships with various local non-profit grant holders that provide targeted "market money" incentives (such as Veggie Rx and Beet Bucks) exclusively in qualifying Farmers' Markets. These initiatives attract thousands of shoppers away from box-store grocery chains and towards the Farmers Markets. The demographics of these customers are diverse, including students, caregivers, working single parents, the disabled, veterans, and retirees. Our market locations are listed in all relevant publication put forth by SNAP’s CalFresh program.
These programs are a win-win-win: enhancing access to fresh, healthy produce and food, and reinvesting state and federal dollars into California’s small and mid-sized farms and rural communities. It's crucial to highlight that these programs also align with the objectives of the City of Campbell. For every grocery-dollar covered through UVFM's Nutrition Incentive Programs, individuals and families have more disposable income to spend on the goods and services from other businesses within the city. This $100,000 dollar ripple effect directly contributes to the annual economic vitality and prosperity of Campbell and its brick and mortar merchants.
Urban Village Farmers’ Market Association has partnerships and reciprocity with many industry organizations:
• Alliance of Certified Farmers’ Market Associations
• California Certified Organic Farmers, Inc.
• Community Alliance with Family Farmers (CAFF)
• California Department of Food and Agriculture
• The Ecology Center, Berkeley
• Fresh Approach
• Organic Farming Research Foundation
• USDA Food and Nutrition Service
• Slow Food
• StopWaste.org
• The Young Farmers Guild
e) REFERENCES:
City of Palo Alto: Steve Guagliardo - Assistant to the City Manager City of Palo Alto: Ozzy Acre, Senior Transportation Planner Montclair Village Association: Daniel Stafford, Executive Director City of San Carlos: Wendy Schettino, Recreation Supervisor City of Sunnyvale: Connie Verceles, Assistant to City Manager Damon Sparacino: Recreation Superintendent
f) UVFM BOARD OF DIRECTORS:
President: Hans Haveman, H&H Fresh Fish Co.
Vice President: Gilbert Yerena Jr., FeNella's Berries
Treasurer: Blair Martin, Financial Advisor at Equity AXA Secretary: Zaida Soriano, Oaxacan Kitchen
Farm Member: Jon Cavanaugh, Cavanaugh Color
Artist Member: Gary Chapelle, Moonshadows Jewelry
Community Member: Joe Appel
BART: Gary Sue, Real Estate Department
State of CA DMV: Rick Haycock - Real Estate Officer
Frank Ward - Facilities Operations Branch
(ATTACHMENT C: Letters of Support)
Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
16 13.c
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484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
17 4. CONFLICT OF INTEREST STATEMENT
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a) UVFM has 28 years experience of managing and operating all aspects of 10 successful farmers’ markets in Santa Clara County, San Mateo County, and Alameda County. UVFM’s operation of the Campbell Farmers’ Market has been recognized and awarded year over year. UVFM is best qualified and positioned to maintain operations of the farmers’ market on July 1st, 2024 under the new contract, as we can deliver the quickest improvables and most cohesive transition, with zero disruptions or disturbances to the market vendors, customers, and the surrounding merchants. b) UVFM currently holds the requisite business license issued by the City Finance Department to operate the Market in the City, valid thru Dec. 31 2024. Once UVFMs contract is renewed, appropriate steps will be taken to renew. c) UVFM agrees to a four-year contract with the City wherein UVFM pays the City of Campbell fees for the use of the City’s streets and sidewalks, on a quarterly basis between July 1, 2024, and June 30, 2028 - as exampled below:
Urban Village Farmers’ Market Association
484 Lake Park Avenue, #501 Oakland, CA 94610
www.UVFM.org • [email protected]
18 Annual Fee Schedule 2024
through 2028: Year Amount of Increase* Annual Fee Quarterly Fee 2024 $0 $7,553** $3,776.50
2025 $302 $15,408 $3,852
2026 $308 $15,716 $3,929
2027 $314 $16,030 $4,007.50
2028 $321 $8,175.50*** $4,087.75
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Farmers’ Market Vendor Booth & Barricade Plan
Sample Barricades
ATTACHMENT A
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Farmers’ Market Vendor Booth & Barricade Plan
Barricade Removal Sequence
Barricades must be removed in the six locations illustrated in the following sequence beginning with “1” and ending with “6.”
ATTACHMENT A
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Farmers’ Market Vendor Booth & Barricade Plan
Barricade Installation Sequence
Barricades must be placed in the six locations illustrated and in the following sequence beginning with “1” and ending with “6.”
ATTACHMENT A
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“EXHIBIT 1”
City Trash Receptacle Map
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City of Campbell
70 N. First St.
Campbell, Ca 95008
Dear City of Campbell,
My name is Gilbert Yerena Jr. (owner) Fenella’s Berries LLC of Watsonville Ca and Vice President of the Urban Village Board of Directors. I am writing to you, from the perspective of a long time vendor of the Campbell Farmers Market, in reference to the recent rumblings of a possible management changeover. This market has been a staple to our small family business since its inception. I remember walking up and down the streets of Campbell as a kid and I am having a hard time fathoming it being run under different leadership.
Urban Village has, in my view, done a great job managing this market (among others) for the past 20+ years. We truly feel “at home” with Urban Village as they truly have the grower’s best interests in mind. They care about our farms, they care about the well-being of our business and most importantly they care about us. Even with busy schedules, they are always a phone call away. The open line communication they offer is like no other, especially when compared to other organizations.
Our third generation farm has been a part of other organizations/farmers markets throughout the greater Bay Area for the past 38 years and the above mentioned does not resonate the same. They are ran as a stringent business with little to no support and ONLY their bottom line in mind. Such models do not bring ease to our operation especially with all of the real time challenges we face in California Agriculture today. We have since departed from some of those markets/organizations because of just that.
Campbell and its beautiful community truly holds a special place in my heart and is part of my family’s livelihood. I ask that you please take the time to reflect on our thoughts when deciding the future of the Campbell farmers market. Not having Urban Village be a part of the Campbell farmers market triggers a dire concern for my family’s operation in an already challenged environment. Thank you in advance for your consideration.
Respectfully,
Gilbert Yerena Jr. (831) 750-5227
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement) 493 Lake Ave. Suite A
Santa Cruz, CA 95062
(831) 462-FISH
info@hhfresh
fish.com
April 01, 2024
City Council
City of Campbell
70 N. First St.
Campbell, CA 95008
Dear City Council Members,
I am writing to express my wholehearted support for the Campbell market and to share a brief testimony on behalf of H&H Fresh Fish Co. about the signi ficant impact
this market has had on our business and the unique qualities that set Urban Village and its management apart from other market operators.
The Campbell market is more than just a place for us to sell our seafood; it's a vibrant community hub where we connect directly with our customers, share our passion for sustainable and locally sourced seafood, and contribute to the local economy. This market allows us to showcase the fruits of our labor, from the fresh catches of the Monterey Bay to the culinary delights we prepare with care and skill. It is here that we've found not just customers, but a community of food lovers, fellow artisans, and advocates for a healthier, more sustainable way of living.
What distinguishes Urban Village from other operators is its genuine commitment to creating an environment that nurtures both vendors and customers. Urban Village's management team goes above and beyond to ensure the market runs smoothly, promotes a diverse and high-quality selection of vendors, and fosters an atmosphere that encourages community engagement and supports local businesses. Their `
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The market management's dedication to sustainability, community engagement, and supporting local businesses aligns perfectly with our values at H&H Fresh Fish Co. They have created a space where we can thrive, share our knowledge and passion for seafood, and contribute to the local community in a meaningful way.
In conclusion, the Campbell market, under the stewardship of Urban Village, is an invaluable asset to our business and the city of Campbell. It signi fies a commitment
to quality, community, and sustainability that is rare and should be celebrated and supported. We are grateful for the opportunity to be a part of this community and look forward to continuing to serve the residents and visitors of Campbell with the freshest seafood possible.
Thank you for considering this letter of support. We are committed to contributing to the success of the Campbell market and the local community for many years to come.
Hans Haveman
President, H&H Fresh Fish
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CITY OF CAMPBELL
FARMERS’ MARKET AGREEMENT
This City of Campbell Farmers’ Market Agreement (hereinafter referred to as “Agreement”) is entered into on the ________ day of _________________ , 2024, by and between the CITY OF CAMPBELL (hereinafter referred to as “City”) and _________________ (hereinafter referred to as “Operator”). This Agreement shall expire on June 30, 2028.
WHEREAS, the City desires to have a certified farmers’ market operating in Downtown Campbell (hereinafter referred to as “Downtown”) to support the City’s Economic Development Plan as an amenity that adds to the vibrancy and appeal of Downtown, attracts new visitors, and serves the needs of local residents by providing the availability of fresh fruits and vegetables to the community; and
WHEREAS, the City desires to retain the services of Operator for the purpose of operating a certified farmers’ market in Downtown (herein after referred to as “Market”); and
WHEREAS, the City desires for the Market to meet the certification requirements of the County of Santa Clara’s Agricultural Commissioner and Department of Environmental Health; and
WHEREAS, Operator represents it has the expertise, means, and ability to fulfill the covenants, conditions, provisions, and duties in operating and managing the Market, as set forth herein;
NOW, THEREFORE, in consideration of each other’s mutual promises, City and Operator agree as follows:
1. DUTIES OF OPERATOR
1.1 Operator agrees to organize and manage all aspects of the Market including, but not limited to farmer and vendor recruitment, management of daily Market operations, and performance and enforcement of duties, covenants, conditions, and provisions as provided herein.
1.2 Operator shall meet the certification requirements of the S tate of California, County of Santa Clara Agricultural Commissioner, and the Department of Environmental Health, including, where applicable, the “Requirements For Temporary Food Facilities (TFF) At Temporary Events And Certified Farmers’ Markets.” (“Attachment C” to City’s “Request for Qualifications – Operator of Farmers’ Market in Downtown Campbell,” issued March 1, 2024, hereinafter referred to as “City’s RFQ”.)
1.3 Operator shall obtain and maintain the requisite business license issued by the City Finance Department to operate the Market in the City during each year of this Agreement.
1.4 In accordance with this Agreemen t, Operator shall operate the Market each Sunday, year-round, with business hours from 9:00 AM to 1:00 PM, with the exception of the third Sundays of May and October, which are reserved for t he Campbell Chamber of ATTACHMENT B 13.c
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Commerce (hereinafter referred to as “Chamber”)’s Boogie Festival and Oktoberfest, respectively.
1.5 Operator shall begin Market set up no sooner than 6:00 AM and close the Market for business no later than 1:00 PM. Vendors shall be packed and vacated from the streets no later than 3:00 PM. Sidewalks and streets shall be cleaned of liter and debris with streets opened to traffic no later than 3:00 PM.
1.6 Operator shall operate only within the footprint and areas designated within the Farmers’ Market Vendor Booth & Barricade Plan. (“Attachment A” to City’s RFQ.) Operator shall also be responsible for installing and removing all barricades and signs for street closures, directional signs, and prohibitive signs ( i.e., “ No Dogs ”) necessary for the operation of the Market in compliance with the Farmers’ Market Vendor Booth & Barricade Plan.
a. In the event the City installs public safety improvements such as bollards or other protective barriers as part of a City-approved public safety plan for the Market, Operator is required to contribute a pro rata share of these improvements.
b. Should Police Department personnel be required to provide security services at the Market, as determined by the Chief of Police, Operator shall be responsible for related costs.
1.7 Operator shall ensure that live animals are not permitted within twenty (20) feet of a ny Temporary Food Facilities, in accordance with County of Santa Clara Department of Environmental Health’s “Requirements for Temporary Food Facilities (TFF) at Temporary Events and Certified Farmers’ Markets”. (“Attachment C” to City’s RFQ.) Operator agrees to post clear signage requiring individuals with emotional support and comfort animals to comply with this requirement.
1.8 Service animals trained to assist persons with disabilities as a reasonable accommodation under the control of their handlers are permitted in the Market pursuant to the Americans with Disabilities Act (hereinafter referred to as “ADA”).
1.9 Dogs under the control of uniformed law enforcement officers acting in the scope of their duties are permitted in the Market. Dogs under the control of licensed private patrol service providers acting in the scope of their duties are permitted in the Market pursuant to the California Business and Professions Code regulating private security services.
1.10 Operator shall conduct regular patrols during Market hours to ensure compliance with Sections 1.6 through 1.9 of this Agreement.
1.11 Operator agrees to perform under this Agreement in accordance with the degree of skill and expertise generally exercised by members of Operator's profession. Operator shall act in good faith with the City in all aspects of the performance of this Agreement.
1.12 Operator's designated Project Manager shall be ______________. The Operator's Project Manager shall have all the necessary authority to direct work within the scope of the Agreement and shall serve as the principal point of contact with the City.
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1.13 The authorized Project Manager or designee executing this Agreement shall have authority to make decisions regarding changes in services, termination, and other contractual matters on behalf of Operator.
1.14 Either the Project Manager or a designated Market Manager shall be in attendance at all times during the Market's operation. During the summer months when the Market attendance is at peak volumes, the Market may require Operator to retain additional staff to manage the Market. The Operator will ensure that adequate supervision is in place to manage the Market's activities and Operator’s employees, agents, and subcontractors on any given Sunday.
1.15 Operator is ultimately responsible for the actions of any Project Manager, Market Manager(s), and/or Operator employees, agents, and subcontractors that may be appointed by the Operator. It shall be the Operator's responsibility to ensure that the Market has adequate supervision by qualified personnel who can interact with the public, business owners, and City representatives in a professional and responsible manner. If requested by the City, Operator shall replace staff for good cause. The Market Manager shall be required to carry a cell phone and provide the City with the cell phone number in the event City or Police Department staff need to contact the Market Manager the day of the Market.
1.16 Operator shall supply a minimum of one source-separated solid waste, recycling, and organic receptacle for every block of the Market. Operator shall also place an extra solid waste receptacle adjacent to each City trash receptacle along E. Campbell Avenue, between Third Street and Central Avenue, to relieve the overflow of trash in City trash receptacles during the Market. See City Trash Receptacle Map for locations, attached hereto as, “Exhibit 1.” Operator will regularly empty full City trash receptacles during the Market and remove excess trash from City trash receptacles after the Market closes for business.
1.17 Operator shall dispose of all waste generated by the Market into dedicated waste containers provided by the City’s exclusive haulers. The waste containers shall be stored at a location designated by the City’s Public Works Director. Operator shall arrange for and maintain weekly collection service with the City’s exclusive hauler.
Container lids must be closed at all times. Locked bin service is advised. The area surrounding the container shall be maintained free of litter and debris.
1.18 At least seventy-five percent (75%) of the Market vendors will offer organic produce, fruit, flowers, plants, meats, seafood, and prepared edible products, such as: cheese, pasta, baked goods, candy, and other specialty foods. The percentage of arts and crafts vendors selling goods at the Market shall be limited to no more than twenty-five percent (25%) of the Market vendors. The City has the discretion to have the Operator remove a vendor that sells products or merchandise that directly competes with D owntown merchants.
1.19 Operator is responsible for ensuring that placement of vendor booths and displays complies with Santa Clara County Fire Department requirements. Operator is also responsible for ensuring that all driving surfaces are kept free of obstructions including vendor booths and vehicles to allow for fire vehicle access. All sidewalk and crosswalk areas, and ADA ramps intended for pedestrian access between the streets and
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sidewalks shall be free and clear accessible paths of travel pursuant to ADA accessibility requirements during the Market.
1.20 Operator shall provide adequate booth spacing to allow for egress and ingress to the “Courtyard” retail property, located at 295-329 E. Campbell Avenue, so that this location may be accessible to patrons of the businesses at this location.
1.21 There shall be no stacking or placement of produce, produce containers, or any vendor supplies, chairs, display cases, or other items on public sidewalks or against buildings during the Market. The Operator shall be responsible for cleaning up any produce stains related to produce stacking or staging including steam cleaning as determined by the City.
1.22 Unless otherwise required by the State of California, County of Santa Clara Agricultural Commissioner and Department of Environmental Health, vendors shall not install booth screens, panels or other materials that block visibility to Downtown storefronts. The back sides of all booths shall remain open so businesses behind each vendor have clear visibility to the street.
1.23 Vendors are prohibited from using any City trash receptacles to dispose of their refuse.
Each vendor shall ensure the area around their booth is completely cleaned and all equipment, supplies, boxes, trash, and debris are cleaned up at the conclusion of the Market.
1.24 All vendors shall comply with Chapters 6.19 and 6.30 of the Campbell Municipal Code regarding restrictions and prohibitions of single-use foodware accessories, standard condiments, and expanded polystyrene disposable food service ware.
1.25 Vendors violating Sections 1.21, 1.22, 1.23 and/or 1.24 of this Agreement shall be fined by the Operator to ensure future compliance.
1.26 Operator shall display downtown merchant promotional materials, as provided by downtown business owners and the Downtown Campbell Business Association, to market their businesses, programs, and events at the Market's information booth each Sunday. The Chamber shall have display space at the Market’s information booth for its promotional materials when requested.
1.27 Operator shall provide the City with a designated area in front of 276 E. Campbell Avenue for the City's use to promote City-sponsored programs, services, and events.
The City reserves the right to use this area on the first, third, and when applicable , fifth Sundays of the month. The Campbell Community Emergency Response Team (hereinafter referred to as, “ CERT”) shall use this area during the second and fourth Sundays of each month.
1.28 Operator shall provide at least three (3) four-foot tables, twelve (12) folding or stackable chairs and two (2) umbrellas, if needed for shade, in the cooked-food vendor area along E. Campbell Avenue between Second Street and Third Street so patrons may consume their cooked-food purchases. Operator shall place at least two trash receptacles in this area and keep said area free of all litter and debris during Market business hours.
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Tables, chairs, and umbrellas shall be stored as designated by the City’s Public Works Director at no cost to the Operator.
2. DUTIES OF THE CITY
2.1 City shall p romote the Market via its media channels such as the City's website, social media platforms, lamp post banners, and other promotional materials.
2.2 City shall work cooperatively and in good faith with the Operator in resolving issues to ensure a successful Market.
3. COMPENSATION TO THE CITY
3.1 While the City provides Market vendors the use of City streets and public right- of-way to conduct retail sales transactions and generate revenue at a minimal cost, the presence of vendors increases the cost of maintenance of streets and sidewalks to the City. Additionally, Downtown businesses pay rent, incur operating expenses, and pay business license fees to the City. In consideration of the impacts to local businesses, the cost to the City for maintenance of City streets and sidewalks, and the use of the public right-of-way, Operator agrees to compensate the City based on the fee schedule provided in Section 3.4 of this Agreement and in lieu of each vendor operating with a City-issued business license.
3.2 The Operator shall pay the City an annual fee, to be paid by Operator on a quarterly basis, by cash or check, between July 1, 2024, and June 30, 2028. The annual fee shall increase by 2% beginning January 1, 2025, and during each subsequent year of this Agreement. The annu al fee increase is based on the maximum annual percentage increase of City business license fees of 2% as set by Campbell Municipal Code Section
5.01.170. Including these annual increases eliminat es the need to re -negotiate an annual fee more frequently.
3.3 The City will collect $ 62,882.50 during the lifetime of this Agreement. The 2024 fee reflects the prorated amount to be collected between July 1 , 2024, and December 31, 2024. The 2028 fee reflects the prorated amount to be collected between January 1 , 2028, and June 30, 2028, so time periods for any subsequent agreements align with the City's fiscal year.
3.4 Annual Fee Schedule 2024 through 2028:
Year Amount of Increase* Annual Fee Quarterly Fee
2024 $0 $7,553** $3,776.50
2025 $302 $15,408 $3,852
2026 $308 $15,716 $3,929
2027 $314 $16,030 $4,007.50
2028 $321 $8,175.50*** $4,087.75
Totals****
* Amount of increase is based on a 2% annual increase. ** Total Fee collected between July 1, 2024, and December 31, 2024. *** Total Fee collected between January 1, 2028, and June 30, 2028. **** The annual fee is calculated using a total of one hundred (100) Market vendors, multiplied by the current fiscal year business license fee , and includes costs associated with street and sidewalk cleaning and maintenance.
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3.5 Fees owed to the City are due on the last day of each quarter (March 30, June 30, September 30, and December 31). If payment is not received within ten (10) calendar days of the due date, a ten percent (10%) late penalty shall be added to the total amount due. If the 10 th day falls on a weekend and/or holiday, fees are due on the preceding business day. The 10% penalty shall apply to all outstanding fees owed, including current fees, past due fees, and accumulated late charges. An interest rate of one and one-half percent (1.5%) will be charged on a monthly basis on any unpaid balances until paid in full.
3.6 If Operator fails to timely pay the fees owed for two (2) or more quarters, the City may terminate this Agreement pursuant to Sections 7 and 9 herein.
3.7 Payment shall be made to:
The City of Campbell
Finance Department
Attention: Accounts Receivable
70 N First Street
Campbell, CA 95008
4. COMPENSATION TO THE OPERATOR
The City agrees that all monies generated by membership and stall fees paid by farmers and vendors shall be compensation to the Operator for operation of the Market.
5. TERM OF CONTRACT
This four-year Agreement shall be in full force and effect from the date of execution until it expires on June 30, 2028. At least ninety (90) days prior to expiration of this Agreement, Operator and City will enter into discussions for consideration of an Agreement extension and any amendments as deemed appropriate. Operator and City may re-evaluate this Agreement in the event of such a request by the City or Operator as deemed appropriate.
6. NO ASSIGNMENT
Except as otherwise expressly provided in this Agreement, it is understood and agreed that this Agreement is for specialized professional services and Operator cannot assign management services without the City's prior consent in writing.
7. TERMINATION
The City or Operator may terminate the Agreement for convenience by providing written notice to the other party not less than thirty (30) calendar days prior to an effective termination date.
The City or Operator may terminate the Agreement for material breach of Agreement by providing written notice to the other party not less than seven (7) calendar days prior to the effective termination date.
In no event will the City be liable for any loss of profits on the resulting A greement or portion thereof so terminated. After the effective date of termination, Operator will have no further claims against the City under the Agreement. Termination of the Agreement pursuant to this
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Section may not relieve the Operator of any liability to City for damages sustained by City because of any breach of Agreement by Operator.
The rights and remedies provided in this Section will not be exclusive and are in addition to any rights and remedies provided by law or under the Agreement.
8. BEST EFFORTS OF THE OPERATOR
Operator agrees that it will, at all times faithfully, industriously, and to the best of its ability, experience, and talent, perform all of the duties that may be required of or from it, pursuant to all terms of this Agreement, expressed or implied, in a manner reasonably satisfactory to the City, in accordance with the standards reasonably expected of a Market Manager so engaged.
9. DEFAULT & REMEDIES
The occurrence of the following constitutes a material default and breach of this Agreement by Operator: The failure of Operator to timely pay fees owed to the City for two (2) or more quarters, or the failure of Operator to observe or perform any of the covenants, conditions, or provisions of this Agreement to be observed or performed by Operator, where the failure continues for a period of two (2) consecutive Markets after written notice thereof from the City to the Operator; provided, however, that if the nature of Operator's default is such that more than two consecutive Markets are reasonably required for its cure, as determined in good faith by the City, then Operator shall not be deemed to be in default if Operator diligently commences and completes such cure within the prescribed time period or a reasonable period of time as determined in good faith by the City.
If the default is not corrected as determined in good faith by the City, and within either the prescribed time period or a reasonable time period, the City shall impose a fine equal to the current business license fee for each and every following Market date until the default is corrected.
If such default and breach are not cured, as provided herein, then City shall have the right to terminate this Agreement and pursue those remedies available to it under the laws of the State of California.
10. INDEPENDENT CONTRACTOR AND OPERATOR NOT AN AGENT
In the performance of its work, it is expressly understood that Operator, including Operator's employees and agents, are independent contractors, and not employees or agents of the City. Operator shall retain full control over the employment, direction, compensation, and discharge of such individuals as they assist Operator in the performance of services hereunder. Operator shall be fully responsible for all matters relating to wages or salaries of such individuals, such as the payment of all employment taxes, including SDI, Federal, and State income taxes, unemployment insurance, and disability taxes, among others, if so required, and will be responsible for compliance with all laws and regulations governing such matters. Operator shall be responsible for its own acts and those of its employees and agents during the term of this Agreement.
11. INDEMNITY
Operator agrees to indemnify, defend, and hold the City, its councilmembers, officials, officers, directors, employees, representatives, volunteers, and agents harmless from and against any and all liability, claims, losses, damages, demands, suits, actions, causes of
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actions, judgments, or costs and expenses (including attorney's fees) arising out of, or alleged to arise out of the acts or omissions of Operator, its employees, agents, subcontractors, or vendors in any way related to the obligations or in the performance of the services under this Agreement, including but not limited to the violation of any Federal, State, or municipal law or ordinance, except where caused by the sole negligence or willful misconduct of the City. This provision shall expressly apply to, but is not limited to any and all liability, claims, losses, damages, suits, actions, causes of actions for bodily injury, personal injury, property damage, or infringement of any property rights, including but not limited to intellectual property rights. This provision is intended to fully allocate all risk between the parties for liability to third parties; and Operator shall have no rights against City for indemnity, contribution, or defense as to any matter covered by this provision. This provision shall survive the termination of this Agreement; and approval of any insurance coverage does not, in any way, relieve Operator of liability under this clause.
12. INSURANCE REQUIREMENTS
Upon execution of this Agreement, throughout the duration of the Agreement, and, in any event, before Operator begins operations in the Market footprint, as shown in the Farmers’ Market Vendor Booth & Barricade Plan (“Attachment A” to City’s RFQ), Operator will maintain, at its own expense, the insurance requirements as set forth in this section, and submit verification of coverage for review and approval by the City by means of a Certificate of Insurance. Operator will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement and the results of that performance by Operator and/or by Operator's employees, agents, subcontractors, or vendors. In the event Operator subcontracts any of the work provided herein, Operator shall not allow any subcontractors to commence work on their subcontracts until all similar insurance required of such persons has been obtained and verified. Such insurance shall remain in full force and effect at all times during the term of this Agreement.
The City will be issued a Certificate of Insurance with the following minimum requirements:
Certificate(s) will show current policy number(s) and effective dates; coverage and policy limits will meet, or exceed, the requirements set forth below; the Certificate Holder will be the City of Campbell, 70 N. First Street, Campbell, California 95008; Certificate(s) will be signed by an authorized representative; and an endorsement will be provided to show the City, its councilmembers, officials, officers, directors, employees, representatives, volunteers, and agents as additional insureds.
12.1 Minimum Scope and Limit of Insurance
12.1.1 Commercial General Liability (CGL): coverage at least as broad as ISO Form CG 00 01 covering CGL on an "occurrence" basis, including, but not limited to, products and completed operations, contractual liability, broad form property damage, including damage to the Market footprint (“Attachment A” to the City’s RFQ), injury to or destruction of City's property, death, bodily injury and personal and advertising injury, coverage for explosion, collapse and underground damages, and limited pollution liability endorsement, with limits no less than $2,000,000 per occurrence, $2,000,000 personal injury liability, and $2,000,000 aggregate for products-completed operations. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
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12.1.2 Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease, $1,000,000 disease - policy limit, $1,000,000 disease - each employee. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City (and its councilmembers, officials, officers, directors, employees, representatives, volunteers, and agents). The insurers shall agree to waive all rights of subrogation against the City and its councilmembers, officials, officers, directors, employees, representatives, volunteers, and agents arising from Operator's access and/or use of the Market footprint (“Attachment A” to the City’s RFQ).
12.1.3 Automobile Liability: coverage at least as broad as ISO Form Number CA 00 01 covering any auto (Code 1), with limit no less than $2,000,000 combined single limit each occurrence/per accident for bodily injury and property damage.
12.1.4 "All Risk" Property Insurance against loss or damage to the Market footprint (“Attachment A” to the City’s RFQ) (and improvements thereon) resulting from fire, windstorm, hail, lightning, vandalism, malicious mischief, and such other perils ordinarily included in extended coverage casualty insurance policies. Such insurance shall be maintained in an amount not less than one hundred percent (100%) of the full replacement value of the Market footprint and improvements.
13. NOTICES
Any notice required or authorized to be given under this Agreement shall be duly and properly given to City or Operator in writing to the addresses set forth below, or such other address as either party may from time to time designate, in writing, to the other.
THE CITY: Brian Loventhal
City Manager
City of Campbell
City Manager’s Office
70 N. First Street
Campbell, CA 95008
THE OPERATOR: __________________
__________________
__________________
__________________
__________________
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.
14. ENTIRE AGREEMENT
This Agreement, along with any Exhibits, embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into by the City or O perator other than those contained herein. This Agreement supersedes any previous written or oral agreements between the parties with respect to the matters addressed herein.
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement)
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Attachment: UVFM RFQ Response (Approval of Farmers' Market Agreement) City
Council
Report
TITLE: Proposed Modifications to the City Council Financial Assistance Program Policy (Resolution/Roll Call/Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution approving the modifications to City Council Policy, Section 18, Financial Assistance Program Policy.
BACKGROUND
The Financial Assistance Program Policy was established to provide access to fee - based Recreation and Community Services programs and activities for qualifying Campbell youth and teens. The program is limited due to the fact that it is fully funded through the generous donations of local service clubs, businesses and private individuals.
DISCUSSION
The policy was reviewed and updated on April 18, 2017 to increase the funding allowance to $200 per child per calendar year with a maximum annual household benefit of $400. Then again modified on June 5, 2018 to allow non -resident students from Rosemary Elementary School to apply for scholarships. The financial assistance program has helped multiple families participate in recreational programs and activities annually with annual usage listed below.
Calendar Year Number of participants
2024 In progress 18
2023 30
2022 25
2021 8
There are a variety of schools from Moreland School District, Campbell Union School District and Cambrian School District just outside the Campbell border that host both Campbell and San Jose residents. Currently the Financial Assistance Policy only accepts applications from Campbell Residents or students currently enrolled at Rosemary Elementary which was modified in 2018. For many, the Campbell Community Center is the closest recreation facility for these students/families and the Item: 14
Category: NEW BUSINESS
Meeting Date: May 21, 2024
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Proposed Modifications to the City Council Financial Assistance Program Policy Page 2 of 3 Recreation and Community Services Department would like to remove the residential barrier and specifically serve more nearby low-income students.
Staff recommends the boundaries for the Financial Assistance Program extend past the Campbell boundaries to be more inclusive of the youth in our community. Attachment B outlines the following changes in how the boundaries can be extended:
• To the West: Extend to Lawrence Expressway/Quito Road and Saratoga Avenue;
• To the North: Extend to Williams Road, additionally incorporate Del Mar High School to Southwest Expressway and Fruitdale to Meridian Avenue; • To the East: Extend the eastern boundary to Meridian Avenue (to Hamilton Avenue) continue with the Campbell border then extend down Union Avenue to Hwy 85;
• To the South East: Extend to Hwy 85
Expanding these boundaries would allow additional families that qualify financially in nearby neighborhoods access to the Financial Assistance Program thereby providing more recreational opportunities to youth in our community.
Additionally, the cost to participate in fee -based recreation programs has gone up significantly since it was last reviewed in 2017. Staff recommends increasing the funding allowance to $300 per child per calendar year with a new maximum annual household benefit of $600. These amounts would equate to a week of camp during the summer months or two to three activities throughout the year.
These recommended changes will not change the existing criteria to the policy, specifically access to Campbell residents and currently enrolled students at Rosemary Elementary School. While the fund relies solely on donations, there are families within our community who rely upon this assistance and staff has found that families from Campbell Union School District and Moreland School District are often denied assistance due to lack of residency.
Additionally, minor grammatical changes were made to make the policy and application more universal for applicants. Attachment C illustrates the proposed changes to the policy.
FISCAL IMPACT
The changes proposed in this report will have no fiscal impact as the program is funded by donations.
ALTERNATIVES
1. Only increase the Financial Assistance Program Policy allowance to $300 per child per calendar year with a maximum annual household benefit of $600. 14 Packet Pg. 172
Proposed Modifications to the City Council Financial Assistance Program Policy Page 3 of 3
2. Only modify the boundaries of the Financial Assistance Program Policy to allow students outside of Campbell boundaries access to receive financial assistance.
3. Provide alternative direction to staff.
Prepared by:
Lauren Merriman, Recreation Services
Manager
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution Financial Assistance Program Policy 2024
b. Financial Assistance Program Map Revision 2024
c. Section 18. FINANCIAL ASSISTANCE PROGRAM POLICY REDLINE VERSION 2024 14 Packet Pg. 173
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL TO MODIFY THE CITY OF CAMPBELL COUNCIL POLICY SECTION 18 FINANCIAL ASSISTANCE PROGRAM POLICY.
WHEREAS, the Financial Assistance Program Policy was established to provide access to fee-based recreation programs and services to financially qualifying youth and teens; and
WHEREAS, the program is limited due to funds solely coming from generous donations of local service clubs, businesses, and private individuals; and WHEREAS, the policy was updated in 2017 to increase the funding allowance ; and
WHEREAS, the policy was modified in 2018 to include all students currently enrolled at Rosemary Elementary; and
WHEREAS, many schools just outside the Campbell borders host both Campbell and San Jose residents who utilize recreation services at the Campbell Community Center; and
WHEREAS, expanding the boundaries to include community members just outside the Campbell border and around school sites will be more inclusive; and WHEREAS, expanding the boundaries will provide recreation opportunities to more youth in our community; and
WHEREAS, increasing the funding allowance will allow youth to participate in more activities; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell modifies the Campbell City Council Policy Section 18, Financial Assistance Program Policy.
PASSED AND ADOPTED this ______ day of _________, 2024 by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
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Attachment: Resolution Financial Assistance Program Policy 2024 (Proposed Modifications to the City Council Financial Assistance Program _____________________________
ATTEST: Susan M. Landry, Mayor
_________________________
Andrea Sanders, City Clerk
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Attachment: Resolution Financial Assistance Program Policy 2024 (Proposed Modifications to the City Council Financial Assistance Program M o n r o e
D e l M a r
B l a c k f o r d
C a s t l e m o n t
P a y n e
L a t i m e r
M o r e l a n d
B a k e r
F a r n h a m
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Attachment: Financial Assistance Program Map Revision 2024 (Proposed Modifications to April 202417 127
SECTION 18
Financial Assistance Program Policy
I. PURPOSE
The City of Campbell recognizes the value of participating in recreational programs for youth and teens. Acknowledging that the financial circumstances of some residents may impose a barrier to youth and teens in accessing fee based Recreation & Community Services programs and in an effort to make its recreational programs and activities available to the widest range of residents, the City of Campbell established the Financial Assistance Program (FAP) to assist economically disadvantaged youth and teens to enable them to participate in the Recreation & Community Services classes and programs. This program is made possible through the generous donations of local service clubs, businesses and private individuals. To that extent, funds are limited and will be distributed on an 'as available' basis. Recipients of financial assistance are encouraged to participate as program volunteers as appropriate to further contribute to the program.
II. ELIGIBILITY
The City of Campbell offers financial assistance to resident youth (17 years and under) residing within the limits of Campbell, students residing in the newly identified areas surrounding Campbell and or students attending Rosemary Elementary School for participation in the Recreation & Community Services Department's program offerings. Proof of Campbell residency or current enrollment at Rosemary Elementary School and low income verification is required. Applicants must meet the maximum gross income criteria established by the U.S Department of Housing & Urban Development based on family size.
Ill. APPLICATION REQUIREMENTS
A FAP application must be completed by the youths' parent or legal guardian. Incomplete applications will not be processed. A 'Household' is defined as a group of related or non-related individuals living as one economic unit and sharing living expenses. Living expenses include rent, clothes, food, doctor bills, and utility bills. The following items are required to be submitted along with the complete application:
One of the following acceptable proofs of income/financial are needed:
a. Proof from the school district that your child is eligible for free or reduced price meals.
b. Proof that your the household is receiving Food Stamps, Cal WORKS assistance (California Work Opportunity and Responsibility to Kids), TANF (Temporary Aide to Needy Families), or Kin-GAP (Kinship Guardian
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Attachment: Section 18. FINANCIAL ASSISTANCE PROGRAM POLICY REDLINE VERSION 2024 (Proposed Modifications to the City Council April 202417 128
Assistance Payments).
If you an applicant does not have either of the above two forms of documentation, a copy of your the applicants last Federal Income Tax Return (form 1040/1040EZ/1040NR) showing that you the applicant s income falls under the income eligibility guidelines listed on the application. Your The household size must equal the number claimed on your income tax form.
In the rare circumstance where a Federal Income Tax Return has not been filed, you the applicant will need to submit pay stubs from the previous 30 days to the date of application.
For residency validation, the applicantYou will also need to provide a copy of your a valid Driver's License or State Identification Card. If you the applicant is are a foster family, you will need a letter from your the certifying Foster Agency is required. Another acceptable form of residency is to provide the last three (3) months of utility bills.
Monthly income means the amount of income each household member receives on a monthly basis (before taxes or other deductions are taken out) and where it came from, such as earnings, welfare, pensions, social security, tips, strike benefits, unemployment compensation, worker's compensation, disability benefits, child support, alimony, cash withdrawn from savings, interest/dividends, rental income and any other source of income. If the amount varies from month to-month, please indicate the normal average monthly amount.
IV. REQUEST PROCESSING
Requests are awarded on a first-come, first-served basis and are funded only as long as there are available resources. Assistance is issued for registration fees only, not for supplies or other costs. Submittal of an application is not a confirmation into the class or confirmation of fee assistance. The parent/legal guardian must pay for the co-payment (the remaining amount of the class). A recipient is not assured a place in the program/class and is not considered registered until the co-payment has been received. Co-payments must be clear and be in cash, valid check, or VISA/MasterCard/Discover. Any past due accounts must be brought current before a FAP application is considered.
Recipients are responsible for their own transportation to and from activity sites.
Applicants who falsify information or do not attend class regularly may be ineligible for future fee assistance. If extenuating circumstances prevent regular attendance, please call the office at (408) 866-2104.
Select the class/program that is appropriate for your child's age and ability as a transfer request to a different activity will not be granted after the FAP application has been processed. Fee assistance will not be applied retroactively. Unused funds are not carried as credits on your account and are not transferrable.
The maximum funding allowance per child is $200$300.00 per calendar year
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Attachment: Section 18. FINANCIAL ASSISTANCE PROGRAM POLICY REDLINE VERSION 2024 (Proposed Modifications to the City Council April 202417 129
with a maximum annual benefit of $ 400$600.00 per household dependent on availability of funds. The calendar year is January 1 through December 31.
To the extent permitted by State Law; family size, household income and Social Security information will remain confidential and will not be shared for any purpose.
V. FOSTER OR INSTITUTIONALIZED CHILDREN
Use one application per foster or institutionalized child who is the legal responsibility of the welfare agency or court Write the name of the foster or institutionalized child and the specific school the child attends. If the foster child or institutionalized child receives "personal use income", list the amount of the income. "Personal Use Income" is (a) money given by the welfare office identified by category for the child's personal use, such as clothing, school fees and allowances, and (b) all other money the child receives, such as money from his/her family and money from the child's full-time or part-time jobs. The foster parent or agency official must sign the application.
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Attachment: Section 18. FINANCIAL ASSISTANCE PROGRAM POLICY REDLINE VERSION 2024 (Proposed Modifications to the City Council 130
YEAR: ____ C-O-N-F-I-D-E-N-T-I-A-L
CITY OF CAMPBELL
FINANCIAL ASSISTANCE APPLICATION
(One Form per Family - Please Print or Type)
Name____________________________________ Home Phone
Parent/Guardian Cell Phone
Home Address
City Zip Code
Employer Work Phone
Parent/Guardian Marital Status: ( ) single ( ) married ( ) divorced ( ) widowed Spouse’s Name
Spouse’s Employer Work Phone
Number of Adults in Home Number of Children in Home Children/Dependents:
1._____________________Relation__________ Birth date________ School_______________
2._____________________Relation__________ Birth date________ School_______________
3._____________________Relation__________ Birth date________ School_______________
4._____________________Relation__________ Birth date________ School_______________ Please list your reason for assistance. Explain any special circumstances you may wish us to consider:
PROGRAM FOR WHICH YOU ARE SEEKING ASSISTANCE:
Name Class # Program Title Fee$
Name Class # Program Title Fee$
Name Class # Program Title Fee$
PLEASE COMPLETE INFORMATION ON OTHER SIDE
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Attachment: Section 18. FINANCIAL ASSISTANCE PROGRAM POLICY REDLINE VERSION 2024 (Proposed Modifications to the City Council 131
Have you received Financial Assistance from the City of Campbell, Recreation & Community Services Department before? _____Yes _____No
If yes, what program(s) did your child attend?
What year(s) did you receive assistance?
I certify that the above information is true and correct and I understand that the information provided here will be relied upon for purpose of determining our eligibility to receive financial assistance from the City of Campbell Recreation & Community Services Department and that any misstatement, fraudulently or negligently made in this or in any other statement by me may result in the denial of my eligibility to receive financial assistance. I authorize the City of Campbell to verify the above information. I agree to provide additional documentation to verify my need if requested.
Signature Date
□ I would like the City to keep this information private to the extent permitted by law. Please notify me before releasing this information to anyone outside of the City.
Please provide one of the following:
1. Proof from the school district that your child is eligible for free or reduced price meals.
2. Proof that your family is receiving Food Stamps, CalWORKS assistance (California Work Opportunity & Responsibility to Kids), TANF (Temporary Aide to needy families), or Kin-GAP (Kinship Guardian Assistance Payments).
3. If you do not have either of the above, a copy of your last Federal Income Tax Return (form 1040/1040EZ/1040NR) showing that you fall under the income eligibility Guidelines. Your household size must equal the number claimed on your income tax form.
In addition to the above, you must provide one of the following for residency verification:
1. Copy of Driver’s License or State Identification.
2. Last three months’ utility bills.
Office Staff Use Only
Date scholarship approved
Percentage of scholarship
Amount of scholarship Date
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Attachment: Section 18. FINANCIAL ASSISTANCE PROGRAM POLICY REDLINE VERSION 2024 (Proposed Modifications to the City Council 132
FOR OFFICE USE ONLY
HUD Income Guidelines – Updated April May 20182024
Median Income $125,200$184,300 for SC County 20182024
ANNUAL INCOME
Household
Size
100% Scholarship
Extremely Low-
Income
(30% of median)
50% Scholarship
Very Low- Income
(50% of median)
1 $27,950$38,750 $46,550$64,550
2 $31,950$44,250 $53,200$73,750
3 $35,950$49,800 $59,850$82,950
4 $39,900$55,300 $66,500$92,150
5 $43,100$59,750 $71,850$99,550
6 $46,300$64,150 $77,150$106,900
7 $49,500$68,600 $82,500$114,300
8 $52,700$73,000 $87,800$121,650
*HUD Guidelines are updated annually, the figures above represent the current amounts during the review of this policy.
MONTHLY INCOME
Household
Size
100% Scholarship
Extremely Low-
Income
(30% of median)
50% Scholarship
Very Low- Income
(50% of median)
1 $2,329 $3,879
2 $2,662 $4,433
3 $2,995 $4,988
4 $3,325 $5,542
5 $3,591 $5,988
6 $3,858 $6,429
7 $4,125 $6,875
8 $4,391 $7,316
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Attachment: Section 18. FINANCIAL ASSISTANCE PROGRAM POLICY REDLINE VERSION 2024 (Proposed Modifications to the City Council City
Council
Report
TITLE: Council Committee Reports
RECOMMENDED ACTION
That the City Council report on activities from their committee assignments.
DISCUSSION
This is the section of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Subcommittees.
MAYOR LANDRY
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Education Subcommittee
Economic Development Subcommittee
West Valley Mayors and Managers
DCBA Liaison
Santa Clara County Housing and Community Development Advisory Committee Santa Clara Valley Water District County Water Commission Santa Clara County Library District JPA Board of Directors Cities Association of Santa Clara County - City Selection Committee Friends of the Heritage Theater Liaison (Alt.)
West Valley Clean Water JPA (Alt.)
West Valley Solid Waste Authority JPA (Alt.)
VICE MAYOR LOPEZ
City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Economic Development Subcommittee
Finance Subcommittee
Legislative Subcommittee
Silicon Valley Clean Energy Audit Committee
Item: 15
Category: COUNCIL COMMITTEE
REPORTS
Meeting Date: May 21, 2024
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Council Committee Reports Page 2 of 3
Bay Area Quality Management District Board of Directors** League of Cities Peninsula Division Executive Committee** Valley Transportation Authority Board of Directors**
West Valley Mayors and Managers (Alt.)
Cities Association of Santa Clara County:
Board Representative (Alt.)
Legislative Action Committee and City Selection Committee (Alt.) Silicon Valley Clean Energy JPA Board of Directors (Alt.) West Valley Sanitation District (Alt.)
COUNCILMEMBER BYBEE:
Finance Subcommittee
Legislative Subcommittee
Cities Association of Santa Clara County:
Board Representative
Legislative Action Committee
Silicon Valley Animal Control Authority Board (SVACA)
Silicon Valley Clean Energy JPA Board of Directors
Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) West Valley Sanitation District (Alt.)
COUNCILMEMBER FURTADO
Advisory Commissioner Appointment Interview Committee
West Valley Clean Water JPA
West Valley Sanitation District
West Valley Solid Waste Authority JPA
Association of Bay Area Governments (ABAG)
Silicon Valley Regional Interoperability Authority (SVRIA) Santa Clara County Emergency Operational Council (EOAC)**
Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.)
COUNCILMEMBER SCOZZOLA
Campbell Historical Museum & Ainsley House Foundation Liaison Friends of the Heritage Theater Liaison
Education Subcommittee
Silicon Valley Clean Energy JPA Board of Directors
Silicon Valley Clean Energy Finance and Legislative Committees Valley Transportation Authority Policy Advisory Board
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Council Committee Reports Page 3 of 3
Santa Clara Valley Water District: County Water Commission (Alt.) DCBA Liaison (Alt.)
Santa Clara County Housing and Community Development Advisory Committee (Alt.) Santa Clara County Library District JPA Board of Directors (Alt.) Association of Bay Area Governments (Alt.)
**appointed by other agencies
Prepared by:
Kristen Epolite, Deputy City Clerk
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