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, June 18, 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. Proclamation Declaring June 2024 as Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) Pride Month
Recommended Action: That the City Council approve a proclamation declaring June 2024 as Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) Pride Month in the City of Campbell.
COMMUNICATIONS AND PETITIONS
ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.
COUNCIL ANNOUNCEMENTS
CONSENT CALENDAR
NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of City Council, City staff, or a member of the public.
Any person wishing to speak on any item on the consent calendar should ask to have the item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.
2. Minutes of City Council Regular Meeting of June 4, 2024 Recommended Action: Approve the regular meeting minutes of June 4, 2024
3. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $2,708,410.20.
4. Approval of Transportation Development Act (TDA) Article 3 Grant Application for Fiscal Year 2024/25 (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution authorizing the Public Works Director to submit a grant application to the Santa Clara Valley Transportation Authority (VTA) for $61,847 in Fiscal Year (FY) 24/25 Transportation Development Act (TDA) Article 3 Guarantee Funds for the Pruneyard Creek Trail Project.
5. Destruction of Certain City Records (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution authorizing the destruction of certain City records pursuant to the California Government Code Section 34090.
6. Approve Contract Amendment with Good City Co Consultants for Economic Development Consultant Services (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution approving a contract amendment with Good City Company for Economic Development Consulting services and dispense with bidding requirements.
7. Excess Workers' Compensation Coverage Contract (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 with Midwest Employers' Casualty Company to provide excess worker's compensation liability coverage for Fiscal Year 2025 for the estimated annual premium amount of $131,198.
8. Draft One Axon AI Assisted Report Writing (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution approving a six - year addendum to the contract with Axon and authorizing the City Manager to sign the contract and dispense with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(7).
9. Calling General Municipal Election for Districts 1 and 2; and Requesting Consolidation of Election in Accordance with California Elections Code Section 10418 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution calling the General Municipal Election for November 5, 2024 to elect one Councilmember
from District 1, and one Councilmember from District 2; and requesting consolidation of election with the Registrar of Voters in accordance with California Elections Code Section 10418; resolving any tie votes by lot; levying a fee to each candidate for their Candidate Statement.
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
NOTE: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
10. Adoption of Fiscal Year (FY) 2025 Operating Budget and 2025 - 2029 Five- Year Capital Improvement Plan (CIP) and Establishment of the Appropriations Limit for FY 2025 (Resolutions/Roll Call Vote) Recommended Action: That the City Council ado
pt a Resolution adopting the Fiscal Year (FY) 2025 City Operating and Capital budgets, including transfers, in the amounts of $88,440,459 and $12,688,490, for a combined total budget of $101,128,949; and adopt a Resolution adopting findings that the proposed FY 2025 -2029 Capital Improvement Plan (CIP) projects are categorically exempt under the California Environmental Quality Act (CEQA) and are consistent with the City’s General Plan; approving the five -year Capital Improvement Plan with projects totaling $98,451,037; including new capital projects of $5,234,000 and $6,653,272 as the amount necessary to meet the capital requirements of the City in FY 2025; directing staff to incorporate within the final adopted and published FY 2025 budget document any changes or adjustments pursuant to this public hearing and any other minor corrections prior to the budget’s final publication; and adopt a Resolution establishing the Appropriations Limit for FY 2025 at $93,535,488 pursuant to Article XIIIB of the California State Constitution.
11. Updates to Campbell Municipal Code 3.20 - City Manager Award Threshold (Ordinance/Roll Call Vote)
Recommended Action: That the City Council introduce and hold first reading of an Ordinance amending Section 3.20 of the Campbell Municipal Code to update the City Manager's award threshold amount to reflect current economic conditions, keep language consistent with the California Public Contracts Code, and to add clarifying language on threshold limits.
12. Introduction of Ordinance Adjusting City Council Compensation (Ordinance/Roll Call Vote)
Recommended Action: That the City Council introduce an Ordinance adjusting Councilmember compensation, within the limits set forth by Government Code Section 36516.
13. Public Hearing to Consider Interim Ordinances to Adopt Urgency Measures to Implement Senate Bill No. 684 (2023), Which Allows for Streamlined Approval of 10 or Fewer Residential Units on Lots Zoned for Multifamily Residential Development, and Senate Bill No. 4 (2023), Which Allows for Housing on Lands Owned by Qualifying Faith -Based and Higher Educational Institutions. (Ordinances / Roll Call Vote)
Recommended Action: It is recommended that City Council: 1) Adopt an Interim Ordinance to adopt urgency measures to implement Senate Bill No. 684 (2023) to allow for streamlined approval of 10 or fewer residential units on lots zoned for multifamily residential development; and 2) Adopt an Interim Ordinance to adopt urgency measures to implement Senate Bill No. 4 (2023) to allow for housing on lands owned by qualifying faith-based and higher educational institutions.
NEW BUSINESS
14. Approval of Special Event Permit for the Historic Downtown Campbell Car Show and Permit Fee Waiver (Resolution/Roll Call to Vote) Recommended Action: That the City Council (1) adopt a resolution approving a Downtown Special Event Permit for the Downtown Campbell Business Association (DCBA)’s Historic Downtown Campbell Car Show; and (2) adopt a resolution granting a waiver of City permit fees related to the Historic Downtown Campbell Car Show.
15. Update on the Below -Market Rate Housing Program Activities Over the Past Year and Consider the Adoption of a Resolution Dispensing with the Bidding Procedures, Approving a Consultant Services Agreement with HouseKeys, Inc and Authorizing the City Manager Execute the Agreement(Resolution/Roll Call Vote)
Recommended Action: It is recommended that the City Council adopt a Resolution dispensing with the bidding procedures specified in CMC Section
3.20.050, approving a one -year Consultant Services Agreement (expiring June 30, 2025) with HouseKeys, Inc., to serve as the City’s Below -Market Rate Program Administrator and authorizing the City Manager to execute the agreement.
16. Reach Code Updates
Recommended Action: That the City Council receive the report and provide direction to staff on potential Reach Code updates.
UNFINISHED BUSINESS
COUNCIL COMMITTEE REPORTS
17. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
ADJOURN
IMPORTANT NOTICE: Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbell, CA 95008, during normal business hours. These materials will also be available on the City website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet following the last item of the agenda, subject to staff’s ability to post the documents prior to the meeting. All documents not posted prior to the meeting will be posted the next business day.
In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the City Council Chambers. If you require accommodation, please contact the City Clerk’s Office, (408) 866-2117, at least one week in advance of the meeting.
City
Council
Report
TITLE: Proclamation Declaring June 2024 as Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) Pride Month
RECOMMENDED ACTION
That the City Council approve a proclamation declaring June 2024 as Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) Pride Month in the City of Campbell.
DISCUSSION
Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) Pride Month is currently celebrated each year in the month of June. The movement towards equal rights for LGBTQ+ people, began with a historic turning point which occurred on June 28, 1969, in New York City, with the Stonewall Riots. An event that continues to inspire us to live up to our Nation’s promise of equality, liberty, and justice for all.
Pride Month is both a jubilant communal celebration of visibility and a personal celebration of self -worth and dignity. During this month we are reminded that our remarkable diversity is a gift that makes all of us stronger. We celebrate the resilience of the LGBTQ+ community and their hard -won victories to advance acceptance and equality and we stand together to defend and build on the progress of the LGBTQ+ community toward a better, more inclusive, and safer future for all of us.
The City of Campbell recognizes the valuable contributions of LGBTQ+ individuals in our community and we reaffirm our commitment to standing in solidarity with the LGBTQ+ community.
FISCAL IMPACT
There is no fiscal impact associated with approving this proclamation.
Prepared by:
Kristen Epolite, Deputy City Clerk
Item: 1
Category: SPECIAL PRESENTATIONS
AND PROCLAMATIONS
Meeting Date: June 18, 2024
1 Packet Pg. 6
Proclamation LGBTQ Pride Month June 2024 Page 2 of 2
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Proclamation - LGBTQ+ Pride month 2024
1 Packet Pg. 7
Reviewed by:
Andrea Sanders, City Clerk
PROCLAMATION OF THE
MAYOR OF THE CITY OF CAMPBELL
WHEREAS, Pride Month is currently celebrated each year in the month of June; and
WHEREAS, the movement toward s equal rights for lesbian, gay, bisexual, transgender, and queer (LGBTQ+) people, began with a historic turning point which occurred on June 28, 1969, in New York City, with the Stonewall Riots , an event that continues to inspire us to live up to our Nation’s promise of equality, liberty, and justice for all; and
WHEREAS, pride is both a jubilant communal celebration of visibility and a personal celebration of self -worth and dignity, this Pride Month we recognize the valuable contributions of LGBTQ+ individuals across Campbell and we reaffirm our commitment to standing in solidarity with LGBTQ+ persons in their ongoing struggle against discrimination and injustice.
WHEREAS, the City of Campbell recognizes the resilience and determination of the many individuals who are fighting to live freely and authentically and in doing so are opening hearts and minds and laying the foundation for a more just and equitable City.
NOW, THEREFORE, I, Susan M. Landry , Mayor of the City of Campbell, do hereby proclaim June 20 24 as Lesbian, Gay, Bisexual, Transgender and Queer Pride Month in the City of Campbell.
WITNESS MY HAND AND SEAL OF THE CITY OF CAMPBELL this
18th day of June, 2024.
Susan M. Landry, Mayor
City of Campbell, California
1.a
Packet Pg. 8
Attachment: Proclamation - LGBTQ+ Pride month 2024 (Proclamation LGBTQ Pride Month June 2024)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, June 4, 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
Mayor Landry led the Pledge of Allegiance.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no special presentations and proclamations.
COMMUNICATIONS AND PETITIONS
There were no communications and petitions.
ORAL REQUESTS
Joseph R., Campbell resident, stated concerns with people swimming in the Los Gatos Creek, people parking late at night at John D. Morgan Park, and leaving their trash and dogs off leash at the park.
2 Packet Pg. 9
Minutes Acceptance: Minutes of Jun 4, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 4, 2024 City Council Meeting Page 2
COUNCIL ANNOUNCEMENTS
Flag Day in the United States, a day honoring the national flag, observed on June 14 to celebrate the symbolism and history of the American Flag. The holiday commemorates the date in 1777 when the United States approved the design for its first national flag.
Due to the high temperatures, through Thursday, June 6 , the Campbell Community Center Cooling Center is open for the public to use from 12:00-7:00 pm in Room Q80 which is located across from the pool. Tables and chairs are provided in the air - conditioned space. Attendees should bring a book or a quiet activity that is not disruptive to others.
The Campbell Police Department will be taking part in the annual Law Enforcement Torch Run on Friday, June 28 at 10:00 am. Each year, hundreds of law enforcement personnel participate to bring awareness and raise funds for the Special Olympics.
Keep a look out on social media for additional information about this event.
The City Clerk’s office is accepting applications for the Planning and Civic Improvement Commissions and the Bicycle and Pedestrian Advisory Committee. To find out more, please contact the City Clerk’s office at (408) 866 -2117 or visit the city’s website at campbellca.gov. The deadline to apply is Friday, August 2.
Sign up for summer reading at the Campbell Express Library. It’s fun, there’s prizes and events, it is free and open to all ages. Register online at sccld.org
New this summer in lieu of the Wave practice held September through May, the Community Center is offering the Wave Clinic. The Wave Clinic will occur on Tuesday, Thursday, and Friday each week and will provide swimmers with instruction to improve endurance, timing and stroke techniques. To find out more, please visit the City’s website at campbellca.gov.
The Campbell Adult Center offers a range of supportive services for older adults and their families, such as: case management, health insurance advocacy, free legal services, caregiving consultations and technology tutoring. Services are free of charge and do not require Adult Center membership. For more information or to schedule an appointment, contact the Adult Center at (408)866-2146.
CONSENT CALENDAR
Mayor Landry asked if anyone wished to remove an item from the Consent Calendar.
Councilmember Scozzola commented on Item 11 thanking City staff for helping to negotiate the rent stabilization agreement.
Councilmember Bybee commented on Item 11 stating that the City has been a third party to this agreement for many years, and there isn’t a need for the City to be included. She requested that the two parties negotiate themselves the next cycle without City involvement.
2 Packet Pg. 10
Minutes Acceptance: Minutes of Jun 4, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 4, 2024 City Council Meeting Page 3
The Consent Calendar was considered as follows:
1. Minutes of City Council Executive Session Meeting of May 21, 2024 Recommended Action: Approve the executive session meeting minutes of May 21, 2024.
This action approves the executive session meeting minutes of May 21, 2024.
2. Minutes of City Council Regular Meeting of May 21, 2024 Recommended Action: Approve the regular meeting minutes of May 21, 2024.
This action approves the regular meeting minutes of May 21, 2024.
3. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $630,365.65.
This action approves the bills and claims in the amount of $630,365.65 as follows: bills and claims checks dated April 22, 2024, in the amount of $2,756,962.79; payroll checks dated April 25, 2024, in the amount of $34,696.62; and bills and claims checks dated April 29, 2024, in the amount of $1,480,481.74
4. Monthly Investment Transactions Report (April 2024)
Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for April 2024.
This action reviews and accepts the Monthly Investment Transactions Report for April 2024.
5. Monthly Treasurer's Report (April 2024)
Recommended Action: That the City Council review and accept the Monthly Treasurer’s Report for the month ended April 30, 2024.
This action reviews and accepts the Month Treasurer's Report for the month ended April 30, 2024.
6. Resolution Authorizing Contract with the County of Santa Clara to Provide a Senior Nutrition Program for Fiscal Year 2024 -25 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving a contract and authorizing the City Manager to execute the contract with the County of Santa Clara for the provision of congregate meal services and providing funding for Campbell's Senior Nutrition Program for Fiscal Year 2024 -
25. Resolution 13160 a pproves a contract and authorizes the City Manager to execute the contract with the County of Santa Clara for the provision of congregate meal services and providing funding for Campbell's Senior Nutrition Program for Fiscal Year 2024-25.
7. Agreement with MoonChef, LLC to Provide Catered Meals for the Senior Nutrition Program for Fiscal Year 2024-25 (Resolution/Roll Call Vote) 2 Packet Pg. 11
Minutes Acceptance: Minutes of Jun 4, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 4, 2024 City Council Meeting Page 4
Recommended Action: That the City Council adopt a Resolution approving an agreement and authorizing the City Manager to execute the agreement with MoonChef, LLC to provide catered meals for the Senior Nutrition Program during Fiscal Year 2024-25.
Resolution 13161 approves an agreement and authorizes the City Manager to execute the agreement with MoonChef, LLC to provide catered meals for the Senior Nutrition Program during Fiscal Year 2024-25.
8. Ordinance 2307 Adopting FY 2025 Business License Tax Rates (Ordinance/Roll Call Vote)
Recommended Action: That the City Council take second reading to adopt Ordinance 2307 amending provisions of the Campbell Municipal Code to revise the business license tax rates, effective in Fiscal Year (FY) 2025.
Ordinance 2307 amends provisions of the Campbell Municipal Code to revise the business license tax rates, effective in Fiscal Year (FY) 2025.
9. Preliminary Approval of Engineer’s Report and Adoption of Resolution of Intention, Lighting and Landscaping District LLA -1, Fiscal Year (FY) 2024 - 25 and Set Time and Place for Public Hearing (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution preliminarily approving the Engineer’s Report for the annual levy and collection of assessments for City of Campbell Lighting District LLA-1 for Fiscal Year 2024-25; and adopt a resolution declaring Council’s intention to levy and collect assessments within the City of Campbell Lighting District LLA -1 for (FY) 2024-25 and setting forth the time and place for a required Public Hearing.
Resolution 13162 adopts a preliminarily approval of the Engineer’s Report for the annual levy and collection of assessments for City of Campbell Lighting District LLA-1 for Fiscal Year 2024-25.
Resolution 13163 declares Council’s intention to levy and collect assessments within the City of Campbell Lighting District LLA-1 for (FY) 2024-25 and sets forth the time and place for a required Public Hearing.
10. Approval of Authorization Agreement Between the City of Campbell and the West Valley Solid Waste Management Authority and Authorization for City Manager to Sign the Authorization Agreement (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution approving an Authorization Agreement between the City and the West Valley Solid Waste Management Authority (WVSWMA) for the WVSWMA to enter into a Countywide Food Recovery Program and authorizing the City Manager to execute said agreement and future extensions and amendments.
Resolution 13164 approves an Authorization Agreement between the City and the West Valley Solid Waste Management Authority (WVSWMA) for the WVSWMA to enter into a Countywide Food Recovery Program and authorizes the City Manager to execute said agreement and future extensions and amendments.
2 Packet Pg. 12
Minutes Acceptance: Minutes of Jun 4, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 4, 2024 City Council Meeting Page 5
11. Mobile Home Rent Stabilization Tri -Partite Agreement (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving a Tri - Partite Mobile Home Rent Stabilization Agreement and authorizing the City Manager to execute the agreement between Timber Cove Mobilehome Community Joint Venture dba Timber Cove Mobilehome Community, the Timber Cove Homeowners Association, and the City of Campbell.
Resolution 13165 approves a Tri -Partite Mobile Home Rent Stabilization Agreement and authorizes the City Manager to execute the agreement between Timber Cove Mobilehome Community Joint Venture dba Timber Cove Mobilehome Community, the Timber Cove Homeowners Association, and the City of Campbell.
M/S: Furtado/Scozzola – That the City council approve the Consent Calendar. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Scozzola
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
12. Introduction of Proposed Fiscal Year (FY) 2025 Operating Budget and 2025 - 2029 Five-Year Capital Improvement Plan (CIP)
Recommended Action: That the City Council review the Proposed Fiscal Year (FY) 2025 Operating Budget and 2025 -2029 Capital Improvement Plan (CIP) as presented; provide direction to staff to proceed with finalizing the budget; and establish June 18, 2024 as the date for a public hearing and adoption of the FY 2025 Operating Budget and CIP, as well as the Gann Appropriations Limit.
City Manager Loventhal provided an introduction and overview of the item. He discussed significant changes since the May 7 Study Session and noted the corrective strategies incorporated in FY 2025 to address any deficits.
While discussing details related to ARPA funds, City Manager Loventhal noted the Campbell PDA Enhancements and City Facilities Roof Replacement projects were removed from proposed uses of ARPA funds.
Finance Director Fuentes presented a financial overview, highlighting major factors contributing to Fiscal Year 2025, a long -range forecast, and information on General Fund Reserves.
Assistant Finance Director Vong provided an overview of the City’s Capital Improvement Plan (CIP) for FY2025 -2029, and noted significant changes from the May 7 Budget Study Session.
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Minutes Acceptance: Minutes of Jun 4, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 4, 2024 City Council Meeting Page 6
The City Council asked questions related to staff workplans, Police recruitments, various positions such as the Economic Development Manger, CalPers, City Reserves and turf conversion projects.
Mayor Landry opened the public hearing and asked if anyone wished to speak.
There were no public speakers.
After discussion, the City Council agreed with the FY 2025 – 2029 CIP presented by staff at the June 4 Introduction and requested no changes.
Councilmember Furtado requested future discussions on the Reserve funds and the potential of various reserve accounts.
The City Council discussed ARPA funding and noted the importance of identifying the projects that Council may want to implement. They discussed using ARPA money to fund Campbell PDA Enhancements and City Facilities Roof Replacement.
Staff confirmed that they will return at a future date to hold additional ARPA discussions.
After discussion, M/S: Lopez/Scozzola – That the City Council review the Proposed Fiscal Year (FY) 2025 Operating Budget and 2025 -2029 Capital Improvement Plan (CIP) as presented; provide direction to staff to proceed with finalizing the budget; and establish June 18, 2024 as the date for a public hearing and adoption of the FY 2025 Operating Budget and CIP, as well as the Gann Appropriations Limit. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Scozzola
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
The City Council took a 5-minute recess and reconvened at 9:15 p.m.
NEW BUSINESS
13. Authorization to Extend the Existing Master Equity Lease Agreement with Enterprise Fleet Management for the Replacement of City Vehicles and Approve the Issuance of Subsequent Purchase Orders for Their Associated Leasing Costs (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing: 1) an extension of the existing Master Equity Lease Agreement with Enterprise Fleet Management (Enterprise) for the replacement of City vehicles; 2) the issuance of a purchase order with Enterprise, in the amount of $193,000, for FY 2024/25 as programmed in the Public Works - Vehicle and Equipment Maintenance Operating Budget; 3) the issuance of subsequent purchase orders over four (4) additional years, in the total amount of up to $9 28,000; and 4) the City Manager 2 Packet Pg. 14
Minutes Acceptance: Minutes of Jun 4, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 4, 2024 City Council Meeting Page 7
to execute the individual lease agreements for additional vehicles replaced through Enterprise and as specified in Campbell Municipal Code Section
3.20.100.
Public Works Director Capurso presented a staff report dated June 4, 2024.
Following Council questions, Mayor Landry asked if anyone wished to speak.
There were no public speakers.
After discussion, M/S: Scozzola/Lopez – That the City Council adopt resolution 13166 authorizing: 1) an extension of the existing Master Equity Lease Agreement with Enterprise Fleet Management (Enterprise) for the replacement of City vehicles; 2) the issuance of a purchase order with Enterprise, in the amount of $193,000, for FY 2024/25 as programmed in the Public Works - Vehicle and Equipment Maintenance Operating Budget; 3) the issuance of subsequent purchase orders over four (4) additional years, in the total amount of up to $928,000; and 4) the City Manager to execute the individual lease agreements for additional vehicles replaced through Enterprise and as specified in Campbell Municipal Code Section 3.20.100.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Lopez
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
14. Heritage Theatre General Fund Policy (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution eliminating the $200,000 General Fund subsidy limit for the Heritage Theatre operations effective FY25.
Recreation and Community Services Director Bissell presented a staff report dated June 4, 2024.
Following Council questions, Mayor Landry asked if anyone wished to speak.
There were no public speakers.
After discussion, M/S: Scozzola/Bybee – That the City Council adopt resolution 13167 eliminating the $200,000 General Fund subsidy limit for the Heritage Theatre operations effective FY25. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
UNFINISHED BUSINESS
There was no unfinished business.
2 Packet Pg. 15
Minutes Acceptance: Minutes of Jun 4, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 4, 2024 City Council Meeting Page 8
COUNCIL COMMITTEE REPORTS
15. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Councilmember Furtado attended Silicon Valley Interoperability Authority; and West Valley Solid Waste Authority.
Vice Mayor Lopez thanked everyone who came to the League of Cities presentation of proposed legislation.
Councilmember Bybee reminded the City Council of the Cities Association General Membership Meeting on Thursday, June 13, 2024; attended the Silicon Valley Animal Control Authority board meeting; ribbon cutting for Dopio O; Campbell Memorial Day ceremony and the Police Department promotional ceremony.
Mayor Landry attended the League of Cities; West Valley Mayors and Managers; ribbon cutting for Dopio O; Campbell Public Works BBQ at Edith Morley Park; Campbell Memorial Day ceremony; ribbon cutting for Synergy Adult Care; will attend the library groundbreaking for their new building “The Nest” on Thursday, June 13, 2024 at 11am; hosting the Downtown Campbell Business Association on Friday, June 7, 2024 in the Council Chambers; Education Committee Meeting, although no quorum they gave feedback and share.
ADJOURN
Mayor Landry adjourned the meeting at 9:47 p.m.
APPROVED:
ATTEST:
Susan M. Landry, Mayor
Andrea Sanders, City Clerk
2 Packet Pg. 16
Minutes Acceptance: Minutes of Jun 4, 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 $2,708,410.20.
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 May 20, 2024 $2,264,178.58
Payroll May 23, 2024 $118,980.06
Bills & Claims May 27, 2024 $325,251.56
Total $2,708,410.20
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: 3
Category: CONSENT CALENDAR
Meeting Date: June 18, 2024
3 Packet Pg. 17
Approving Bills and Claims Page 2 of 2
Approved by:
Brian Loventhal, City Manager
3 Packet Pg. 18
City
Council
Report
TITLE: Approval of Transportation Development Act (TDA) Article 3 Grant Application for Fiscal Year 2024/25 (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution authorizing the Public Works Director to submit a grant application to the Santa Clara Valley Transportation Authority (VTA) for $61,847 in Fiscal Year (FY) 24/25 Transportation Development Act (TDA) Article 3 Guarantee Funds for the Pruneyard Creek Trail Project.
BACKGROUND
On an annual basis, the Metropolitan Transportation Commission (MTC) allocates Transportation Development Act (TDA) Article 3 funds to San Francisco Bay Area cities and counties for the purpose of funding pedestrian and bicycle facility projects. TDA funds are acquired from statewide retail and gasoline/diesel fuel sales taxes. “Article 3” refers to the portion of the Act involving pedestrian and bicycle projects. TDA “guarantee” funds are apportioned to each city or county based on population. The TDA Article 3 funds are guaranteed in that the grant process is noncompetitive. Past TDA - funded projects include the recent Harriet Avenue Sidewalk Project.
On October 18, 2016, the City Council adopted Resolution No. 12068 approving a Master Use Permit for the Pruneyard Shopping Center Expansion. The resolution included Condition of Approval requiring the provision of bike path design improvements from the Los Gatos C reek Trail to Campbell Avenue via Caltrans right-of-way east of State Route 17. The project was subsequently added to the City’s Capital Improvement Program (CIP) as The Pruneyard Creek Trail Extension Project 23-LL.
On March 21, 2024, staff presented to the Campbell Bicycle and Pedestrian Advisory Committee (BPAC) the Pruneyard Creek Trail Project.
On April 3, 2024, staff presented to the Campbell Parks and Recreation Commission the Pruneyard Creek Trail Project.
On May 16, 2024, the BPAC approved submitting the Pruneyard Creek Trail Project as the City of Campbell’s project to receive the Fiscal Year (FY) 2024/25 TDA Article 3 Grant.
Item: 4
Category: CONSENT CALENDAR
Meeting Date: June 18, 2024
4 Packet Pg. 19
TDA Grant Application Page 2 of 3
DISCUSSION
Application for TDA Article 3 Guaranteed Funds for FY 2024/25 The Proposed Pruneyard Creek Trail would connect the existing Los Gatos Creek Trail spur adjacent to the Pruneyard Shopping Center parking garage to the portal on the north side of East Campbell Avenue. The project would provide a safe, continuous connection from the Los Gatos Creek Trail to East Campbell Avenue (see Attachment B). Current access to East Campbell Avenue from the Los Gatos Creek Trail requires bicyclists and pedestrians to utilize active parking lots on the north side of East Campbell Avenue either within the Pruneyard Shopping Center or at the Campbell Inn, or travel through Campbell Park on the south side of East Campbell Avenue.
Staff has been working collaboratively with Caltrans and Pruneyard ownership on a design that will provide a dedicated pathway for both bicyclists and pedestrians along the Highway 17 frontage and will meet Caltrans requirements. The final design will be presented to City Council later this calendar year.
FISCAL IMPACT
Approval of the submittal of a grant application for $61,847 in TDA Article 3 funds would allow the City to receive a total of $61,847 in guaranteed TDA funds. No local match is required.
ALTERNATIVES
Do not authorize the submittal of a TDA grant application for $61,847 for FY 2024/25 TDA Article 3 guaranteed funds for the Pruneyard Creek Trail Project. This alternative is not recommended since TDA funds since this project is ready to be constructed and needs additional construction funds.
Prepared by:
Matthew Jue, Traffic Engineer
Reviewed by:
Todd Capurso, Director of Public Works
4 Packet Pg. 20
TDA Grant Application Page 3 of 3
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution & Attachments
b. Site Map - Pruneyard Creek Trail
4 Packet Pg. 21
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SUBMIT AN APPLICATION FOR FISCAL YEAR 2024/25 TRANSPORTATION DEVELOPMENT ACT (TDA)
FUNDS FOR THE PRUNEYARD CREEK TRAIL PROJECT
WHEREAS, the City of Campbell was awarded $61,847 in TDA Article 3 guaranteed funds for Fiscal Year (FY) 2024/25; and
WHEREAS, staff recommends submitting a TDA Article 3 grant application for $61,847 for FY 2024/25 TDA Article 3 guaranteed funds for the Pruneyard Creek Trail Project; and
WHEREAS, members of the Campbell Bicycle and Pedestrian Advisory Committee (BPAC) approved submitting the Pruneyard Creek Trail Project as the City of Campbell’s project to receive the Fiscal Year (FY) 2024/25 TDA Article 3 Grant; and WHEREAS, the ability to obtain funding approval requires City Council endorsement of the project; and
WHEREAS, the Metropolitan Transportation Commission (MTC) requires the City of Campbell to use language from MTC’s Model Governing Body Resolution in this resolution to obtain MTC’s funding approval; and
WHEREAS, MTC requires an Attachment A, “Findings”, and an Attachment B, “Project Application”; and
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the City of Campbell desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this
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Attachment: Resolution & Attachments (TDA Grant Application) resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the Public Works Director is hereby authorized to submit a TDA grant application for Fiscal Year 2024/25 to the Valley Transportation Authority to obtain $61,847 in TDA guaranteed funds for the Pruneyard Creek Trail Project; and
BE IT FURTHER RESOLVED that the City of Campbell declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Campbell to carry out the project; and
BE IT FURTHER RESOLVED that on May 16, 2024, the Bicycle and Pedestrian Advisory Committee (BPAC) of the City of Campbell approved submitting the Pruneyard Creek Trail Project as the City of Campbell’s project to receive $61,847 in Fiscal (FY) 24/25 TDA Article 3 guaranteed funds; and
BE IT FURTHER RESOLVED that the City of Campbell attests to the accuracy of and approves the statements in Attachment A to this resolution; and
BE IT FURTHER RESOLVED that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the Santa Clara County Congestion Management Agency for submission to MTC as part of the countywide coordinated TDA Article 3 claim.
PASSED AND ADOPTED this 18th day of June, 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
APPROVED:
Attest:
Susan M. Landry, Mayor
Andrea Sanders, City Clerk
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Attachment: Resolution & Attachments (TDA Grant Application) November 2022 TDA Article 3 Model Resolution Page 4
Resolution No.
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024/25 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings
1. That the City of Campbell is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Campbell legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.
2. That the City of Campbell has committed adequate staffing resources to complete the project(s) described in Attachment B.
3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).
4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.
5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).
6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).
7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Campbell within the prior five fiscal years.
8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.
9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.
10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).
11. That the City of Campbell agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.
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Attachment: Resolution & Attachments (TDA Grant Application) November 2022 TDA Article 3 Model Resolution Page 5
Construct Pruneyard Creek Trail Project 23-LL between existing Los Gatos Creek Trail and East Campbell Avenue.
CON phase for Pruneyard Creek Trail Project 23-LL.
Resolution No. page of
Attachment B
TDA Article 3 Project Application Form
1. Agency City of Campbell
2. Primary Contact Matthew Jue
3. Mailing Address 70 North First Street, Campbell, CA 95008
4. Email Address [email protected] 5. Phone Number 408-866-2154
6. Secondary Contact (in
the event primary is
not available)
Todd Capurso
7. Mailing address (if
different) N/A☐
8. Email Address [email protected] 9. Phone Number 408-866-2150
10. Send allocation
instructions to (if
different from above):
11. Project Title Campbell Bicycle and Pedestrian FY 24/25 Project
12. Amount requested $61,847 13. Fiscal Year of
Claim
2024/25
14. Description of Overall Project:
15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)
16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:
Project Relation to Regional Policies (for information only)
17. Is the project in an Equity Priority Community? Yes☐ No☒
18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No☒ See attached Project Vicinity Map
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Attachment: Resolution & Attachments (TDA Grant Application) November 2022 TDA Article 3 Model Resolution Page 6
19. Project Budget and Schedule
Project
Phase TDA 3 Other Funds Total Cost Estimated Completion (month/year)
Bike/Ped
Plan
ENV
PA&ED
PS&E
ROW
CON 61,847 450,153 512,000 6/2027
Total Cost 61,847 450,153 512,000 6/2027
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐ If “YES,” identify the date and provide a copy or link to the agenda.
If "NO," provide an explanation).
B. Has the project been approved by the claimant's governing body? Yes☐ No☒ If "NO," provide expected date: June 18,2024
C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐ pursuant to Chapter 1000 of the California Highway Design Manual? E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☐ No☒ Existing Facility?
2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☒ No☐ Cite the basis for the exemption. Class 1 (§15301, minor alteration of existing facilities) Class 3 (§15303, new construction of minor structures), and Class 4 (§15304, minor alterations to land. N/A☐ If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.
F. Estimated Completion Date of project (month and year): June 2027 G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐ the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.
H. Is a Complete Streets Checklist required for this project ? Yes☐ No☒ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/complete-streets
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Attachment: Resolution & Attachments (TDA Grant Application) Portals
Project
East Campbell Avenue
South Bascom Avenue
Existing Trail
Connection to
The Pruneyard
Proposed Trail Extension to East Campbell Avenue
CAMPBELL
PARK
Existing Alternate
Connection to East
Campbell Avenue
Existing Alternate
Connection to East
Campbell Avenue
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Attachment: Site Map - Pruneyard Creek Trail (TDA Grant Application) City
Council
Report
TITLE: Destruction of Certain City Records (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution authorizing the destruction of certain City records pursuant to the California Government Code Section 34090.
DISCUSSION
Each department conducts an annual audit of files and submits a list of records which are eligible for destruction consistent with the City’s Records Retention Schedule . The City’s records retention program, last amended on April 16, 2002, by resolution 9999, establishes the retention period for City records and provides for the destruction of obsolete records. Additionally, permanent records that have been document imaged in accordance with the guidelines stipulated in Administrative Policy #03-50 may also be destroyed. The attached resolution conforms to Government Code Section 34090 allowing the destruction of certain records with the consent of the City Attorney and approval of the City Council.
FISCAL IMPACT
There is no fiscal impact associated with this recommendation.
Prepared by:
Andrea Sanders, City Clerk
Approved by:
Item: 5
Category: CONSENT CALENDAR
Meeting Date: June 18, 2024
5 Packet Pg. 28
Brian Loventhal, City Manager
Destruction of Certain City Records Page 2 of 2
Attachment:
a. Resolution
b. Exhibit A
c. Exhibit B - Community Development Imaged Documents
d. Exhibit C - PW Encroachment Files
e. Records Retention Schedule
5 Packet Pg. 29
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS
WHEREAS, Government Code Section 34090 et seq. authorizes City Department Heads to destroy certain records, documents, instruments, books or paper after the same are no longer required and/or have been digitally imaged, stored on CD/DVD medium and secured off -site in accordance with State law and the City of Campbell’s Records Retention Schedule and Document Imaging Administrative Policy and with the approval of the legislative body by resolution and the written consent of the City Attorney; and WHEREAS, the City Council proposes to grant such approval for the destruction of the records, documents, instruments, books, or papers more particularly descr ibed in the attached Exhibits A, B and C, which have been determined by the respective Department Head to be no longer required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby authorize City Department Heads to destroy those certain records, documents, instruments, books or paper under their charge as described in the attached Exhibits A, B and C.
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 (Destruction of Certain City Records)
CITY MANAGER
Bulletins (Legislative) Prior to 7/1/2021
Budget Related Files Prior to 7/1/2021
Capital Improvement Program - Working Files Prior to 7/1/2021 City Newsletter (The Profile) Prior to 7/1/2020
City Calendars Prior to 7/1/2021
Civic Improvement Commission - Agenda Materials Prior to 7/1/2021 Correspondence Prior to 7/1/2020
Position on Legislation Prior to 7/1/2021
Purchase Orders / Blanket Purchase Orders Prior to 7/1/2019 Social Service Sub-Grant Applications Prior to 7/1/2019 Special Projects Prior to 7/1/2021
Travel Records (Council and City Manager) Prior to 7/1/2021
CITY CLERK
Claims Against City Prior to 2016
Agenda Postings Prior to 2021
General Correspondence Prior to 2021
City Council Meeting Follow-up Prior to 2021
FPPC - Statement of Economic Interest -
Terminated Elected Officials Prior to 2015
Designated Employees Prior to 2017
Petty Cash Reimbursement Request Prior to 2021
Purchase Orders/Blanket P.O.’s (dupl) Prior to 2021
Check Requests Prior to 2021
HUMAN RESOURCES
Classification Studies Prior to 2014
Correspondence Prior to 2022
I-9: Temporary: I-9’s for temporary terminated employees 3 years Prior to 2022 after the term date.
I-9: Permanent: I-9’s for permanent terminated employees 3 years Prior to 2022 after term date.
Temporary Files: T + 6 years per the schedule. Prior to 4/1/2018 All Term Files containing Termination year 4/1/17 and prior Recruitment/Testing Files: CL + 2 Prior to 2022
5.b
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Attachment: Exhibit A (Destruction of Certain City Records)
COMMUNITY DEVELOPMENT
FILES IMAGED BY THE COMMUNITY DEVELOPMENT DEPARTMENT
SEE EXHIBIT B FOR DETAILED LISTING
FINANCE
ACCOUNTING
Record Series Destruction
Eligibility
Date
Retention Citation Descriptor
Accounts Payable Prior to 2019 AU + 4 GC34090 Invoices, check copies, supporting Documentation
Purchase Orders Prior to 2019 AU + 4 GC34090;
CCP 337
Original Documentation
Warrant (Check)
Register
Prior to 2019 AU + 4 GC34090.7 N/A
Accounts
Receivable
Prior to 2019 AU + 4 GC34090 N/A
Billing Records Prior to 2019 AU + 4 GC34090 Customer name, service address, meter reading, usage,
payments, applications /
cancellations
Business Licenses Prior to 2019
only if business
is closed
T + 4 GC34090;
CCP 337
Paid & reports
Journal Entries Prior to 2019 AU + 4 GC340090 Account Transfers; Deposits, Receipts Prior to 2019 AU + 4 GC34090:
CCP 337
Checks, coins, currency
Invoices Prior to 2019 AU + 4 GC34090 Billing including monthly activity Taxes Receivable Prior to 2019 AU + 4 CCP338 N/A
BANK STATEMENTS
Record Series Destruction
Eligibility
Date
Retention Citation Descriptor
Account
Statements (Bonds)
Prior to 2013 CL + 10 GC34090:
CCP 337.5
Monthly Statement of
Transactions (Investments
Administration
(Bonds)
Prior to 2013 CL + 10 GC34090:
CCP 337.5
Supporting Documents
Bank Reconciliation Prior to 2018 AU + 5 GC34090
26 CFR
16001-1
Statements, Summaries for
Receipts, Disbursements &
Reconciliation
Bonds & Coupons Prior to 2019 CL + 4 GC34090;
43921
Paid / Canceled
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Attachment: Exhibit A (Destruction of Certain City Records)
Checks Prior to 2018 UA + 5 GC34090;
CCP 337
Includes A/P, Payroll, Cancelled
& Voided Checks
BUDGET & GENERAL
Record Series Destruction
Eligibility
Date
Retention Citation Descriptor
Budget
Adjustments
Prior to 2019 AU + 4 GC34090 Account Transfers
Inventory – Fixed
Assets
Prior to 2019 AU + 4 GC34090:
26 301 65-1
(F)
Reflects Purchase Date, Cost
Account Number
Inventory – Auction Prior to 2019 AU + 4 GC34090 Listing of Property Inventory –
Disposal
Prior to 2019 AU + 4 GC34090;
CCP 337
Reflects Purchase Date, Cost
Account Number
PAYROLL
Record Series Destruction
Eligibility
Date
Retention Citation Descriptor
Adjustments Prior to 2019 AU + 4 GC34090;
29 CFR:
516.5-516.6
Audit Purposes
Federal & State Tax
Reports
Prior to 2019 AU + 4 GC34090;
26 CFR
16001-1*
Forms 1096, 1099, W-4’s & W-2’s,
*26 CFR 31.6001.1-4; IRS REG
31.6001-1(e) (2); R&T 19530;296
CRF 516.5-516.6
RISK MANAGEMENT
Record Series Destruction
Eligibility
Date
Retention Citation Descriptor
Accident Reports –
City Assets
Prior to 2016 CL + 7 29 CFR
1904.2;
29,*
Reports and related records * CFR
1904.6
Claims, Damage /
Liability
Prior to 2016 CL + 7 GC34090;
CG25105.5
Paid / Denied
Incident Reports Prior to 2016 CL + 7 29 CFR
1904.2; 29
CRF 1904.6
Theft, arson, vandalism, property
damage or similar occurrence
(excluding fire/law enforcement
5.b
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Attachment: Exhibit A (Destruction of Certain City Records)
PUBLIC WORKS
Contract Service Agreements (City Clerk has original copies) John Gildea - On call signal timing services -2006
T.Y. Lin Intl - On call signal timing services -2005 Marks Traffic Data Service - 2001 Bay Metrics - Traffic Consultants - 2000
Phase 3 Communications- Fiber Optic Cable Testing -2000 R. W. French Construction - 2003 Sierra Environmental - 2003
Correspondence
General Info - Construction Management 2001 - 2004 Verizon 2007 - 2010 City Bikes 2002 - 2008
Check Requests
APWA 2003 - 2020
Invoices
Office Equipment (various) 2000 - 2010
West Valley Collection/Recycling 2007 - 2009
Miscellaneous
Playground Inspection Report for Campbell Park 2000
Vendor Blanket Purchase Orders
F/Y 2011/2012
F/Y 2012/2013
F/Y 2013/2014
F/Y 2014/2015
F/Y2015/2016
F/Y 2016/2017
F/Y 2017/2018
F/Y 2018-2019
F/Y 2019-2020
THE FOLLOWING LAND DEVELOPMENT FILES HAVE BEEN SCANNED INTO
LASERFICHE AND ELECTRONICALLY MARKED AS CERTIFIED ORIGINAL COPIES
1409 Harriet Ave.
90 N. Second St.
150 Shelly Ave.
1108 Springfield Dr.
65 S. Milton Ave.
1765 Regina Way
1775 Regina Way
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Attachment: Exhibit A (Destruction of Certain City Records)
The following list contains projects that were closed prior to 2014. All plans and specifications have been removed from the files and remain as permanent records.
CIP Files Project Name
CIP#
06-01 Winchester Latimer Signal Modification
06-01 Traffic Sign Upgrade/Winchester, Sunnyoaks
07-03A Bascom Ave./Loretta Lane Street Light Maint.
07-10 San Tomas Expwy/Hamilton Intersection improvement 10-EE Countdown Pedestrian Signal Project
14-DD Winchester Blvd. Signal Timing Project
10-BB Bike Pedestrian Traffic Safety Improvements
ENCROACHMENT PERMIT FILES IMAGED BY THE PUBLIC WORKS DEPARTMENT
SEE EXHIBIT C FOR DETAILED LISTING
PUBLIC WORKS SERVICE CENTER
Events
• Community Garage Sale 2018-2023
• Great America litter pick up 2018-2023
Tree Maintenance
• Street tree & park strip ordinance 2010
• Street tree management systems 1987-89
• Street trees 1990-97
• Street tree municipal code 1983-87
• Tree brochure revision 1994
• Tree preservation policy proposal 1988
• Campbell Community Center Canary Palm Relocation 2011 Vehicle & Equipment
• City pools bicycles
• Electric Vehicle Lease Program
• Fuel analysis 1995
• Fuel dispenser replacement 2016
• Fuel usage reports 1995-2016
• General information 1991-2010
• Pool car mileage reports 1995-2016
• Service Center Generator
• Smog check program 1995-2004
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Attachment: Exhibit A (Destruction of Certain City Records)
• Underground storage tanks 1993-1999
Private Organizations
• Human society
RECREATION AND COMMUNITY SERVICES
Facility Reservations Prior to 6/30/2021
General Files/Correspondence Prior to 6/30/2021
Rec. Liability Release Prior to 6/30/2021
POLICE DEPARTMENT
CITIZEN COMPLAINT AND INTERNAL INVESTIGATIONS
2018 Miscellaneous Complaints
ON-DUTY VEHICLE ACCIDENTS
On-duty accident reports/documentation dated 8/22/17, 3/22/18, 4/18/20, 10/30/20, 1/16/21, 3/23/21, 3-year purge date, absent any additional accidents by the employee.
FORMER EMPLOYEES PERSONNEL FILES
Personnel and background files of former employees that that have been scanned and a back-up file created and stored off-site.
POLICE REPORTS, AND OTHER FILES TO BE PURGED
Ride-a-long Applications that are more than 2 years old.
Background checks that are more than 2 years old.
Arrest Logs more than 2 years old.
Traffic, parking, and warning citations that are more than 1 year old that have been entered into RMS.
Watch Commander Logs that are more than 2 years old.
Warrant worksheets that are closed and are more than 2 years old.
Police Reports from 2021 and earlier with retention period of 2 years:
a) Bench Warrant arrests
b) Warrant Arrests- Outside Agencies felony and misdemeanor- no local charges
c) Marijuana citation arrests - HS 11367(b), HS 11357(c), HS 11357(e) d) Missing Persons or Runaways that have returned or been located e) Non-Criminal Reports- Lost/Found Property, Stored/ Impounded Vehicles/ Abated Vehicles/ Injury Reports and other Information Reports/ Recovered Stolen Vehicle Reports/ Attempted Suicides
Police Reports from 2021 and earlier with a retention period of more than 3 years:
5.b
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Attachment: Exhibit A (Destruction of Certain City Records)
a) Local Ordinance of Muni Code Violations
b) Animal Reports
c) Courtesy Reports for Outside Agencies
d) Non-Criminal Reports – Lost/Found Property, Stored/ Impounded Vehicles/ Death Reports/ Abated Vehicles/ Injury Reports, and other Information Reports/ Recovered Stolen Vehicle Reports/ Mental Disorder Reports (unless repeated contacts)
e) Inactive Misdemeanor crime reports (PC 242, Financial crimes excluding embezzlement), drug related charges, non-injury Hit and Run accidents
Police Reports from 2021 and earlier with a retention period of more than 3 years:
PD Explorer applications that are more than 2 years old
SWAT Operational Plans that are more than 2 years old
POST Reimbursement Reports 2021 or older
Training Packets 2021 or older
All Permit applications/denials/expired 2021 or older. All Permits issued to businesses that are now out of business. These include any and all permit categories listed in the PD Permit list My Government Online.
Background files of former police department employees with separation dates of 2021 and older that have been scanned and a back -up file has been created and stored off - site.
Dispatch audio recordings from 2021
Daily Observation Reports from 2021 or older that have been scanned and a back-up file has been created and stored off site
ABC Licenses 2021 or older
Police Officer/Police Officer Trainee Applications and associated notes and lists 2021 and older
DOJ Firearms Sales Approvals 2021 or older
AVASA paperwork from 2020 or older
5.b
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Attachment: Exhibit A (Destruction of Certain City Records)
CONFIDENTIAL INFORMANT FILES
ANI-492 signed-up on 02/02/1995
ANI-500 signed-up on 04/14/1995
STI-652 signed-up on 01/11/2001
STI-653 signed-up on 01/25/2001
STI-658 signed-up on 02/27/2001
STI-659 signed-up on 03/08/2001
STI-666 signed-up on 06/01/2001
STI-671 signed-up on 10/23/2001
STI-673 signed-up on 12/04/2001
STI-678 signed-up on 04/03/2002
STI-680 signed-up on 05/31/2002
STI-681 signed-up on 07/24/2002
STI-691 signed-up on 02/11/2003
STI-693 signed-up on 03/18/2003
STI-697 signed-up on 07/08/2003
STI-698 signed-up on 08/27/2003
STI-699 signed-up on 09/17/2003
STI-700 signed-up on 10/31/2003
STI-701 signed-up on 11/25/2003
STI-702 signed-up on 12/17/2003
STI-703 signed-up on 01/13/2004
STI-704 signed-up on 01/22/2004
STI-705 signed-up on 02/03/2004
STI-708 signed-up on 03/24/2004
STI-710 signed-up on 04/14/2004
STI-711 signed-up on 07/25/2005
STI-714 signed-up on 06/01/2004
STI-716 signed-up on 06/23/2004
STI-717 signed-up on 08/18/2004
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Attachment: Records Retention Schedule (Destruction of Certain City Records) City
Council
Report
TITLE: Approve Contract Amendment with Good City Co Consultants for Economic Development Consultant Services (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution approving a contract amendment with Good City Company for Economic Development Consulting services and dispense with bidding requirements.
BACKGROUND
With the vacancy of the Economic Development Specialist position in 2022 , the City entered into a Consultant Services Agreement (Attachment E) with Good City Company on August 16, 2022 to retain and provide economic development consulting services to ensure the business continuity of the City of Campbell’s Economic Development program.
On January 23, 2023 a contract amendment (Attachment D) was approved effectively extending Good City’s contract through June 30, 2024 with a not to exceed amount of $280,800. On February 29, 2024 a second contract amendment (Attachment C) was approved to include the additional resource of an Economic Development Associate within the contract and to further expand the scope of service by the consultant.
Both initial contract amendments allowed the contracted Economic Development consultant to successfully implement the following actions for the City’s Economic Development program:
• Completion and adoption of the 2024 Economic Development Plan. • Construction and completion of the Semi-Permanent Parklet and associated grant program within Downtown.
• Development and deployment of Business Newsletter for Campbell businesses.
• Ongoing business assistance for prospective businesses • Support of the City Manager’s Office in s election of the Campbell’s Farmers Market Administrator
• Audit of the economic development program.
Item: 6
Category: CONSENT CALENDAR
Meeting Date: June 18, 2024
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On April 2, 2024 the City adopted the 2024 Economic Development Plan (“Plan”), that identifies a comprehensive strategy for improving Campbell’s Economic Development program and supporting business development and retention within the city . As part of the Budget process, the City Council has provided positive feedback on hiring an Economic Development Manager to oversee the Plan implementation and the Economic Development program. However, the City will still need time to finalize the job specifications for this new position and complete the recruitment process. In the interim, the City will need ongoing contract Economic Development staffing support to begin implementation of the Plan and to support a future transition to a full-time employee.
DISCUSSION
An approved extension of the contract with Good City Company would allow the current contract Economic Development consultant to:
• Begin implementation of the 2024 Economic Development Plan Revision of Economic Development related website content Develop, maintain, and distribute business related content through social media.
Conduct outreach to developers, brokers, and property owners to assist with bringing in new business or tenants to vacant spaces. • Explore consultant selection to assess feasibility of a Downtown Property - Based Improvement District (PBID)
• Support the completion of an Urban Land Institute (ULI) Technical Assistance Program that focuses on supporting economic development and placemaking in the Downtown area.
• Assist with development of a Downtown Trash Management Program. • Support marketing and branding focusing on concepts identified during the Economic Development Plan and supporting the Dell / McGlincy Area. • Assist with recruitment of prospective Economic Development Manager • Assist with ongoing Economic Development related initiatives as needed.
The original intent of the agreement with Good City Company was to provide temporary economic development consulting services to support development of a new Economic Development Plan and implementation of the Downtown Parklet program . As the City is now starting implementation of the 2024 Economic Development Plan which includes more comprehensive program enhancements, as identified above, the level of staff support needed from Good City is expected to increase. This increase in staff support (approximately 10% in staff time) will maintain momentum in implementing the Economic Development Plan and allow a smooth transition from the contract Economic Development staff to a future Economic Development Manager. 6 Packet Pg. 123
Approve Contract Amendment with Good City Co for Economic Development Consultant Services
In summary, staff proposes increasing the current agreement not to exceed amount from $280,800 to $370,800; thereby requiring approval by the City Council. Please see Attachment A for the contract amendment.
CMC Section 3.20.030 authorizes the City to dispense with the formal bidding process if certain conditions are met. CMC Section 3.20.030 allows, when applicable, that the bidding procedures may be dispensed with when any one of eight potential circumstances are found to exist. Staff has found that the following circumstances as specified in CMC Section 3.20.030 (4) to exist, thereby warranting the bidding procedures to be dispensed with:
• The city seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrative or other matters from persons specially trained, experienced and competent to perform the special services required;
Good City Company has unique and special extensive knowledge of Campbell’s community and has been able to address the City’s Economic Development needs due to this extensive and special knowledge and as such meets the criteria specified in CMC Section 3.20.030 to dispense with the formal bidding procedures due to the special Economic Development knowledge and consultation services that Good City Company provides.
Along with recommending continuing the retention of economic development consulting services with Good City Company, staff also recommends extending the Consultant Service Agreement with a contract term end date of December 31, 2024 with an option to extend an addition al three (3) months and that the City Council adopt a Resolution (Attachment A) approving the contract and authorizing the City Manager to execute a third contract amendment with Good City Company for economic development consultant services and dispense with bidding requirements as authorized by Campbell Municipal Code Section 3.20.030(4) for specialized services.
FISCAL IMPACT
The City currently has a contractual agreement with Good City Company to provide economic development consulting services in an amount not to exceed $280,800.
Through resolution (Attachment A) staff is request that the agreement with Good City Company be amended to $370,800 to account for necessary services through FY 2025.
No budget adjustment is required at this time as $90,000 were allocated in FY 2025 in anticipation of these needed services.
ALTERNATIVES
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1. Do not approve the request for contract amendment but instead direct staff to look at other options to cover daily payroll operations.
2. Provide staff with other direction.
Prepared by:
Ken Ramirez, Administrative Analyst
Reviewed by:
Rob Eastwood, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution - Good City Third Contract Amendment
b. Third Amendment to Good City Contract
c. Second Amendment to Good City Contract
d. First Contract Amendment - CC Resolution 12933
e. Economic Development Consultant - Good City CSA 8.16.22 6 Packet Pg. 125
RESOLUTION NO.
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL TO APPROVE A CONTRACT
AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT WITH GOOD CITY; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE, AND EXECUTE A THIRD
AMENDMENT TO THE CONSULTANTS SERVICES
AGREEMENT WITH GOOD CITY FOR ECONOMIC
DEVELOPMENT CONSULTING SERVICES, AND DISPENSE
WITH BIDDING REQUIREMENTS AS AUTHORIZED BY
THE CAMPBELL MUNICIPAL CODE SECTION 3.20.030(4)
FOR SPECIALIZED SERVICES.
The City Council finds as follows with regard to dispensing with the bidding procedures, as set forth in Campbell Municipal Code (CMC) Section 3.20.0 30(4) and pursuant to Municipal Code Section 3.20.030 to approve, negotiate, award, and execute a third contract amendment with Good City Company for economic development consulting services to ensure the business continuity of the City’s Economic Development needs and priorities.
WHEREAS, the City of Campbell entered into a Contract Services Agreements with Good City Company on August 16, 2022, with a term end date of January 31, 2023; WHEREAS, the City of Campbell desires the specialized expertise in economic development consulting services which is currently available and offered by Good City company through the services of the contractual employee Leslie Parks; WHEREAS, Good City Company has an expertise in a specialized field and commenced key milestones such as the Semi-permanent parklet construction and grant program; the selection of the con sultant for the City’s Economic Development Strategy Plan; and the adoption of the 2024 Economic Development Plan WHEREAS, it is in the City’s interest to move forward with initiatives and action items outlined within the adopted 2024 Economic Development Plan; WHEREAS, the City now has the need to amend its agreement with Good City Company by approximately $ 90,000 and bring it up to $370,800 total to provide additional economic development operational support due to this vacancy and to provide further economic development program implementations services during FY 2025 as acknowledged.
WHEREAS, the CMC Section 3.20.0 30 authorizes the City to dispense with the formal bidding process if certain conditions are met;
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Attachment: Resolution - Good City Third Contract Amendment (Approve Contract Amendment with Good City Co for Economic Development City Council Resolution No. Page 2 of 3
Authorize the City Manager to Dispense with Bidding, Authorize Amendment to Consultant Services Agreement
WHEREAS, the purchasing procedures outlined in the CMC Section 3.20.050 state that purchases and contract for ‘supplies, services, and equipment of estimated fair market value greater than fifty thousand dollars’ shall be made according to specified bidding procedures;
WHEREAS, CMC Section 3.20.030 provides that the bidding procedures may be dispensed with when any one of eight potential circumstances are found to exist; WHEREAS, the City Council has found the following circumstances as specified in CMC Section 3.20.030 (4) to exist , thereby warranting the bidding procedures to be dispensed with:
• The city seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrative or other matters from persons specially trained, experienced and competent to perform the special services required;
WHEREAS, the City has found that Good City Company has unique and special extensive knowledge of Campbell’s community and has been able to address the City’s Economic Development needs due to this extensive and special knowledge; THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to dispense with the bidding procedures, as set forth in CMC Section
3.20.030 (4);
THEREFORE BE IT FURTHER RESOLVED, that the City Council approves a contract amendment to the consultants services agreement with Good City and authorizes the City Manager to negotiate and execute a third contract amendment with Good City Company for Economic Development consulting services for a contract amount not to exceed $370, 800 with a contract term end date of no later than March 31, 2025;
PASSED AND ADOPTED this day of 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
___________________________
Susan Landry, Mayor ATTEST:
____________________________
Andrea Sanders, City Clerk
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Attachment: Resolution - Good City Third Contract Amendment (Approve Contract Amendment with Good City Co for Economic Development
AMENDMENT TO CONTRACT SERVICES AGREEMENT
AMENDMENT #3
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2140
This Third Amendment to Contract Services Agreement (hereinafter “Third Amendment”), effective as of June 18, 2024, amends the Consultant Services Agreement (hereinafter “Agreement”) to establish economic development consulting services for the City of Campbell originally entered into on the 16th day of August 2022, by and between the City of Campbell (a Municipal Corporation, hereinafter referred to as “City”) and Good City Company. (a California Corporation, hereinafter referred to as “Consultant”).
RECITALS
WHEREAS, City and Consultant have previously entered into that certain Consultant Services Agreement (“Agreement”) dated August 16, 2022, incorporated herein by this reference; and WHEREAS, City and Consultant previously entered into a First Amendment to the Agreement to increase the compensation, extend the term, and update the project pricing for 2023.
WHEREAS, City and Consultant entered into a Second Amendment to the Agreement to add additional tasks and update the project pricing for 2024, as specified herein.
WHEREAS, City and Consultant desire to enter into this Third Amendment to the Agreement to add additional tasks and updating the project pricing for 2024-25, as specified herein.
AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that the Agreement is hereby amended as follows:
1. Scope of Work attached as Exhibit A is amended to include additional tasks as follows:
Consultant shall, at the direction of the City’s project coordinator, assist with the following:
A) Implementation of the Economic Development Program
i. Implement priority daily tasks for implementation of the economic development program as directed by the Community Development Director.
ii. Conduct introductory meetings with key business groups, brokers, developers, and other stakeholders.
iii. Monitor City sales tax; attend quarterly updates.
iv. Provide reports to City Council that include updates on a) Commercial/industrial vacancies and real estate trends b) Retail trends
c) Status of Economic Development Plan implementation
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d) Economic indicators and forecasts
B) Implementation of the City’s 2024 Economic Development Plan, including:
i. Revise as needed, portions of City website related to Economic Development. ii. Promote the City’s Economic Development plan and efforts through social media. iii. Develop, maintain, and distribute business related content through social media. iv. Attract new businesses to vacant commercial and industrial spaces. v. Conduct outreach to developers, brokers and property owners to provide resources and assistance for new tenants
vi. Expand partnership/collaborations with Chamber of Commerce and Downtown Campbell Business Association for special Economic Development initiatives and programs vii. Begin work on potential branding and promotion of Dell/McGlincy industrial areas and conduct outreach and a business needs assessment of the respective areas.
C) Identify and retain consultant(s) to develop an initial feasibility ass essment to determine support for Downtown Property -Based Improvement District (PBID) that includes a City Council Study Session, outreach to stakeholder groups (Chamber of Commerce, Downtown Campbell Business Group) and Downtown property owners.
D) Assist with recruitment of an Economic Development Manager i. In coordination with City Human Resources staff and City Manger’s Office, develop draft position description and recruitment flyer
ii. Promote the position with appro priate Economic Development professional associations and contacts
iii. In coordi nation with Human Resources staff, assist screening of candidates and with development of interview questions.
E) In Coordination with City Departments, assist with development of a Downtown Trash Management Program
F) Assist with other Economic Development related initiatives as needed.
2. Services Estimate attached to the Agreement as Exhibit B – Billing Methodology shall remain the same throughout the duration of the contract term. Billing Methodology adopted with the Second Amendment, identified as Exhibit 2-B, which is attached hereto and made a part hereof , reflects the ma ximum contract term am ount and contract term end date. Although weekly hours may fluctuate, the Consultant shall allocate enough staff time to complete City tasks on schedule.
3. Section 3.1 of the Agreement is amended such that the total not to exceed amount of the contract is $370,800.00.
4. Term: the term of the Agreement is extended to March 31, 2025.
Except as amended by this Third Amendment, all other terms and conditions as set forth in the Agreement and attachments, and all other prior amendments, shall remain in effect. The terms of this Third Amendment shall control if any conflict exists. Each party acknowledges that it has reviewed this Third Amendment and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Third Amendment.
The unenforceability, invalidity or illegality of any provision(s) of this Third Amendment shall not render the other provisions unenforceable, invalid or illegal.
The Parties may execute this Third Amendment in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument.
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Attachment: Third Amendment to Good City Contract (Approve Contract Amendment with Good City Co for Economic Development Consultant
A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
Signature Warranty:
The undersigned warrant and represent that each is authorized to enter into this Third Amendment on behalf of the and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Third Amendment.
This Amendment to the Consultant Services Agreement shall become effective upon its execution by the City, in witness whereof, the parties have executed this Amendment the day and year first written above.
CONTRACTOR CITY OF CAMPBELL
By: By:
Name: Aaron Aknin Name: Brian Loventhal
Title: Principal Title: City Manager
Date: Date:
Attachments:
Revised Exhibit 2-B –Billing Methodology
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Attachment: Third Amendment to Good City Contract (Approve Contract Amendment with Good City Co for Economic Development Consultant
Exhibit 2-B – Billing Methodology
Good City will retain and provide a detailed summary of hours billed and tasks completed within the period of the submitted invoice. Through March 31, 2025, Good City will follow the specified billing rate schedule and bill only for the specified positions. Consultant will not exceed the total projected and agreed upon max contract amount of $370,800.
Staff Position Billing Rate
Economic Development Director $230/Hour
Senior Economic Development Planner $170/Hour
Economic Development Associate $140/Hour
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Attachment: Third Amendment to Good City Contract (Approve Contract Amendment with Good City Co for Economic Development Consultant
AMENDMENT TO CONTRACT SERVICES AGREEMENT
AMENDMENT #2
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2140
This Second Amendment to Contract Services Agreement (hereinafter “Second Amendment”), effective as of February ___, 2024, amends the Consultant Services Agreement (hereinafter “Agreement”) to establish economic development consulting services for the City of Campbell originally entered into on the 16th day of August 2022, by and between the City of Campbell (a Municipal Corporation, hereinafter referred to as “City”) and Good City Company. (a California Corporation, hereinafter referred to as “Consultant”).
RECITALS
WHEREAS, City and Consultant have previously entered into that certain Consultant Services Agreement (“Agreement”) dated August 16, 2022, incorporated herein by this reference; and WHEREAS, City and Consultant previously entered into a First Amendment to the Agreement to increase the compensation, extend the term, and update the project pricing for 2023.
WHEREAS, City and Consultant desire to enter into this Second Amendment to the Agreement to add additional tasks and updating the project pricing for 2024, as specified herein.
AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that the Agreement is hereby amended as follows:
1. Scope of Work attached as Exhibit A is amended to include additional tasks as follows:
Consultant shall, at the direction of the City’s project coordinator, assist with the following a: the Farmers’ Market R equest For Proposal, Cannabis Market Assessment, and review of unique proposed developments. The specific goals of each task, the mileposts to meet, and the work product to be generated by the tasks, shall be determined, reduced to writing, and approved by the City’s project coordinator before the Consultant begins work on the task.
2. Services Estimate attached to the Agreement as Exhibit B – Billing Methodology is hereby replaced with the Revised Billing Methodology, identified as Exhibit 2-B, which is attached hereto and made a part hereof. Although weekly hours may fluctuate, Consultant shall allocate enough staff time to complete City tasks on schedule.
3. Section 3.1 of the Agreement is amended such that the total not to exceed amount of the contract is $280,800.00.
4. Term: the term of the Agreement is extended to June 30, 2024.
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Attachment: Second Amendment to Good City Contract (Approve Contract Amendment with Good City Co for Economic Development
Except as amended by this Second Amendment, all other terms and conditions as set forth in the Agreement and attachments, and all other prior amendments, shall remain in effect. The terms of this Second Amendment shall control if any conflict exists. Each party acknowledges that it has reviewed this Second Amendment and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Second Amendment.
The unenforceability, invalidity or illegality of any provision(s) of this Second Amendment shall not render the other provisions unenforceable, invalid or illegal.
The Parties may execute this Second Amendment in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument.
A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
Signature Warranty:
The undersigned warrant and represent that each is authorized to enter into this Second Amendment on behalf of the and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Second Amendment.
This Amendment to the Consultant Services Agreement shall become effective upon its execution by the City, in witness whereof, the parties have executed this Amendment the day and year first written above.
CONTRACTOR CITY OF CAMPBELL
By: By:
Name: Aaron Aknin Name: Brian Loventhal
Title: Principal Title: City Manager
Date: Date:
Attachments:
Revised Exhibit B –Billing Methodology
Aaron Aknin (Feb 29, 2024 10:55 PST)
29/02/2024
03/01/2024
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Attachment: Second Amendment to Good City Contract (Approve Contract Amendment with Good City Co for Economic Development
Exhibit 2-B – Billing Methodology
Good City will retain and provide a detailed summary of hours billed and tasks completed within the period of the submitted invoice. Through June 30, 2024, Good City will follow the specified billing rate schedule and bill only for the specified positions. Consultant will not exceed the total projected and agreed upon max contract amount of $280,800.
Staff Position Billing Rate
Economic Development Director $230/Hour
Senior Economic Development Planner $170/Hour
Economic Development Associate $140/Hour
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Attachment: Second Amendment to Good City Contract (Approve Contract Amendment with Good City Co for Economic Development 2024-02-28 Second Amendment to Good City
Contract
Final Audit Report 2024-03-02
Created: 2024-02-29
By: Ken Ramirez ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAJcjlZJQSfzFYs1LxCRzKPUcipxAumPBE "2024-02-28 Second Amendment to Good City Contract" History Document created by Ken Ramirez ([email protected])
2024-02-29 - 6:46:15 PM GMT
Document emailed to Aaron Aknin ([email protected]) for signature 2024-02-29 - 6:46:19 PM GMT
Document emailed to Brian Loventhal ([email protected]) for signature 2024-02-29 - 6:46:19 PM GMT
Email viewed by Aaron Aknin ([email protected])
2024-02-29 - 6:54:13 PM GMT
Document e-signed by Aaron Aknin ([email protected]) Signature Date: 2024-02-29 - 6:55:44 PM GMT - Time Source: server Email viewed by Brian Loventhal ([email protected]) 2024-03-02 - 0:44:06 AM GMT
Document e-signed by Brian Loventhal ([email protected]) Signature Date: 2024-03-02 - 0:44:26 AM GMT - Time Source: server Agreement completed.
2024-03-02 - 0:44:26 AM GMT
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Attachment: Second Amendment to Good City Contract (Approve Contract Amendment with Good City Co for Economic Development
SCANNED
RESOLUTION NO. 12933
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING AN AMENDMENT TO THE
CONSULTANT SERVICES AGREEMENT WITH GOOD CITY
COMPANY FOR ECONOMIC DEVELOPMENT CONSULTING
SERVICES, AUTHORIZING A CORRESPONDING BUDGET
ADJUSTMENT AND DISPENSING WITH BIDDING
REQUIREMENTS AS AUTHORIZED BY THE CAMPBELL
MUNICIPAL CODE SECTION 3. 20. 030( 4) FOR SPECIALIZED
SERVICES.
WHEREAS, the City of Campbell ( City) entered into a Contract Services Agreements with Good City Company on August 16, 2022, with a term end date of January 31, 2023; and WHEREAS, the City desires the specialized expertise in economic development consulting services, which is currently available and offered by Good City Company through the services of the contractual employee Leslie Parks to continue; and WHEREAS, Good City Company has an expertise in a specialized field and has commenced work on key projects such as the Semi - permanent parklet and grant program and the selection of the consultant for the City' s Economic Development Strategy Plan; and
WHEREAS, the City' s one and only Economic Development Specialist resigned from the City to take a promotional opportunity with another municipality; and WHEREAS, the City now has the need to amend its agreement with Good City Company to increase the compensation amount from a not to exceed amount of $ 49, 999 to 330, 799 total to provide additional economic development operational support due to this vacancy and to support implementation of key economic development projects during FY 2023 and FY 2024; and
WHEREAS, to cover these additional costs, staff recommends a budget adjustment of 140, 799 for FY 2023; and
WHEREAS, the purchasing procedures outlined in the CMC Section 3. 20. 050 state that purchases and contracts for ` supplies, services, and equipment of estimated fair market value greater than fifty thousand dollars' shall be made according to specified bidding procedures; and
WHEREAS, CMC Section 3.20. 030 provides that the bidding procedures may be dispensed with when any one of eight potential circumstances are found to exist; and
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Attachment: First Contract Amendment - CC Resolution 12933 (Approve Contract Amendment with Good City Co for Economic Development City Council Resolution No. 12933 Page 2 of 3
Authorize the City Manager to Dispense with Bidding, Authorize Amendment to Consultant Services Agreement
WHEREAS, the City Council has found the following circumstances as specified in CMC Section 3.20.030 ( 4) to exist, thereby warranting the bidding procedures to be dispensed with:
The city seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrative or other matters from persons specially trained, experienced and competent to perform the special services required;
NOW THEREFORE, BE IT RESOLVED that the City Council hereby authorizes dispensing with the bidding procedures, as set forth in CMC Section 3.20. 030 ( 4), and approves the amendment to the Consultant Services agreement with Good City Company for economic development consulting services extending the agreement to December 31, 2023 with an option to extend to June 30, 2024, and increasing the compensation to a not to exceed amount of $ 330, 799 and authorizes a corresponding budget adjustment of 140, 799 for FY 2023.
PASSED AND ADOPTED this 23rd day of January 2023, by the following roll call vote:
AYES: COUNCILMEMBERS: Lopez, Scozzola, Furtado, Landry, Bybee NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROVED:
Anne Bybee, Mayor
ATTEST. -
Andrea Sanders, City Clerk
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Attachment: First Contract Amendment - CC Resolution 12933 (Approve Contract Amendment with Good City Co for Economic Development
AMENDMENT TO CONTRACT SERVICES AGREEMENT
AMENDMENT # 1
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
408) 866- 2140
This Amendment to Contract Services Agreement ( hereinafter " Amendment") amends the Consultant Services Agreement ( hereinafter " Agreement") to establisheconomicdevelopmentconsulting servicesfor the City of Campbell originally enteredinto on the 16`' day of August 2022, by and betweenthe City of Campbell ( a Municipal Corporation, hereinafter referred to as " City") and Good City Company. ( a California Corporation, hereinafter referred to as " Consultant").
As provided for underthe termsof this Amendment, the City andConsultantagreeto amendthe following provisions of the Agreement as follows:
Compensation. The maximum compensationassetforth in Section3.1of the Agreementis hereby increased from an amount not to exceed $ 49, 999 to an amount not to exceed $ 330, 799; Term. As amended, the term of the Agreement shall extend until December 31, 2023, unless earlier terminated in accordance with the Agreement, or extended as described below.
Extension. The term of the Agreementmay be extendedupon mutual agreementof the City and the Consultant until June 30, 2024.
Services Estimate. " Exhibit B — Billing Methodology" of the Agreementis herebyreplacedasset forth in the RevisedExhibit B, which is attachedheretoandmadea part hereof.
All other terms and conditions as set forth in the Agreement shall remain in effect.
Signature Warranty:
The undersigned are authorized to represent and enter into this Amendment on behalf of the Consultant.
This Amendment to the Consultant ServicesAgreementshall becomeeffective upon its executionby the City, in witnesswhereof, thepartieshaveexecutedthis Amendmentthe day andyear first written above.
CONTRACTOR
By:
Name: Aaron Aknin
Title: Principal
Date:
Attachments:
CITY OF CAMPBELL
Name: Brian Loventhal
Title: City Manager
Date:
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Attachment: First Contract Amendment - CC Resolution 12933 (Approve Contract Amendment with Good City Co for Economic Development ra k , rLis
ECONOMIC DEVELOPMENT CONSULTANT
SERVICES ESTIMATE
Good City estimatesa total cost of $ 280, 800 through December 31, 2023 (12months), including a 6- month extension to June 30, 2024 ( 18- month total).
Billing
Rate
Est. Hours
1 Month
Monthly
Cost
18- month Total
Principal 250 2 500 9, 000
Economic Development
Director
225 65 14, 625 263, 250
Marketing Assistant 95 5 475 8, 550
Total Estimated Cost 280, 800
Good City rates are subject to cost -of -living increases (typically 3- 5%) on January 1stof each year.
Good City Company 11351Laurel St, SanCarlos, CA 94070 1www.goodcityco. com 6
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Attachment: First Contract Amendment - CC Resolution 12933 (Approve Contract Amendment with Good City Co for Economic Development City of Campbell
Request for Budget Adjustments
Department/ Program Division Date Request No.
City Manager' s Office 556 - Economic Development January 23, 2023 BA- 15 Budeet to be Reduced
Fund/Program Account Number, Description moun
EXPENDITURES
101. 556 7001 Personnel - Regular 85, 972. 82
101. 556 7106 PERS Retirement 9, 333. 70
101. 556 7107 Dental Insurance 1, 969. 44
101. 556 7108 Health Insurance 10, 524. 43
101. 556 7109 Life Insurance 170. 50
101. 556 7110 Workers Comp Insurance 1, 434. 04
101. 556 7112 Disability Insurance 668. 25
101. 556 7113 Medicare 1, 247. 05
101. 556 7122 Deferred Compensation 1, 169. 96
101. 556 7124 VEBA Health Deferred Compensation 1, 620. 22 Sub - Total Expenditures 114110. 41
Budget to be Increased
Fund/ Program Account Number Description Amount
EXPENDITURES
101. 556 7430 Professional and Special Services 140, 799. 00 Note - Remainingbalanceof $26, 688.59 to bepaidfrom GeneralFundReserveBalance.
REASON FOR REQUEST - BE SPECIFIC:
To transfer salary and benefit savingsfrom vacant Economic DevelopmentSpecialist position to Economic Development contractual services needs in FY 2023. Remaining contract costs of $ 190,000 will be programmed into proposed budget for FY 2024; offset by full year anticipated salary savings for Economic Development Specialist.
Will Fuentes Rob Eastwood Brian Loventhal
Finance Director Community Development Director City Manager
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Attachment: First Contract Amendment - CC Resolution 12933 (Approve Contract Amendment with Good City Co for Economic Development
‐1‐
CITY OF CAMPBELL
CONSULTANT SERVICES AGREEMENT
This Agreement is entered into at Cam pbell, California on the __16__ day August, 2022, by and between the City of Campbell (a Municipal Corporation, hereinafter referred to as "City") and Good City Company (a California Corporation, hereinafter referred to as "Consultant").
WHEREAS, City desires to retain economic development consulting services to ensure the business continuity of the City of Campbell’s Economic Development Department; and
WHEREAS, Consultant represents that it has th e expertise, means, and ability to provide assistance with downtown revitalization, retail, and business retention and expansion for the City of Campbell;
WHEREAS, Consultant represents that staff; Leslie Parks is available to carryout out the City of Campbell’s Economic Development Strategy starting August 16, 2022 and going thru January 31, 2023.
NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:
1. DUTIES OF CONSULTANT
1.1 Consultant agrees to perform services as set forth in Exhibit A - Scope of Services (Scope of Work & Billing Methodology) attached hereto and incorporated herein by reference, and which shall be interpreted together and in ha rmony with this Agreement. In the event of any conflict between Exhibit A and this Agreement, this Agreement shall govern, control, and take precedence.
1.2 Consultant’s project manage r will meet with the City’s project coordinator prior to commencement of the project to establish a cl ear understanding of the working relationships, authorities, and management philosophy of City as it relates to this Agreement.
1.3 Consultant, working with the City, will gather available existing information, and shall review documents as necessary, to provide and perform services as described pursuant to Exhibit A;
1.4 In performance of this Agreement by C onsultant, agrees to adhere to legal compliance deadlines, and perform services in a manner consistent with the level of care and skill ordinarily exercised by other professionals providing the same service in the locale.
1.5 Notwithstanding Section 1.4, Consultant sh all not be responsi ble for delay caused by activities or factors beyond Consu ltant’s reasonable control, including delays or by reason of
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Attachment: Economic Development Consultant - Good City CSA 8.16.22 (Approve Contract Amendment with Good City Co for Economic ‐2‐
strikes, work slow-dow
ns or stoppages, force majeure, or caused by City; delays caused by these factors may result in schedule, scope, and/or budget changes.
1.6 Consultant agrees to perform this Agreem ent in accordance with a high standard of care expected of, and degree of skill and expe rtise exercised by, members of Consultant’s profession working on similar projects under similar circumstances.
1.7 Consultant shall cooperate in good faith with City in all aspects of the performance of this Agreement.
1.8 In the course of the performance of this Ag reement, Consultant shall act in the City’s best interest as it relates to the project.
1.9 The designated project manager for C onsultant shall be Aaron Aknin. The Consultant’s project manager sh all have all the necessary aut hority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with the City and the C ity’s project coordinator. The authorized principal staff member executing this Agreement for the Consultant sha ll have authority to make decisions regarding changes in services, termination and other matters related to the performance of this agreement on behalf of Consultant.
1.10 The Consultant (and its employees, agents , representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the City. The City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Consultant meet specific standards consistent with the requirements of this Agreement without regard to the manner and means of accomplishment thereof.
Subcontractors shall assume all of the rights, obligations and liabili ties, applicable to it as an independent contractor hereunder. Consultant re presents that it (i) is fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properl y equipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agreement.
1.11 This Agreement contains provisions that permit mutually acceptable changes in the scope, character, or complexity of the work if such changes become desirable or necessary as the work progresses. Adjustments to the basis of payment and to the time for performance of the work, if any, shall be established by a written contract amendment (approved and executed by the City) to accommodate the changes in work.
2. DUTIES OF CITY
2.1 City shall furnish to Consultant all av ailable and pertinent data and information requested by Consultant to facilitate the daily duties of the assigned staff members. Consultant shall be entitled to reasonably rely on all such information.
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Attachment: Economic Development Consultant - Good City CSA 8.16.22 (Approve Contract Amendment with Good City Co for Economic ‐3‐
2.2 City shall provide contract administration services. City shall notify Consultant of required administrative procedures and shall name representatives, if any, authorized to act in its behalf.
2.3 City shall review the work provided by the Consultant’s assigned staff and shall render decisions pertaining thereto as promptly as reasonably possible.
3. COMPENSATION
3.1 The City agrees to compensate Consulta nt for the services performed under this Agreement on an hourly rate basis, as outlined by Exhibit B, and the City agrees to compensate Consultant for all services and direct costs associated with the performance of the contract with a total contract amount not to exceed $49,999.00, as follows:
a. Payment will be made to the Consultant as services are performed under this Agreement on a monthly basis. A narrative description of work performed, the date they were performed, the hourly rate, and total hours shall be inclu ded on an invoice that corresponds to the Scope of Services under Exhibit A.
3.2 If Consultant incu rs other costs which are not sp ecifically covered by the terms of this Agreement, but which are necessary for performance of Consultant’s duties, City may approve payment for said costs if authorized in writing by the City in advance.
3.3 City may order changes in the scope or character of services in writing, in cluding decreasing the amount of Consultant’s services. In the event that the work is decreased, Consultant is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change. Under no con ditions shall Consultant make any changes to the work , either as additions or deductions, without the prior written or der of the City. In the event, that the City determines that a change to the work or services from that specified in this Agreement is required, the contract time and/or actual co sts reimbursable by the City for th e project may be adjusted by contract amendment or chan ge order to accommodate the cha nged work. The maximum not to exceed total amount specified in this Article 3 (Compensation) shall not be exceeded , unless authorized by written contract amendment or change order, ap proved and executed by the City.
Consultant shall ob tain prior written ap proval fo r a rev ised fee schedule from th e City before exceeding such fee schedule.
3.4 In no event, will the Consultant be reimbursed for any costs or expenses at any rates that exceed the rates for set forth in the fee schedule found in Exhibit B or for staff or titles others than those identified in Exhibit B.
4. SUBCONSULTANTS
4.1 Consultant may not subcontract any se rvices required under this Agreement.
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Attachment: Economic Development Consultant - Good City CSA 8.16.22 (Approve Contract Amendment with Good City Co for Economic ‐4‐
5. OWNERS
HIP OF DOCUMENTS AND MATERIALS
All final deliverables as listed in Exhibit A will be prepared by the Consultant and/or its subconsultants in the performance of the services encompassed in this Agreement (whether in printed or electronic format) as well as the source files, RFP related documents, communications, presentations, applications, proposals, reports, newsletters specifications, web page content, data, photographs, design concepts, meeting summaries , images, branding materials, and documents included in the final deliverables in their origin al/native format, herein after “project-related documents and materials”) in c onnection with the services pe rformed hereunder belong to and remained the property of the C ity and may be used by the C ity without the consent of the Consultant or its subcontractors. The City assume s sole risk associated with any modification of these documents for any other pr oject. City acknowledges that such drawings, documents, and other items are instruments of professional services intended for use only by the City of Campbell.
Consultant agrees that all copyrights which arise from creation within the Sc ope of Work in this agreement or project-related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. Upon the completion or te rmination of this Agre ement for any reason, the City shall be entitled to receive, and Consultant shall prompt ly provide to the City upon request, all finished deliverables, produced or gathered by or on behalf of Consultant that are in Consultant’s possession, custody or control. Consultant may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact th e City’s right to promptly receive and use such documents and materials which ar e the sole and exclusive propert y of the City. The Consultant will not disseminate any such documents to third parties without the City’s written approval and will not make use of any such documents in c onnection with rendering professional services relative to production of other projects for other clients. In the event the City uses the instruments for other purposes, the City agrees to hold ha rmless and indemnify the Consultant against any claims, losses and damages arising out of such use.
6. TERMINATION OF WORK
Notwithstanding any other provision of this Agreement, City may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving thirty (30) day notice in writing to Consultant of such termination. In the event of such termination, Consultant shall perform such additional work as is necessary for the orderly filing of documents and closing of Project and all unfinished documents, maps, studies, work papers and reports prepared by Consultant under this agreement shall be the sole property of the City. In the event of such termination, Consultant shall be compensated for work satisfactorily performed prior to the effective date of termination in accordance with the payment provisions set forth in Section 3.1, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law.
7. CONFLICT OF INTE
REST
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7.1 Consultant o
wes the City a duty of undivided loyalty1 in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or participating in activities that conflict with the City’s interests in respect to the work and/or services and project. Consultant certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this agreement, that to the best of its knowledge, no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement, that no official or employee of City, nor any public agency or official affected by this Agreement, has any pecuniary interest in the business of Cons ultant or its subcontractors and that no person associated with Consultant or its subcontractors has any interest that would conflict in any manner or degree with the performance of this agreement.
7.2 Should Consultant become aware of a ny circumstances which may cause a conflict of interest during the term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or termin ate the Agreement without liabilit y. City shall have the right to recover any fees or payments pa id for services rendered by C onsultant which were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within one week of becoming aware of the conflict of interest.
7.3 The Consultant hereby certifies Consultant shall not make or participate in making or in any way attempt to use Consultant’s position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a direct or indirect financial interest other than the compensation promised by this Agreement.
7.4 The Consultant shall list current client s who may have a financial interest in the outcome of this Agreement.
7.3 Consultant shall include the terms and conditions of 7.1,7.2, 7.3 & 7.4 of this Article in all subcontractor agreements for work performed under this Agreement.
8. AUDIT AND INSPECTION
At any time during normal bu siness hours and as often as City may deem necessary, the Consultant shall make available to City and/or employees and representatives of City for examination all of its records with respect to all matters covered by this Agreement. It shall also permit City and/or employees and representatives of City to Audit, examine, and make copes, excerpts or transcripts from such records of pers onnel, conditions of em ployment and other data relating to all matters covered by this Agreement. City’s right to audit shall not include the right to obtain employment records deemed confidential due to state or federal restrictions. 1 The term ‘undivided loyalty’ shall not mean that the work shall be prioritized over all other work under the service and care of the Consultant.
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Consultant shall maintain all books, documents, papers, ac counting records, and other evidence pertaining to costs incu rred during the Scope of Services and shall make such material
available at all reasonable times during the period of the Agreement, and for a period of three (3) years from the date of final payment under the agreement, and Consultant agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee.
9. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employment practices on the basis of race, religious creed, color, sex, national origin, ha ndicap, sexual orientati on, or ancestry of any employee of, or applicant for employment with, such Consultant or subcontractor.
10. INSURANCE AND INDEMNIFICATION
10.1 With respect to any design profes sional services provided by Consultant, the Consultant agrees to indemnify, and hold harmless the City, its elected officials, officers, directors, partners, agents, and employees to the fullest extent allowed by law from any and all claims, costs, actions, causes of action, damages, liabilities and losses (including but not limited to all fees and charges of engineers, consultants, attorneys, and other professionals and all court or arbitration or other dispute resolution costs), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein. Notwithstanding anything in this paragraph to the contrary, any defense costs charged to the design professional under this paragraph shall not exceed the design professional’s proportionate percentage of fault, except:
a. That in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with the other parties regarding unpaid defense costs in good faith effort to agree on the allocation of those costs amongst the parties; and
b. Where a project-specific general liabil ity policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of thei r professional services on a primary basis, then there shall be no limitation on the design professional's duty to pr ovide a defense and cover the City's cost of defense.
With respect to all matters other than those covered by the foregoing paragraph, Consultant agrees to indemnify, defend (with counsel reasonably satisfactory to the City) and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, losses, damages, liabilities and costs of every nature, including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any
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claim, caused by or arising out of, or alleged to have been caused by or arise out of, in whole or in part, Consultant’s performance under this Agreem ent, excep t for any claims, actions, causes of
action, losses, damages, costs or liabilities prox imately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein.
In no event shall this section be construed to require indemnification by the Consultant to a greater extent than permitted under the public policy of the State of California; and in the event that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City.
The defense and indemnity provisions obligations of this Agreement are undertaken in addition to, and shall not in any way be limit ed by, the insurance obligations contained in this Agreement.
However, notwithstanding any other provisions of this Agreement, and without limiting the obligation of any insurance maintained by the consultant, Consultant’s obligation for any defense and indemnity that is not covered by the insu rance required by this Agreement shall not exceed the maximum contract amount. The foregoing indemnity provisions are intended to fully allocate the parties’ risk of liability to third-parties; and there shall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Consultant waives all rights to subrogation for any matters covered by the provisions of this section.
Consultant’s responsibility for such defense and indemnity obligations as set forth in this section shall survive the termination or completion of th is Agreement for the full period of time allowed by law.
10.2 Prior to the start of the Work, Consultant sh all procure and maintain in force insurance conforming to the following specifications to the fullest amount allowed by law during the period of this agreement and for a minimum of three (3) years following the termination or completion of this Agreement:
A. Types of Coverage
The policies shall afford the following types of coverage:
1. Commercial General Liability;
2. Automotive for all automobiles leased, hired, controlled, or owned (if any) by the Consultant;
3. Workers’ Compensation and Employer Liability; and
4. Professional Liability and/ or Errors and Omissions
B. Minimum Scope of Insurance
Coverage shall be at least as broad as:
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Attachment: Economic Development Consultant - Good City CSA 8.16.22 (Approve Contract Amendment with Good City Co for Economic ‐8‐
1. For Commercia
l General Liability: Insurance Services Office (ISO) CGL Form 00 01 11 85; and
2. For Automotive Liability: ISO CA 00 01 06 92 including symbol 1(any auto); and
3. For Workers’ Compensation: insurance as required by the Labor Code of the State of California and Employer's Liability insurance; and
4. For Professional Liability and/or Errors and Omissions: insurance covering negligence committed by or on behalf of Consultant in rendering services to City.
C. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for bodily, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggr egate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combin ed single limit per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer 's Liability: Workers’ Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident.
4. Professional Liability and/or E rrors and Omissions: $1,000,000 per claim and $2,000,000 in the annual aggregate.
The limits of insurance required in this Ag reement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (a s agreed to in this Agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
D. Deductible and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City and shall not reduce the limits of liability. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its agents, officers, attorneys, employees, offici als and volunteers; or the Consultant shall procure a bond guaranteeing payment of losse s related to investigations, claim
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Attachment: Economic Development Consultant - Good City CSA 8.16.22 (Approve Contract Amendment with Good City Co for Economic
‐9‐
administration, and defense expenses. Policie s containing any self-insured retention provision shall provide or be endorsed to provide that the self-insured retention may be satisfied by either the named insured or the City.
E. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverage:
a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be covered as additional in sureds as respects: liability arising out of this Agreement performed by or on be half of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leas ed, hired (if any) or borrowed by the Consultant. It is a requir ement of this Agreement th at any available insurance proceeds broader than or in excess of th e specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is affords greater coverage. b. The Consultant's insurance covera ge shall be prim ary insurance as respects the City, its agents, officers, attorneys, employees, officials and volunteers.
Any insurance or self-insurance mainta ined by the City, its agents, officers, attorneys, employees, offici als and volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
c. Any failure to comply with repor ting provisions of the policies shall not affect coverage provided to the City, its agents, officers, attorneys, employees, officials, and volunteers.
d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is br ought except with respect to the limits of the insurer's liability.
2. Workers’ Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of su brogation against the City, its agents, officers, attorneys, employees, offici als, and volunteers for losses arising from work performed by the Consultant for the City.
3. All Coverages: Any unintentional failure to comply with reporting provisions of the policies shall not affect coverage provided to the City; and unless otherwise approved by the Cit y, each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by
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Attachment: Economic Development Consultant - Good City CSA 8.16.22 (Approve Contract Amendment with Good City Co for Economic ‐10‐
eithe
r party, except after thirty (30) days prior written notice by regular mail has been given to the City, or ten (10) days for cancellation for non-payment of premium.
F. Suspension or Cancellation
City may suspend, in writing all or a portion of the work. Consultant may request that the Work be suspended by notifying City in writing of circumstances that are interfering with the normal progress of work. The time for completion of the work shall be extended by the number of days work is suspended. If any of the coverages required by this Agreement should be suspended, voided, cancelled, or reduced in coverage during the term of this Agreement, Consultant shall immediately notify City and replace such coverage with another policy meeting the requirements of this Agreement.
G. Subcontractors
Consultant agrees that any and all contracts with subcontra ctors for performance of any matter under this Agreement shall require the s ubcontractors to comply with the same indemnity and insurance requirements set forth in this Agreem ent to the extent that they apply to the scope of the subcontractors’ work. Subcontractors are to be bound to contractor and to City in the same manner and to the same extent as the Consultant is bound to City under this Agreement. Consultant shall be responsible for all work products and actions of all subcontractors. Subcontractors shall further agree to includ e these same provisions with any sub-subcontractor. A copy of this Agreement will be furnished to the subcontractor on request. The Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work, and will provide proof of compliance to the City.
H. Acceptability of Insurers
Without limiting Consultant's indemnification provided hereunder, the policies of insurance listed in Article 9.2 of this Agreement are to be issued by an issuer with a current A.M. Best Rating of A:V and who is authorized to transact busin ess in the State of California, unless otherwise approved by the City.
I. Verification of Coverage
Consultant shall furnish the City with endorsements and certificates of insurance evidencing coverage required by this clause. The certificates for each insura nce policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms acceptable to the City. Where required by statue, forms approved by the Insurance Commissioner are to be submitted. All certificates are to be received and approved by the City before work commences.
11. ASSIGNMENT
11.1 This Agreement shall be binding on the heirs, executors, assigns and successors of
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Attachment: Economic Development Consultant - Good City CSA 8.16.22 (Approve Contract Amendment with Good City Co for Economic ‐11‐
Consultant Neither p
arty may assign this Agre ement, or any portion hereof, without the prior written consent of the other. This Agreement shall not be construed to alte r, affect, or waive any lien or stop notice rights, which Consultant may have for the performance of services pursuant to this Agreement.
11.2 Neither party’s waiver of any term, condi tion or covenant, or breach of any term, condition or covenant shall be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant.
11.3 This Agreement contains the entire Agreement between C ity and Consultant relating to the scope of work and the provision of services to the scope of work. Any prior agreements, promises, negotiations, or representati ons not expressly set fo rth in this Agreement are of no force or effect. Subsequent modificat ions to this Agreement shall be in writing and signed by both City and Consultant.
11.4 If any term, condition or covena nt of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on City and Consultant.
11.5 This Agreement may be executed in count erparts and will be binding as executed.
11.6 All changes or amendments to this Ag reement must be in writing and approved by all parties.
11.7 The term of this Agreement shall comme nce upon execution of the Agreement and terminate January 31, 2023. Any exte nsion of the Agreement shall be mutually ag reed upon in writing and shall require an amendment to the Agreement signed by both parties.
12. JURISDICTION
12.1 This Agreement shall be governed and construed in accordance with the laws of the State of California.
12.2 This Agreement is entered into, and to be performed in Santa Clara County, California, and any action arising out of or related to this Agreement shall be maintained in a court of appropriate jurisdiction in Santa Clara County, California.
12. NOTICES
Notices required under this Agreement may be delivered by first class mail addressed to the appropriate party at one of the following addresses:
CITY: City of Campbell
Attention: Rob Eastwood
70 North First Street
Campbell, CA 95008
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Attachment: Economic Development Consultant - Good City CSA 8.16.22 (Approve Contract Amendment with Good City Co for Economic ‐12‐
CONSULTANT: Good City Co.
Attention: Aaron Aknin
11351 Laurel Street
San Carlos, California 94070
Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby:
CONSULTANT
By: ________________________
Aaron Aknin
Title: Principal
CITY OF CAMPBELL
By: ________________________
Brian
Loventhal
Title: City Manager
Aaron Aknin (Aug 29, 2022 17:43 PDT)
Brian Loventhal (Sep 9, 2022 09:01 PDT)
Brian Loventhal
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Attachment: Economic Development Consultant - Good City CSA 8.16.22 (Approve Contract Amendment with Good City Co for Economic ‐13‐
– Exhibit A –
Scope of Services
Priority task
s include but are not limited to:
I. Implementation of Economic Development Program
A. Project kick o
ff meeting with senior City to discuss and agree on project understanding, required key meetings and review, work hours, and confirm pr
iority of required tasks
B. Project orientation to establish access to required infor mation including city reports, council
agenda, files, communicati
ons (email, phone, office services), contact lists, meeting facilities C. Implement priority daily
tasks for implementation of the economic development program as directed by the community development director
D. Conduct intr
oductory meetings and calls with key business groups, brokers, developers, and other stakeholders
E. Develop monthly business newsletter
and update economic development web page
F. Explore possibility of creat
ing a downtown business improvement or property-based
improvement district
G. Monitor City
sales tax; attend quarterly updates
II. Economic Development Strategy
A. Manage the RFP process
for both the short term and long-term economic development strategy and the subsequent workp
lan effort
B. Review and s
creen proposals
C. Convene an i
nterview panel
D. Award contract and initiate development of the short-t erm plan
III. Complete audit of economic development program and economic development specialist position A. Confirm City priority econ
omic development goals and alignment with program and proposed economic development strategy
B. Interview key stakeholders and City staff to determine understandin g, expectations, alignment,
and gaps of t
he economic development position and program
C. Review and c
ompare economic development manager position descriptions in other similar communities
D. Prepare summary of findi
ngs and recommendations
E. Develop draft position description and salary range for economic development manager position; meet as needed w
ith key internal staff such as H.R., City Manager to develop and review draft
IV. Assist Co
mmunity Development and Public Works with implementation of Semi-Permanent Parklet Program
A. Review program des cription, communications, and outreach materials; implementation schedule B. Coordinate with City team and establish weekly “touch base” me eting
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Attachment: Economic Development Consultant - Good City CSA 8.16.22 (Approve Contract Amendment with Good City Co for Economic ‐14‐
– Exhibit B –
Billing Me
thodology
Good City Company will provide Economic Development Consultant services thru January 31, 2023, in accordance with the Scope of Services outlined abo ve with the following terms and
conditions:
Staff E.D. Director Principal Senior E.D./
Planning Manger
Marketing
Assistant
Hourly Rate $200.00 $235.00 $160.00 $85.00
Program Hours
per month
50+ or- 2 8 10
Monthly Cost $10,000 $470.00 $1,280.00 $850.00
Total Agreement
Cost
Estimated Staff
Cost per month
$12,600.00
Contract Term 3.968 months
Program Hours
per month
70.0 Total Contract
Amount
$49,999
Although hours may fluctuate up or down per week depending on the task(s) and time needed from other staff, Good City Economic Development Director will allocate a minimum of 70 hours per month to provide Economic Development con
sulting services.
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Attachment: Economic Development Consultant - Good City CSA 8.16.22 (Approve Contract Amendment with Good City Co for Economic Campbell -CDD-Good CIty Contract
8.16.22(revised)
Final Audit Report 2022-09-09
Created: 2022-08-30
By: Ken Ramirez ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAswjc9pi9GY6PAn73a7W7FUcRoMg170Ca "Campbell -CDD-Good CIty Contract 8.16.22(revised)" History Document created by Ken Ramirez ([email protected])
2022-08-30 - 0:39:12 AM GMT
Document emailed to Aaron Aknin ([email protected]) for signature 2022-08-30 - 0:39:51 AM GMT
Email viewed by Aaron Aknin ([email protected])
2022-08-30 - 0:42:50 AM GMT
Document e-signed by Aaron Aknin ([email protected]) Signature Date: 2022-08-30 - 0:43:16 AM GMT - Time Source: server Document emailed to Brian Loventhal ([email protected]) for signature 2022-08-30 - 0:43:17 AM GMT
Email viewed by Brian Loventhal ([email protected]) 2022-09-09 - 4:01:30 PM GMT
Document e-signed by Brian Loventhal ([email protected]) Signature Date: 2022-09-09 - 4:01:40 PM GMT - Time Source: server Agreement completed.
2022-09-09 - 4:01:40 PM GMT
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Attachment: Economic Development Consultant - Good City CSA 8.16.22 (Approve Contract Amendment with Good City Co for Economic
City
Council
Report
TITLE: Excess Workers' Compensation Coverage Contract (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 with Midwest Employers' Casualty Company to provide excess worker's compensation liability coverage for Fiscal Year 2025 for the estimated annual premium amount of $131,198.
BACKGROUND
The City of Campbell (City) faces a range of risks that could result in severe or catastrophic financial losses. To mitigate these risks, the City relies on professional insurance brokerage services provided by Leavitt Pacific Insurance Brokers, Inc. (Leavitt Pacific). Leavitt Pacific helps the City secure various commercial insurance policies on its behalf. In turn, t hese policies can help protect the City from potential claims, including workers' compensation claims.
While the City self-insures its workers' compensation coverage, it also annually procures additional lines of insurance coverage to minimize the impact of these types of claims. To that end, at the City’s request, Leavitt Pacific sought proposals to secure the most advantageou s excess workers’ compensation coverage for Fiscal Year (FY) 2025 . Specifically, the City sought Leavitt Pacific’s help in securing insurance with a Self-Insured Retention (SIR) of $1,000,000 per accident for police personnel, $1,000,000 for all other employees , and a Limit of Liability set at $25,000,000.
DISCUSSION
At the request of the City, Leavitt Pacific diligently explored all available insurance coverage options to ensure a comprehensive response. After careful consideration of several brokered insurance quotes, Leavitt Pacific identified the most competitive options for the City: Safety National Casualty Corporation, and Midwest Employers Casualty Company.
After thoroughly assess ing each insurance program, taking into account potential losses, coverage details, self -insured retentions, deductibles, premiums, and policy Item: 7
Category: CONSENT CALENDAR
Meeting Date: June 18, 2024
7 Packet Pg. 156
Excess Workers' Compensation Coverage Contract Page 2 of 3 limits, Leavitt Pacific and City staff agreed that the City should proceed with the insurance coverage offered by Midwest Employers Casualty Company (Midwest).
Midwest is offering a one -year quote that meets the City’s needs and only reflects a slight increase in cost compared to last year. In FY 2024, the total cost of insurance through Midwest was approximately $124,860. The total cost of insurance policies with Midwest for FY 2025 will cost the City approximately $131,198, a 4% increase from last year. (Attachment B). This increase is primarily driven by rising medical costs, inflation, the application of presumptive laws to first responders, and current market conditions, including wage increases and regulatory changes.
It should be noted that this estimate for insurance premiums, self-insured retentions, and deductibles may change as some quotes are not finalized until the City Council formally authorizes the binding of these rates through Leavitt Pacific. As such, there is a possibility of additional insurance quotes that could alter the costs and retentions mentioned in this report. As such, City staff recommends that the City Council adopt the attached resolution ( Attachment A) approving an agreement and authorizing the City Manager to execute the agreement with Midwest Employers' Casualty Company to provide excess worker's compensation liability coverage for FY 2025 for the estimated annual premium amount of $131,198.
FISCAL IMPACT
The quote provided has a one -year premium of $131,198 with an SIR of $1,000,000 and a $25,000,000 Limit of Liability. This is the equivalent to the existing coverage the City currently has in place. The annual premium shown has been fully programmed into the Proposed Fiscal Year 2025 Operating Budget (Worker’s Compensation Fund 690) and there are sufficient fund balances to support this expenditure.
ALTERNATIVES
1. Do not approve staff ’s recommendation. This option is not recommended as failure to purchase insurance policies to protect the City in case of catastrophic losses would place the City at risk for financial hardship.
2. Request additional quotes for coverage.
Prepared by:
Angelique Gaeta, Assistant City Manager
7 Packet Pg. 157
Excess Workers' Compensation Coverage Contract Page 3 of 3 Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution - Excess Workers' Comp
b. City of Campbell FY24-25 Excess WC Proposal
7 Packet Pg. 158
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING AN AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MIDWEST EMPLOYERS’ CASUALTY COMPANY TO PROVIDE EXCESS WORKERS’ COMPENSATION LIABILITY COVERAGE FOR FISCAL YEAR 2024-2025
WHEREAS, The City’s Insurance Broker solicited quotes on behalf of the City for Excess Workers’ Compensation Insurance Coverage; and
WHEREAS, the City received a renewal quote to bind coverage from Midwest Employers Casualty Company for the term of July 1, 2024, to June 30, 2025, for a premium amount of $131,198; and
WHEREAS, the City’s Insurance Broker recommends binding the City’s Excess Worker’s Compensation Insurance Coverage with Midwest Employers Casualty Company for a one-year term from July 1, 2024, to June 30, 2025, for the quoted amount of $131,198.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby approve an agreement and authorizes the City Manager to execute an agreement with Midwest Employers Casualty Company to provide the City with Excess Workers’ Compensation Insurance Coverage for one-year, effective July 1, 2024, through June 30, 2025, for a premium of $131,198.
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 - Excess Workers' Comp (Excess Workers' Compensation Coverage Contract) Business Insurance Consulting
and Brokerage Services
City of Campbell
July 1, 2024 to July 1, 2025
Presented by: Tammie Stamp
CA License #0 D22397
Leavitt – Pacific Insurance Brokers
CA License #0D79674
A member of the Leavitt Group
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Attachment: City of Campbell FY24-25 Excess WC Proposal (Excess Workers' Compensation Coverage Contract) Indemnity Coverage Provided:
Specific Excess Workers’ Compensation and Employers Liability Indemnity
Insurance Company: Midwest Employers Casualty Co. – A.M. Best: A++ XV Policy Period: 7 /1/24 to 7/1/25
Annual
Employer's Deposit
Rate
per
Limit of Liability Self -Insured and $100 of
Liability Sub -Limit Retention Minimum Payroll
$25,000,000 $1,000,000 $1,000,000 $131,198 0.4808
$118,078
Terms and Conditions
1) The premium is based on an estimated annual remu neration of $27,287,413.
2) State of operations: California
3) Midwest Employers Casualty Co. quotes are subjec t to their policy form and the following endorsements:
CMB-11 Amendment to Schedule Item 11, CMB-160 F oreign, CMB-199-CA Policyholder Disclosure Notice of Terrorism Insurance, ISI-254-EXC Aircraft Exclusion, ISI-260 Authorized Volunteers, ISI-261 Voluntary Compensation, ISI-266 Endemic Disease and Repatriation.
ISI-CA (02-21) California Mandatory Endorsement CMB-6-CLS Amendment to Schedule Item 6 (applies to split retention quote).
In order to bind coverage, we will need a written request by 6/25/24.
Total Premium due for the 2024 to 2025 policy term: $131,198.
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Attachment: City of Campbell FY24-25 Excess WC Proposal (Excess Workers' Compensation Coverage Contract) City
Council
Report
TITLE: Draft One Axon AI Assisted Report Writing (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a Resolution approving a six -year addendum to the contract with Axon and authorizing the City Manager to sign the contract and dispense with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(7).
BACKGROUND
Over the last three years staff have focused on adopting cloud-based technologies designed with automations and integrations to improve efficiencies and support our work force. This included the adoption of a new Records Management System (RMS) to improve all aspects of records handling from report writing to property management.
Axon RMS was designed to improve the report writing experience for officers with automations that were intended to decrease the length of time that officers were spending on data entry and report writing. At the same time, Staff has been tracking advancements in Artificial Intelligence (AI) in the law enforcement field knowing that this would be integrated into RMS systems.
The staff’s focus on systems and process improvements has been motivated by the sheer amount of work the Police Department undertakes day in and day out. This workload has also been impacted by legislative and federal crime reporting mandates that have increased the time it takes to complete data entry. This reality has brought into focus the amount of time our officers spend report writing instead of interacting with the Campbell community. This typically amounts to a minimum of a quarter of their shift to at times the majority of their workday spent report writing.
Campbell Police Officers consistently take more police reports and make more arrests per officer than any other agency in Santa Clara County , as reported by the District Attorney’s Office. Additionally, Campbell Police Officers’ percentage of reports involving arrests is higher than any other agency in the county. Both have been true historically.
Reports involving arrests are inherently more time-consuming and involve more d ata entry.
The attrition in sworn staffing that the Police Department has experienced over the last several years has had an impact on the workload for each officer and increased the Item: 8
Category: CONSENT CALENDAR
Meeting Date: June 18, 2024
8 Packet Pg. 162
Draft One Axon AI Assisted Report Writing Page 2 of 3
amount of time required to report write including report writing overtime. While hiring and recruitment efforts have been working ; getting additional personnel resources off training can take almost two years.
Currently, the census population of Campbell is 43,959 residents. That places our staffing at just over one (1.04) officers per thousand residents. This is well below the County average in 2018 of 1.2 officers per thousand. If you count only available officers currently working in a solo full duty capacity that is (.77) officers per thousand residents.
The Planning Division staff has notified the Police Department that residential development in projected to increase over the next eight years.
Technological advances such as AI, when adopted responsibly, will help our officers be more efficient, spend more time in the community providing for public safety, and maintain service levels in a time when the workload is only increasing and adding additional personnel is not achievable.
DISCUSSION
The Police Department has consolidated information systems with Axon to remove silos of information and create efficiencies for employees. Axon recently released Draft One, a draft narrative generation tool that utilizes the officers body worn camera audio to create a first draft narrative . The software creates a first draft that requires officers to include additional details related to their observations and involved party actions. Once officers have reviewed the reports, added the required fields, reviewed, and digitally signed off that the report is a true representation of the events; the officer can then place the narrative into the report. Agencies involved in beta testing for Axon saw a 50% - 70% time savings in report writing using Draft One across all types of reports.
Axon ran a double-blind randomized control trial study in which 24 experts reviewed 120 narratives. Some of the narratives were generated using Draft One and some were not.
The experts included District Attorneys, Command Staff, and equity and inclusion scholars. The experts were asked to score each narrative for five different dimensions:
Comprehensiveness, Neutrality, Objectivity, Terminology, and Coherence. Scores for Comprehensiveness, Neutrality, and Objectivity were the same for narratives generated with the help of Draft One compared to narratives created without Draft One. Draft One narratives performed significantly better where Terminology was concerned.
Staff met with the Santa Clara County District Attorney’s Office in early May, 2024, regarding the Police Department’s intent to trial Draft One in Axon RMS. Officers have been using Draft One on reports since early May, 2024, on a trial basis and have reported a 50% time savings across all categories of police reports. As officers become more familiar with the software and utilize narration with their body cameras, staff anticipates even greater time savings.
8 Packet Pg. 163
Draft One Axon AI Assisted Report Writing Page 3 of 3
Draft One is a software option available to Axon Body Worn Camera and RMS users only and is specifically compatible with the Axon ecosystem. Axon’s Draft One is the only AI assisted report writing system in the industry. The purchasing procedures outlined in the City’s Municipal Code Section 3.20.050 state that purchases of equipment shall be made according to specified bidding procedures. However, per Municipal Code Section 3.20.030(7), the bidding procedures may be dispensed with when the supplies, services or equipment can only be obtained from one vendor, in which case the City may negotiate directly with that vendor.
FISCAL IMPACT
Draft One would be added to the City’s existing ten -year contract with Axon at a total cost of $246,204.00 and a yearly cost of $35,172.00. This is based on a cost of $58.62 dollars per month per body camera. This amounts to about one-half hour of overtime per officer per month. Based on our initial testing of the system, staff anticipates the reduction in report writing overtime costs to the City to well exceed the yearly costs of Draft One resulting in net savings over time.
Year one of six will be paid for out of funding from the Supplemental Law Enforcement Grant fund. Staff will evaluate the budget on an ongoing basis to determine if grant funds or general funds would be appropriate for the remaining years (See attached contract Exhibit A).
Prepared by:
Ian White, Police Captain
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Draft One Resolution
b. (Exhibit A) Campbell Police Dept. - CA - Add Draft One to 58943 4.29.24 8 Packet Pg. 164
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING AN ADDENDUM TO THE CONTRACT WITH AXON AND
AUTHORIZING THE CITY MANAGER TO SIGN THE CONTRACT ADDENDUM AND
DISPENSE WITH BIDDING REQUIUREMENTS AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.030(7).
WHEREAS, the Axon’s Draft One artificial intelligence draft narrative generator is consistent with the City’s goal of adopting technologies that enhance public safety and improve officer efficiency; and
WHEREAS, the Campbell Police Department has used Draft One on a trial basis and officers have realized 50% time savings across all crime report types; and WHEREAS, Campbell Police Department Officers make the most arrests and write the most reports per officer in the County of Santa Clara; and WHEREAS, improved efficiencies realized by the adoption of advanced technologies will assist the Campbell Police Department in maintaining high service levels despite the challenges of population increase and decreased staffing levels; and WHEREAS, improvements in quality, detail , and standardization in reporting improves the services provided to the community and our justice partners; and WHEREAS, Draft One is a software option available to Axon Body Worn Camera and RMS users only and is specifically compatible with the Axon ecosystem. Axon’s Draft One is the only AI assisted report writing system in the industry; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the City Council adopt a Resolution approving a six-year addendum to the contract with Axon and authorizing the City Manager to sign the contract and dispense with bidding requirements as specified in Campbell Municipal Code Section
3.20.030(7).
APPROVED:
___________________________
Susan Landry, Mayor
ATTEST:
________________________
Andrea Sanders, City Clerk
8.a
Packet Pg. 165
Attachment: Draft One Resolution (Draft One Axon AI Assisted Report Writing)
Q-573234-45411.716KP
Issued: 04/29/2024
Quote Expiration: 06/30/2024
Estimated Contract Start Date: 07/15/2024
Account Number: 112742
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Campbell Police Dept. - CA
70 N 1st St
Campbell,
CA
95008-1458
USA
Campbell Police Dept. - CA
70 N 1st St
Campbell
CA
95008-1458
USA
Email:
Kyle Panasewicz
Phone: +1 4803294734
Email: [email protected]
Fax: (480) 905-2071
Ian White
Phone:
Email: [email protected]
Fax:
Quote Summary Discount Summary
Program Length 84 Months Average Savings Per Year $9,000.00 TOTAL COST $246,204.00
ESTIMATED TOTAL W/ TAX $246,204.00 TOTAL SAVINGS $63,000.00 Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
8.b
Packet Pg. 166
Attachment: (Exhibit A) Campbell Police Dept. - CA - Add Draft One to 58943 4.29.24 (Draft One Axon AI
Payment Summary
Date Subtotal Tax Total
Jun 2024 $35,172.00 $0.00 $35,172.00
Jun 2025 $35,172.00 $0.00 $35,172.00
Jun 2026 $35,172.00 $0.00 $35,172.00
Jun 2027 $35,172.00 $0.00 $35,172.00
Jun 2028 $35,172.00 $0.00 $35,172.00
Jun 2029 $35,172.00 $0.00 $35,172.00
Jun 2030 $35,172.00 $0.00 $35,172.00
Total $246,204.00 $0.00 $246,204.00
8.b
Packet Pg. 167
Attachment: (Exhibit A) Campbell Police Dept. - CA - Add Draft One to 58943 4.29.24 (Draft One Axon AI
Quote Unbundled Price: $309,204.00
Quote List Price: $309,204.00
Quote Subtotal: $246,204.00
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Software
101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT
WRITING 50 84 $73.62 $58.62 $246,204.00 $0.00 $246,204.00 Total $246,204.00 $0.00 $246,204.00
8.b
Packet Pg. 168
Attachment: (Exhibit A) Campbell Police Dept. - CA - Add Draft One to 58943 4.29.24 (Draft One Axon AI
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date Software
Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 50 07/15/2024 07/14/2031
8.b
Packet Pg. 169
Attachment: (Exhibit A) Campbell Police Dept. - CA - Add Draft One to 58943 4.29.24 (Draft One Axon AI
Shipping Locations
Location Number Street City State Zip Country
1 70 N 1st St Campbell CA 95008-1458 USA
Payment Details
Jun 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 1 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 50 $35,172.00 $0.00 $35,172.00 Total $35,172.00 $0.00 $35,172.00
Jun 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 2 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 50 $35,172.00 $0.00 $35,172.00 Total $35,172.00 $0.00 $35,172.00
Jun 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 3 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 50 $35,172.00 $0.00 $35,172.00 Total $35,172.00 $0.00 $35,172.00
Jun 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 4 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 50 $35,172.00 $0.00 $35,172.00 Total $35,172.00 $0.00 $35,172.00
Jun 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 5 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 50 $35,172.00 $0.00 $35,172.00 Total $35,172.00 $0.00 $35,172.00
Jun 2029
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 6 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 50 $35,172.00 $0.00 $35,172.00 Total $35,172.00 $0.00 $35,172.00
Jun 2030
Invoice Plan Item Description Qty Subtotal Tax Total
Annual Payment 7 101283 AXON RECORDS - DRAFT ONE - AI-ASSISTED REPORT WRITING 50 $35,172.00 $0.00 $35,172.00 Total $35,172.00 $0.00 $35,172.00
8.b
Packet Pg. 170
Attachment: (Exhibit A) Campbell Police Dept. - CA - Add Draft One to 58943 4.29.24 (Draft One Axon AI
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
8.b
Packet Pg. 171
Attachment: (Exhibit A) Campbell Police Dept. - CA - Add Draft One to 58943 4.29.24 (Draft One Axon AI
\s1\ \d1\
Signature Date Signed
4/29/2024
8.b
Packet Pg. 172
Attachment: (Exhibit A) Campbell Police Dept. - CA - Add Draft One to 58943 4.29.24 (Draft One Axon AI City
Council
Report
TITLE: Calling General Municipal Election for Districts 1 and 2; and Requesting Consolidation of Election in Accordance with California Elections Code Section 10418 (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a Resolution calling the General Municipal Election for November 5, 2024 to elect one Councilmember from District 1, and one Councilmember from District 2; and requesting consolidation of election with the Registrar of Voters in accordance with California Elections Code Section 10418; resolving any tie votes by lot; levying a fee to each candidate for their Candidate Statement.
BACKGROUND
At the July 2, 2019 regular City Council meeting, Ordinance No. 2248 was adopted establishing a by-district election process and election sequence for five council districts pursuant to California Government Code Section 34886 and 34871(a). Campbell Municipal Code Section 2.04.180 provides that except as otherwise required by California Government Code Section 26512, Councilmembers from three of the five districts established, namely, Council Districts 3, 4, and 5, shall be elected beginning with the General Municipal Election in November 2022, and every four years thereafter. Councilmembers from the remaining two districts, Districts 1, and 2, were elected in November 2020 and will next be on the ballot in 2024.
California Elections Code Section 10002 allows the governing body of any city to request the Board of Supervisors to permit the County Elections Official to render election services to the City relating to the conduct of an election, including services such as the provision of election supplies, production of voter pamphlets, and canvassing the election results among other election related activities. By consolidating election services with the County Registrar of Voters Office, the City realizes significant cost savings.
For the November 202 4 General Municipal Election, only voters residing in Districts 1 and 2 will vote for the City Council seats up for election in their specific district. The elected City Councilmembers will serve a four -year term. Additionally, consistent with Municipal Code Section 2.04.160 relating to City Council term limits, Councilmember Landry, District 1, will be terming out and is not eligible to run again in 202 4.
Councilmember Lopez will be completing his first four-year term and is eligible to run for Item: 9
Category: CONSENT CALENDAR
Meeting Date: June 18, 2024
9 Packet Pg. 173
Calling the General Municipal Election and Requesting Consolidation Page 2 of 4 an additional term in his respective district, District 2.
This resolution begins the process to prepare for said election by calling the General Municipal Election for Districts 1 and 2 and requesting consolidation of election with Registrar of Voters and determining to levy the cost of Candidate Statement.
DISCUSSION
The nomination period for the November 5, 2024 General Municipal Election begins on Monday, July 1 5, and ends Friday, August 9, 2024 (August 14, 2024 if no incumbent has filed). Nomination papers will be available through the City Clerk’s Office during the filing period. Candidates must obtain Nomination paper signatures from registered voters within their own district.
Each qualified candidate has an option to include a Candidate Statement in the sample ballot. The cost estimate received from the Registrar of Voters for a candidate to submit a Candidate Statement for the November 2024 election is $3,100 (a $300 increase from the 202 2 election). Since this cost could impact a candidate’s ability to include a statement in the sample ballot, the City Council has previously voted to absorb the bulk of the fee and only charge a flat fee of $300 per candidate, which was first implemented in the November 2004 election. This fee has not been adjusted since that time. This action was consistent with the Fair Political Practices Commission Advice Letter A -00- 271, which state s that a city can absorb the cost of a Candidate’s Ballot Statement.
However, the City Council may choose to charge a higher amount if a greater cost recovery is desired.
California Elections Code Section 15651 allows the City Council to choose either to resolve a tie vote by lot or by requiring a runoff election to be held. In keeping with the practice chosen by Council for the 2022 Municipal Election, the attached Resolution has been drafted to reflect a tie vote be resolved by lot. The Council may however, elect to have a tie vote resolved by calling for a special runoff election. Staff is not recommending holding a special runoff election to resolve a tie vote situation, as the cost to hold a special election would be quite high and would be borne by the City alone.
As the City now holds Councilmember elections by District, there is the possibility that any of the two Districts has only one, or no qualified candidates for the ballot. Should this happen, the City could choose to follow Elections Code Section 10229 which describes a process by which to fill a City Councilmember seat by appointment or special election. Elections Code Section 10229 states that following the candidate filing period, the City Council would meet in a Special Meeting to certify these facts and determine whether to cancel or hold the election. Choosing to cancel the City’s election (for any of the Districts scheduled to be on the ballot) would also cancel the candidate write-in period. The timeline for this option is extremely tight with the Special Meeting for Certifying of Facts, publication of the Notice of Facts, and holding an additional Special 9 Packet Pg. 174
Calling the General Municipal Election and Requesting Consolidation Page 3 of 4 meeting to make an appointment or cancel the election are all required to occur between August 14 and August 30, 2024.
Canceling an election for lack of candidates is not something that is common practice among the cities in Santa Clara County. Given the tight time frame required by Elections Code Section 10229 and the cancellation of the candidate write -in period for any potential candidates, staff is not recommending that Council formally cancel the election for any of the t wo Districts scheduled to be on the ballot in November. Instead, staff is recommending the election be allowed to go forward and voters be afforded the opportunity to write -in candidates for possible election. It should be noted that for a write-in candidate to be successful, they would need to receive 50% +1 of the total votes cast in their respective District. If following the candidate filing period, and the candidate write-in period, there ultimately is no one elected to serve in either of the two Districts, Government Code Section 36512 describing a Council seat vacancy would then be followed allowing for Council to make an appointment. The individual appointed at that time, would then serve as Councilmember as if they had been elected.
FISCAL IMPACT
Early estimated cost of the 202 4 election for only the Council elections is $ 47,800 ($21,900 for District 1 and $24,900 for District 2) which includes the cost of at least two (2) Candidate Statements per district. These amounts are estimates only based on the current fee schedule and available data from the Registrar of Voters Office and are subject to change upon final billing. These expenditures have been programmed into the Proposed Budget for Fiscal Year (FY) 202 5 under the City Clerk’s Office budget (Acct. #101.511.7436) at $ 216,100; with an additional amount of $168,300 added should the City place up to two (2) revenue measures on the November 2024 ballot .
Election costs are determined by several factors including administrative costs, number of registered voters and all ballot printing and mailing costs, and will be billed by the Registrar of Voters Office following the election. Based on initial estimates shown above, the City should stay under the current Proposed Budget for FY 202 5. However, should additional Candidate Statements be necessary or other measures be placed on the November 202 4 ballot, estimated costs will increase, and a mid -year budget adjustment would be necessary.
ALTERNATIVES
1. Waive the entire fee for Candidate Statements.
2. Assess an amount other than $300 for the Candidate Statements.
3. Require the candidate to pay the full cost of Candidate Statements.
4. Provide direction to Staff relating to cancelling an election if necessary. 9 Packet Pg. 175
Calling the General Municipal Election and Requesting Consolidation Page 4 of 4 Prepared by:
Andrea Sanders, City Clerk
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution Calling Election 2024
b. Campbell District Boundary District Map
9 Packet Pg. 176
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL CALLING THE
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF CAMPBELL ON NOVEMBER 5, 2024 BY-DISTRICT FOR DISTRICT 1 AND DISTRICT 2; REQUESTING SERVICES OF THE REGISTRAR OF VOTERS; REQUESTING
CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION IN ACCORDANCE WITH CALIFORNIA ELECTIONS CODE SECTION 10418; SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED ELECTION; RESOLVING ANY TIE VOTES BY LOT; AND DETERMINING TO LEVY THE COST OF CANDIDATE'S
STATEMENT
WHEREAS, a General Municipal Election is scheduled to be held in the City of Campbell on the 5th day of November, 20 24 for District 1 and District 2 to elect one (1) City Councilmember, each to a full term of four years, for each district.
WHEREAS, the General Municipal Election hereby called for the date herein before specified shall be and is hereby ordered consolidated with the Statewide General Election and all elections to be held in said jurisdiction and in the City of Campbell on such date, and within the territory affected by the consolidation, and the precincts, polling places and officers of election shall be the same as those established and designated for said election by the Board of Supervisors of the County of Santa Clara.
WHEREAS, the consolidated election will be held and conducted in the manner prescribed by California Elections Code §10418.
WHEREAS, pursuant to California Elections Code Section 10002 of the Elections Code, the City Council hereby requests the Board of Supervisors of the County of Santa Clara to make available the services of the Registrar of Voters for the purpose of performing the usual services in the conduct of the Consolidated Election, including the provision of election supplies and voters' pamphlets. The Board of Supervisors of the County of Santa Clara is hereby authorized to canvass the returns of said election, and said election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
WHEREAS, the City Clerk is hereby directed to file with the Board of Supervisors and the Registrar of Voters of the County of Santa Clara certified copies of this Resolution at least eighty-eight (88) days prior to the herein referenced General Municipal Election.
WHEREAS, the City Clerk shall publish Notice of said Election as required by Section 12101 of the Elections Code.
WHEREAS, in accord with Section 13307 of the Elections Code, the City Council hereby determines to levy against each candidate availing himself or herself of the service including a Candidate's Statement not to exceed two hundred (200) words in length in the voter’s pamphlet, a charge of $300 for printing and handling the Candidate's Statement.
9.a
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Attachment: Resolution Calling Election 2024 (Calling the General Municipal Election and Requesting Consolidation) The City Clerk shall provide written notice to such effect with each set of nomination papers issued. Candidates shall not be permitted to submit materials other than the Candidate's Statement with the sample ballot and voters' pamphlets.
WHEREAS, the polls for said election shall be opened for in-person voting at 7:00 a.m. on the day of said election, and shall remain open continuously from said time until 8:00 p.m. of the same day, when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.
WHEREAS, that in the event of a tie vote ( if any two or more persons receive an equal and highest number of votes for an office) as certified by the County of Santa Clara Registrar of Voters Office, the tie shall be resolved by lot in accordance with the applicable provisions of the California Elections Code Section 15651(a).
WHEREAS, should there be a lack of qualified candidates for the ballot, the City Clerk is directed to proceed with the election so that voters are afforded the opportunity to write in a candidate for possible election.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Campbell does hereby call the General Municipal Election to be held in the City of Campbell on November 5, 202 4 by-district for District 1 and District 2; requesting services of the Registrar of Voters; requesting consolidation with the Statewide General Election in accordance with California Elections Code Section 10418; specifying certain procedures for the consolidated election; resolving any tie votes by lot; determining to levy the cost of a Candidate's Statement of $300; and, directing staff to proceed with the election even if there are no more than one qualified candidate in each district.
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
9.a
Packet Pg. 178
Attachment: Resolution Calling Election 2024 (Calling the General Municipal Election and Requesting Consolidation) 3 2
1 4
5 Winchester Blvd
San Tomas Expy
Latim
er Cir
Silacci Dr
Campb
ell Te
ch
no
logy
Pky
Emory Ave
Longfellow
Ave
W
Cam
pbell Ave
El Solyo A
ve
Monica Ln
Shamrock Dr
Arroyo Seco Dr
Few
trell D
r
Ridgeley Dr
N Milton Ave
Catalpa Ln
Railway Ave
Lenor Way
M
cbain Av
e
W
Rosem
ary Ln
El Cm
t Ave
Esther Ave
Harrison Ave
Dell Ave
White Oaks Rd
Lovell Ave
Jef
frey Ave
Salmar Ave
Salerno Dr
Ravenscourt Ave
Heritage Village Ln
Almarida Dr
Loyalton Dr
Michael Dr
Virginia Ave
Old Orchard Rd
Bent Dr
W
Parr Ave
Chamberlin Ct
Theresa Ave
Jane Ann Way
Camden Ave
Pa
lo Santo Dr
Audrey Ave
Sharmon Palms Ln
Ec
ho Ave
Steinway Ave
Weston Dr
La Paz
Pollard Rd
Van Duse
n Ln
Dot Ave
La Paloma
Abbey Ln
Victor Ave
Denver Dr
N 1st St
Cristich Ln
Inwood Dr
Regina W
ay
Alice Ave
Gilman Ave
S Bascom Ave
Lisa Way
E Hami
lton Ave
Knowles Dr
Tolworth Dr
Colleen Way
Villarita Dr
M
ontem
ar W
ay
Bland Ave
Superior Dr
W
Ham
ilton Ave
Elwood Dr
Linda Dr
Abbott Ave
W
Rincon Ave
Gale Dr
Wal
nut Dr
Millich Dr
S Leigh Ave
Morrene Dr
Robnick Ct
Bucknall Rd
E H
aciend
a Ave
Leigh Ave
Cam
brian Dr
Kenneth Ave
Patio Dr
Redding Rd
Dallas Dr
Union Ave
W
Hacienda Ave
Capri Dr
Campisi W
ay
Hyde Dr
Pecan Way
Louise Ct
Filbert Way
Sharp Ave
Arnott W
ay
Bucknam Ave
W
estm
ont Ave
Amato Ave
Orchard Oak Cir
Del Oro Ct
S Peter Dr
Rose Ct
Calado Ct
Dover Way
N 3rd St
Sobrato Dr
La Corona Dr
Clifton Ave
Crockett Ave
Bism
arck Dr
E Sunnyoaks Av
e
Flamingo Dr
Hurst Ave
Arc Rd
Timber Cove Dr
Shelley Ave
Budd Ave
Ecker Ct
Justo Ct
Hardy Ave
S Bascom Ave
Phantom Ave
Grace Ave
Mccoy Ave
Peachtree Ct
Harriet Ave
Holmes Ave
City of Campbell
District Boundaries
Map layers
Existing Districts
Landmark Point
Railroad
River
Streets
Water Area©2021 CALIPERAdopted by Ordinance No. 2279; March 15, 2022
9.b
Packet Pg. 179
Attachment: Campbell District Boundary District Map (Calling the General Municipal Election and Current Plan
District 1
Total Pop 8,902
Deviation from ideal 96
% Deviation 1.09%
% Hisp 24.0%
% NH White 44%
% NH Black 4%
% Asian-American 24%
Total 5,269
% Hisp 14%
% NH White 60%
% NH Black 5%
% Asian/Pac.Isl. 19%
Total 4,640
% Latino est. 15%
% Spanish-Surnamed 14%
% Asian-Surnamed 13%
% Filipino-Surnamed 1%
% NH White est. 67%
% NH Black 4%
Total 3,903
% Latino est. 14%
% Spanish-Surnamed 13%
% Asian-Surnamed 13%
% Filipino-Surnamed 1%
% NH White est. 68%
% NH Black 4%
Total 2,879
% Latino est. 12%
% Spanish-Surnamed 11%
% Asian-Surnamed 10%
% Filipino-Surnamed 1%
% NH White est. 73%
% NH Black est. 3%
ACS Pop. Est. Total 8,584
age0-19 23%
age20-60 59%
age60plus 18%
immigrants 29%
naturalized 51%
english 60%
spanish 14%
asian-lang 14%
other lang 11%
Language Fluency Speaks Eng. "Less than Very Well" 13%
hs-grad 32%
bachelor 34%
graduatedegree 22%
Child in Household child-under18 32%
Pct of Pop. Age 16+ employed 72%
income 0-25k 9%
income 25-50k 11%
income 50-75k 10%
income 75-200k 51%
income 200k-plus 20%
single family 41%
multi-family 59%
rented 66%
owned 34%
Total population data from the 2020 Decennial Census.
Surname-based Voter Registration and Turnout data from the California Statewide Database.
Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 9,024
218
2.48%
18%
57%
3%
20%
6,315
16%
68%
3%
12%
5,780
13%
12%
8%
1%
75%
3%
4,991
12%
11%
8%
1%
76%
3%
3,567
9%
9%
6%
1%
80%
3%
8,207
16%
65%
18%
17%
55%
80%
8%
6%
6%
6%
35%
35%
19%
19%
77%
8%
10%
9%
51%
22%
42%
58%
60%
40%
3 9,097
291
3.30%
23%
45%
3%
24%
5,997
16%
59%
3%
21%
5,034
14%
14%
14%
2%
67%
3%
4,268
13%
13%
13%
1%
68%
3%
3,308
13%
12%
11%
1%
71%
3%
8,751
21%
56%
22%
28%
50%
69%
10%
15%
6%
12%
35%
30%
22%
27%
70%
10%
13%
9%
43%
24%
55%
45%
46%
54%
4 8,423
-383
-4.35%
17%
44%
3%
34%
5,520
14%
57%
3%
26%
5,231
12%
11%
18%
2%
66%
2%
4,515
11%
10%
19%
2%
66%
2%
3,361
10%
10%
16%
2%
70%
2%
7,927
22%
56%
21%
32%
55%
64%
11%
15%
10%
14%
35%
30%
18%
32%
68%
14%
15%
11%
34%
26%
59%
41%
45%
55%
5 8,582
-224
-2.54%
14%
47%
2%
34%
5,395
13%
60%
2%
23%
5,337
9%
8%
17%
1%
72%
2%
4,676
9%
8%
17%
1%
72%
1%
3,437
7%
7%
13%
1%
77%
1%
8,417
27%
53%
20%
30%
59%
66%
5%
15%
14%
10%
30%
34%
25%
43%
67%
4%
7%
7%
43%
40%
93%
7%
21%
79%
Total
44,028
674
7.65%
19%
47%
3%
27%
28,495
15%
61%
3%
20%
26,022
13%
12%
14%
1%
69%
3%
22,353
12%
11%
14%
1%
70%
3%
16,552
10%
10%
11%
1%
74%
2%
41,885
22%
58%
20%
27%
54%
68%
10%
13%
10%
11%
34%
33%
21%
30%
71%
9%
11%
9%
45%
26%
56%
44%
49%
51%
02/19/2022 10:56 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
9.b
Packet Pg. 180
Attachment: Campbell District Boundary District Map (Calling the General Municipal Election and Requesting Consolidation)
City
Council
Report
TITLE: Adoption of Fiscal Year (FY) 2025 Operating Budget and 2025 - 2029 Five-Year Capital Improvement Plan (CIP) and Establishment of the Appropriations Limit for FY 2025 (Resolutions/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a Resolution adopting the Fiscal Year (FY) 2025 City Operating and Capital budgets, including transfers, in the amounts of $88,440,459 and $12,688,490, for a combined total budget of $101,128,949; and adopt a Resolution adopting findings that the proposed FY 2025 -2029 Capital Improvement Plan (CIP) projects are categorically exempt under the California Environmental Quality Act (CEQA) and are consistent with the City’s General Plan; approving the five -year Capital Improvement Plan with projects totaling $98,451,037; including new capital projects of $5,234,000 and $6,653,272 as the amount necessary to meet the capital requirements of the City in FY 2025; directing staff to incorporate within the final adopted and published FY 2025 budget document any changes or adjustments pursuant to this public hearing and any other minor corrections prior to the budget’s final publication; and adopt a Resolution establishing the Appropriations Limit for FY 2025 at $93,535,488 pursuant to Article XIIIB of the California State Constitution.
BACKGROUND
The Proposed Fiscal Year (FY) 202 5 Operating Budget and 202 5 - 2029 Five-Year Capital Improvement Plan (CIP) has been posted on the City’s website at https://www.ci.campbell.ca.us/151/Budget . Also posted at this location is the complete Second Update of the Seven-Year Financial Forecast which covers FY 2025 through FY 2031. The purpose of this agenda item is to formally adopt the proposed operating budget and CIP.
DISCUSSION
For ease of viewing, staff has attached to this report the following items which are also included within the Budget and CIP book . These items have been updated, as needed, based on Council feedback received during the June 4, 202 4 Budget introduction as well as other recommended staff revisions detailed within:
• City Manager Transmittal Letter
• Proposed Approving Resolutions
Item: 10
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: June 18, 2024
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Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets Page 2 of 2 o FY 2025 Operating and Capital Budget
o FY 2025 CIP Conformance to General Plan (conformance affirmed by the Planning Commission on May 14, 2024)
o FY 2025 Appropriation Limit
Thank you for your review and consideration of the Proposed Fiscal Year (FY) 202 5 Operating Budget and 202 5 - 2029 Five-Year Capital Improvement Plan (CIP). Staff looks forward to speaking with you further.
FISCAL IMPACT
Complete fiscal impacts are provided with the City Manager’s Transmittal Letter and the Budget and CIP documents.
Prepared by:
Will Fuentes, Finance Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. City Manager's Transmittal Letter
b. Resolution - FY 2025 Operating and Capital Budget
c. Resolution - FY 2025 Conformance to General Plan
d. Resolution - FY 2025 Appropriations Limit
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June 18, 2024
Honorable Mayor, Vice-Mayor, and City Councilmembers:
I am pleased to present to you for formal consideration and adoption the Proposed Fiscal Year (FY) 2025 Operating Budget and 2025 - 2029 Five-Year Capital Improvement Plan (CIP). The Operating Budget and CIP serve as a policy document, a financial plan, a communication's device, and an operation’s guide; reflecting the policies, goals, programs , and service priorities and values of the City Council and the Campbell community.
Specifically, the current budget and CIP process again emphasizes a Priority-based Budgeting approach to link City resources with the strategic priorities of the City Council and community, while also seeking to mainta in fiscal prudence. To accomplish this, several meetings with the City Council and the community were held on the following dates:
• February 28 Special Meeting – Strategic Priorities Setting • May 7 Budget Study Session – Preliminary Workplans, Operating Budget, and CIP • June 4 Regular Meeting – Introduction of Budget and CIP
The budget development process though continues to be an iterative process and there will be additional opportunities for Council feedback as well as community input on June 18 (Budget Adoption). Any further Council feedback that reaches majority consensus at the June 18 Budget Adoption will be incorporated into the final Adopted Budget and CIP if it is fiscally feasible. In preparation for those meetings and so as to provide a high-level overview of the proposed budget and CIP, this transmittal letter will address the following items:
• A – Significant Changes since June 4 Introduction
• B – Financial Summary
• C – Economic Update and Outlook
• D – Long-Range Forecast
• E – Federal, State, and Other Aid
• F – Budget Awards
• G – Conclusions and Acknowledgements
• Exhibit A - FY 2025 Adopted City Council Priorities
• Exhibit B – FY 2025 Proposed Workplans
A – SIGNIFICANT CHANGES SINCE JUNE 6th INTRODUCTION
The following section details significant changes to the Proposed FY 2025 Operating Budget and 2025 – 2029 CIP since the June 4 Budget Introduction. All changes shown below are built into the proposed budget numbers and schedules before Council:
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets)
Per Council direction received at June 4 Budget Introduction and majority consensus
City Council agreed with the FY 2025 Proposed Budget and the 2025 – 2029 CIP presented by staff at the June 4 Introduction and requested no changes. Council though may direct staff to make changes at the June 18 Adoption. Once again, any further Council feedback that reaches majority consensus at the June 18 Adoption will be incorporated into the final Adopted Budget and CIP if it is fiscally feasible.
Other staff recommended changes needing Council direction and approval
• Upgrade of Recreation Supervisor at Museum from 0.88 FTEs to 1.00 FTEs – Added to the Proposed FY 202 5 Operating Budget at an estimated cost of $9,779; with funding coming from the General Fund. This request is based on workload and increasing demand for services at the Historical Museum and f ollows approved request from FY 2024 to increase position from 0.75 FTEs to 0.88 FTEs . The proposed change though would not be effective until January 1, 2025 and may be deferred should further corrective measures be necessary at the midpoint of FY 2025.
• Reclass of One (1) Building Inspector to a Sr. Building Inspector – Added to the Proposed FY 202 5 Operating Budget at an estimated cost of $7,424; with funding coming from the General Fund. This request would result in two (2) Sr. Inspectors in Building (similar to the organizational structure in Planning that has two Sr. Planners) and allow for professional growth, succession planning, and acknowledgement of the skills and capacity of existing building inspection staff. The proposed change though would not be effective until January 1, 2025 and may be deferred should further corrective measures be necessary at the midpoint of FY 2025.
• Downgrade of Assistant Engineer in Traffic Engineering from 1.00 FTEs to 0.50 FTEs – Added to the Proposed FY 2025 Operating Budget at an estimated savings of ($88,056); with funding coming from the General Fund. This position has historically been budgeted and funded at a level of 0.5 0 FTEs. For the FY 2024 budget, staff requested that it be increased to 1.00 FTEs based on anticipated workload in FY 2024 and beyond. That increase in workload never materialized and the incumbent in the position remains in a part -time role. Thus, staff proposes reverting back to the 0.5 0 FTE level for FY 2025 given the City’s fiscal constraints as well as expected workload in Traffic Engineering.
• Upgrade of Sr. Civil Engineer in Engineering 0.75 FTEs to 1.00 FTEs – Added to the Proposed FY 202 5 Operating Budget at an estimated cost of $37,544; with funding coming from the General Fund. This position was added as li mited-term in FY 2024 and has not been not filled yet. Since its initial approval, the position has been re-evaluated and staff proposes increasing it to a full 1.00 FTE for FY 2025, but still remaining limited term. The position would be used primarily to manage the grant- funded Hamilton Avenue off ramp widening project and other transportation related improvements.
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) In total, the staff proposed changes above have a net savings of $33,309 in FY 2025; which will result in a like reduction in ARPA support for General Fund operations in FY 2025.
B - FINANCIAL SUMMARY
General Fund – Financial Summary
Table 1 – General Fund Summary
For a more detailed Fund Balance Report, please see the Fund Summaries section of the Budget book
Currently Proposed FY 2025 Operating and Capital expenditures for the General Fund equal $68.7 million and include:
• $2.2 million in interfund operating transfers out to support operations in other funds; including $722,000 to support the Lighting and Landscaping District Fund, $686,000 to support the IT Fund, and $766,000 to pay for 2016 Lease Revenue Bond (LRB) debt service,
• $1.7 million in interfund capital transfers out to support Capital Improvement Plan Reserve (CIPR) projects; with $750,000 set aside as the General Funds annual CIPR contribution towards new projects and $ 952,000 for carryover CIPR projects previously approved,
• $75,000 in interfund capital transfers out to support Construction Tax projects; with the entire amount proposed to be offset by a drawdown of Construction Tax reserves, • 3% assumed salary growth for employees due to approved bargaining agreements, • Other compensation special adjustments to bring certain positions to median, • 8% assumed healthcare premium growth based on historical trends, • Assumption that certain vacancies will be frozen until at least January 1, 2025 ; with approximate savings of $917,00 0 and more detail to be provided in subsequent sections,
Related General Fund revenue sources also total $68.7 million and include:
101 GENERAL FUND
FY 22 Actual FY 23 Actual FY 24 Est. FY 25 Prop. %Chg*
Beginning Fund Balance July 1(A) 15,527,036$ 16,537,379$ 16,753,858$ 16,753,858$ (A) - Econ Fluctuations + Emergency + Unassigned + PERS Revenues
Total Revenues 57,298,806$ 63,029,077$ 69,507,088$ 68,719,281$ -1.1% Expenditures FY 22 Actual FY 23 Actual FY 24 Est. FY 25 Prop. %Chg* Total Expenditures by Type 56,288,463$ 62,812,598$ 69,507,088$ 68,719,281$ -1.1% Revenues vs Expenditures 1,010,342$ 216,479$ -$ -$ Ending Fund Balance June 30 16,537,379$ 16,753,858$ 16,753,858$ 16,753,858$ *% Change from FY 2024 Estimated to FY 2025 Proposed Budget
FUND BALANCE REPORT
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) • $1.4 million in interfund operating transfers in to support General Fund operations; including an approximately $1.2 million one-time proposed transfer from the ARPA fund to support various General Fund operations and previously approved ARPA uses to be detailed in subsequent sections , a normal $ 144,000 transfer from the Community Facilities District (CFD) #1 fund to support Police and Fire services, $6,000 from the CFD #2 fund to support Land Development, and $50,000 from the Motor Vehicle Pool fund to support Administrative and Fiscal Oversight of the division, • $1.252 million one-time draw from the Pension Reserve to fully offset the large increase in the City’s required contribution towards its unfunded actuarial liability (UAL) for pensions as discussed with Council at the May 7 Budget Study Session and June 4 Introduction,
• $952,000 draw from th e accumulated CIPR funds to support $952,000 in carryover CIPR projects previously approved, and
• $75,000 draw from Construction Tax reserve to support capital projects as previously discussed
This results in estimated General Fund expenditures remaining fully balanced against estimated General Fund revenues in FY 202 5; when short-term corrective budget strategies are implemented. In summary, in the General Fund, expenditures for FY 202 5 show a 1.1% decrease when compared to FY 202 4 Year-End Estimates of $69.5 million .
Conversely, General Fund revenues for FY 202 5 also show a 1.1% decrease when compared to FY 2023 Year-End Estimates of $69.5 million.
At the May 7 Budget Study Session, staff presented Council with an estimated $3.87 million structural operating deficit within the Preliminary FY 2025 General Fund Budget. Given Council feedback at the May 7 Study Session, staff incorporated several short-term budget corrections strategies to close this gap as well reduced expenditures in any areas operationally feasible for the June 4 Budget Introduction . Based on Council feedback received at the June 4 Budget Introduction, t hese measures have not changed and are summarized in Table 2 below and immediately following the table:
Table 2 – FY 2025 General Fund Budget Correction Strategies Incorporated Correction Strategy FY 2025 Estimated Savings
Temporary Hiring Freeze $917,000
Utilization of the City’s CalPERS Pension Reserve $1,252,000 Utilization of Remaining ARPA Funds $956,688
Other Expenditure Reductions $744,309
TOTAL $3,869,997
• Temporary Hiring Freeze (Estimated Savings $917,000) – At the June 4 Budget Introduction, staff identified 17 vacant positions equaling $3.16 million in FY 2025 and proposed that they be filled in a strategic and targeted manner and take into account operational, Workplan, and service needs ; resulting in potential savings of $917,000 in FY 2025 . For some positions, staff continues to recommend that they be frozen through at least December 31, 2024 or longer. And for other positions, staff is recommending that they be filled sooner due to where they are currently in the recruitment process as well as operational, Workplan, and service needs .
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) Adjustments to any dates shown in Table 3 below could have additional savings or costs depending on if hired later or sooner:
Table 3 – Strategic Filling of Vacant Positions
• Utilization of the City’s CalPERS Pension Reserve ($1,252,000) – The City wisely established a CalPERS Pension Reserve several years which has a current balance of $2.252 million. Several public agencies have established these types of pension reserves and one common and appropriate use is to offset large spikes in annual CalPERS payments; thereby smoothing costs. Thus, staff continues to recommend utilizing $1.252 million of the City’s CalPERS Pension Reserve in FY 2025 to fully offset the large increase in the City’s required contribution towards its UAL; leaving a balance in this reserve of $1.0 million for future pension needs. While the draw down of any reserve is never ideal, staff recommends building up this reserve in the future should the City’s financial condition allow it. One of staff’s proposed FY 2025 Workplan items is to develop a plan to pay down the City’s UAL and reduc e overall pension costs over time. Part of that plan will include the development of a Council policy clarifying the ongoing acceptable use of the City’s CalPERS Pension Reserve and how to build it up to an adequate level over time. In regard to the latter, additional Department Job Title
Total Comp ($)
Full Year Hire by Date
Total Comp ($)
Adjusted
Estimated
Savings
C ity Manager EC ON DEV MANAGER(1) 272,048$ 10/1/2024 203,477$ (68,571)$ C ity Manager HR ANALYST 187,715$ 11/1/2024 124,458$ (63,257)$ C ity Manager HR MANAGER 285,444$ 8/1/2024 261,201$ (24,243)$ C ity Manager HR REP 157,919$ 10/1/2024 118,115$ (39,804)$ C ity Manager IT MANAGER 258,429$ 1/1/2025 128,152$ (130,277)$ C omm Dev PERMIT TEC H 149,470$ 8/1/2024 136,775$ (12,695)$ C omm Dev UNHOUSED SPEC IALIST 148,230$ 7/1/2024 148,230$ -$ Police C OMM SERV OFFIC ER 161,616$ 7/1/2024 161,616$ -$ Police EMERG SVC S C OORD 117,310$ 1/1/2025 58,173$ (59,137)$ Police IT ADMINISTRATOR (PD) 216,137$ 7/1/2024 216,137$ -$ Police POLIC E OFFIC ER 219,564$ 1/1/2025 108,880$ (110,684)$ Public Works BLDG MNT WKR 162,561$ 7/1/2024 162,561$ -$ Public Works EQUIP MNT SPVSR 186,023$ 1/1/2025 92,247$ (93,776)$ Public Works LGT/TRF SIG SPVSR 210,999$ 1/1/2025 104,632$ (106,367)$ Public Works PARK MNT LEAD WKR 152,965$ 1/1/2025 75,854$ (77,111)$ Public Works SR C IVIL ENG (PPT) 194,400$ 10/1/2024 145,401$ (48,999)$ Rec & C omm REC SPEC IALIST (PPT) 81,729$ 7/1/2025 -$ (81,729)$ TOTALS 3,162,559$ 2,245,909$ (916,651)$ (1) - So as to more effectively implement the Economic Development Strategic Plan, staff is recommending that the currently vacant Economic Development Specialist be reclassified to an Economic Development Manager. A complete job specification and proposed salary range will be brought to Council for consideration in the near future. Estimated costs shown could change, but reflect the current job market for such a position.
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) funding is needed to support a future buildup; either through enhanced revenue sources or a reallocation of current resources within the General Fund.
• Utilization of Remaining ARPA Funds ($956,688) – Since the June 4 Introduction, staff has again proposed several staffing changes which would save the City $33,309; thereby resulting in a like reduction in ARPA support for General Fund operations in FY 2025. As such, this would leave a balance of $1.49 million as shown in Table 4 below. FY 2025 ARPA usage totaling $1.45 million includes the proposed $956,688 for General Fund operational support in FY 2025 as well as the previously approved Parklet Grant Program ($40,000) , Contracted Mental Health Clinician ($100,000), Housing Manager ($220,352), and Limited-Term Environmental Programs Specialist ($136,246). And while Council expressed vary degrees of interest in these items at the June 4 Introduction, they were not added pending a separate and more robust ARPA discussion as requested by Council for either the July 2 or July 16 Regular Meeting:
o Expansion of the Parklet Grant Program - Beyond $200,000 Total o City Facilities Roof Replacement (Project 24TT) - $375,000 o Campbell PDA Enhancements - Civic Center Dr at 2nd and 3rd Street (New Project) - $625,000
o Universal Basic Income (UBI) Program – Cost TBD
o Hotel Voucher Program for Unhoused – Cost TBD
o Hotel Stays for Unhoused during Inclement Weather – Cost TBD o Buy Down of At Risk Below Market Rate Units – Cost TBD
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) Table 4 – ARPA Fund Status
Prior Year FY 2024 FY 2025
Actuals Budget Proposed
Beginning Balance -$ 7,651,277$ 2,946,093$
REVENUES
ARPA Payment from US Treasury 9,997,774 - - Interest Income 43,173 - -
Sub-Total: Revenues 10,040,947 - -
EXPENDITURES
General Fund - Operational Support 2,214,670 837,087 956,688 Campbell Community Center (CCC) Wi-Fi Project 125,000 - - PPE & Misc. COVID Supplies 14,000 - - Downtown Barrier Monthly Rental 36,000 - - Parklet Grant Program - 160,000 40,000 HRIS Implementation and Payroll Operational Support - 60,000 - Employee Health Screenings - 56,000 - Boiler & HVAC Replacement - 31,000 - Replacement Storage Area Network System - 132,000 - 23OO Campbell Water Tower Light Replacement - 50,000 - 24HH ADA Transition Plan - FY24 - 50,000 - 24NN Citywide ITS Enhancement Phase 2 - 100,000 - 24OO CCC - Heritage Theatre Boiler - 90,000 - CCC - Building A HVAC Controls - 85,000 - CCC - Building A Sewer Line Replacement - 45,000 - CCC - Building M Roof Replacement - 400,000 - City Facilities Roof Replacement - 475,000 - City Hall - HVAC Chiller Replacement - 150,000 - Contracted Mental Health Clinician - 100,000 100,000 Contracted PERT Clinician - - - Housing Manager - 210,585 220,352
Limited-Term Environmental Programs Specialist - 134,512 136,246 Parks and Recreation Master Plan - 200,000 - Climate Action Plan - 300,000 -
Public Safety Building CIP Support - 939,000 - Ballot Measure Polling, Legal, and Related Consulting - 100,000 - Sub-Total: Expenditures 2,389,670 4,705,184 1,453,286 Ending Balance 7,651,277$ 2,946,093$ 1,492,807$
(1) - Staff proposes using $990,000 for General Fund operational support in FY 2025. (2) - Staff proposes reducing from $240,000 to $200,000 total in FY 2025. (3) - Staff proposes deferring program and freeing up $360,000 in APRA funds for other purposes in FY (4) - Employee did not start in position until January 8, 2024 and thus, position could be funded until January 8, 2026 given ARPA rules and Council's previous approval of ARPA funding. (5) - Employee did not start in position until October 16, 2023 and thus, position could be funded until October 16, 2025 given ARPA rules and Council's previous approval of ARPA funding.
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) • Other Expenditure Reductions ($744,309) – Since the May 7 Budget Study Session, staff also re-examined their FY 2025 Budget Requests and reduce d costs in these areas as presented at the June 4 Budget Introduction:
o Updated Salary and Benefit Costs to reflect recent hiring of employees at a lower step and benefit level than previously assumed as well as $ 33,309 in proposed staffing related reductions since the June 4 Introduction - $275,309
o Reduced Discretionary Overtime, including the following service areas, with a shift towards flexing schedules and/or accruing compensatory leave time - $45,000:
▪ Human Resources (101.515) - $15,000 decrease
▪ Community Development Admin. (101.550) - $30,000 decrease
o Reduced Outside Contractual Services, including the following, and utilizing existing staff to pick up some of the requested work or deferring until fiscal circumstances allow for the added outside work - $301,000:
▪ CDD Contract Grant Support (101.550) - $10,000 decrease ▪ Contract Staff Planning Services (101.551) - $35,000 decrease ▪ Deferral of Geologic Study of Cascade (101.552) Fault to FY 2026 - $30,000 decrease
▪ Zoning Code Updates (101.5512) - $35,000 decrease
▪ Contract Plan Checking - Structural Engineer Fees (101.554) - $150,000 decrease
▪ Some Economic Development Implementation Efforts that can be done later or done cheaper (101.556) - $41,000 decrease
o Reduced Training Expenses to reflect less anticipated staff training needed in FY 2025 - $6,000
o Reduced Operating Transfers Out to Other Funds based on budgetary reductions in those funds - $117,000
While the preceding are again short -term budget correction strategies that can bridge the General Fund budget gap in FY 2025, staff continues to recommend that Council consider the following long-term budget correction strategies:
• Placement of One or More Revenue Measures on November 2024 Ballot – As discussed during the March 19, 2024 Study Session , Council may wish to place a variety of revenue measures on the November 2024 ballot to achieve a number of priorities. To assist in these efforts, staff is currently working with consultants to survey residents on several options and develop potential ballot measure language. Staff will return to Council at a later date in the near future to provide an update on their progress and receive further Council direction.
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) Given the structural imbalance of the City’s budget by $3.87 million in FY 2025 as well as projected General Fund deficits ranging from $1.94 million to $3.87 million from FY 2026 to FY 2031 (Please see Second Update to Long-Range Financial Forecast), staff is again currently assessing community interest in generating additional, locally controlled revenue sources. Community engagement surveys the City has conducted over the past decades all consistently show that Campbell residents value local control over local funds, the City’s tradition of fiscal prudence, and the high quality of services that local residents, businesses, and visitors have come to expect. Maintaining safe neighborhoods and commercial corridors, fire protection services, streets and parks, addressing homelessness and expanding housing options have all been identified by residents as priorities. Unless additional reliable sources of locally controlled revenue are identified, the City may have no choice but to reduce core services our public relies on. That’s why the City is taking decisive steps to survey our community about its current priorities and interest, if any, in expanding our locally controlled revenue. Any voter -approved funding sources require that the funds be spent locally, and those revenues cannot be taken by Sacramento. Staff will return to Council in the near future to present the results of its community engagement surveys and gauge Council’s interest in placing revenue measures on the November 2024 ballot given community feedback.
• Service Level and Expenditure Reductions – Should the City not be able to secure additional revenue sources, service level and expenditure reductions may be necessary to correct the structural imbalances in the General Fund detailed previously. As such, the Executive Team will engage in collaborative meetings over the next several months to discuss potential 5-10% service level reductions and their associated impacts on City operations and the community. If necessary, the corrective budget actions would be implemented at the mid-point of FY 2025; subject to further Council discussion and approval.
• Restructuring and Repurposing of Current City Reserves – The City has a number of current reserves which provide it with fiscal stability. Some reserves are highly duplicative in purpose or have no policy on when they may be used. Staff recommends restructuring and repurposing the City reserve funds. Based on Council feedback received at the May 7 Budget Study Session, staff will again return to the full Council at a later date in FY 2025 with a recommendation on draft policy language for City Council’s consideration . Any such recommended changes will not redu ce the overall level of City reserves, but instead clarify their use and means of replenishment and direct them towards the highest priority City purposes.
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) All City Funds – Financial Summary
Table 6 – All Funds Summary
For a more detailed Fund Balance Report, please see the Fund Summaries section of the Budget book
Currently Proposed FY 2025 Operating and Capital expenditures across all City funds equal $100.1 million and include:
• $3.8 million in interfund operating transfers out to support operations, • $6.6 million in interfund capital transfers out to support capital projects, • $3.1 million in scheduled Measure O debt service payments, • 3% assumed salary growth for employees due to approved bargaining agreements, • Other compensation special adjustments to bring certain positions to median, • 8% assumed healthcare premium growth based on historical trends, • Assumption that certain vacancies will be frozen until at least January 1, 2025; with approximate savings of $917,00 0 and more detailed to be provided in subsequent sections,
Related revenue sources total $96.1 million and include:
• $3.8 million in interfund operating transfers in to support operations, • $6.6 million in interfund capital transfers in to support capital projects, • $1.252 million draw from the Pension Reserve to fully offset the large increase in the City’s required contribution towards its unfunded actuarial liability (UAL) for pensions, • $952,000 draw from the accumulated CIPR funds to support $ 952,000 in carryover CIPR projects previously approved, and
• $75,000 draw from Construction Tax reserve to support capital projects
This results in an annual deficit of approximately $5.1 million across all City funds. However, this deficit is largely due to proposed spending down of some of the City’s one-time remaining ARPA funds by $1.45 million and the draw down of $ 540,000 in accumulated Measure O bond premiums to partially pay for the aforementioned $3.1 million in scheduled Measure O debt service payments ; with the remaining $2.6 million in debt service expected to be supported by estimated Measure O special property tax assessments in FY 202 5. Please note that similar to prior years, staff will return to Council by early August 2024 to seek
ALL FUNDS SUMMARY
FY 22 Actual FY 23 Actual FY 24 Est. FY 25 Prop. %Chg*
Beginning Fund Balance July 1 56,890,257$ 96,824,524$ 100,688,119$ 42,311,317$ Revenues
Total Revenues 163,265,521$ 94,060,104$ 105,058,551$ 96,073,636$ -8.6% Expenditures FY 22 Actual FY 23 Actual FY 24 Est. FY 25 Prop. %Chg* Total Expenditures by Type 123,331,254$ 90,196,509$ 163,435,353$ 101,128,949$ -38.1% Revenues vs Expenditures 39,934,267$ 3,863,595$ (58,376,802)$ (5,055,313)$ Ending Fund Balance June 30 96,824,524$ 100,688,119$ 42,311,317$ 37,256,004$ *% Change from FY 2024 Estimated to FY 2025 Proposed Budget
FUND BALANCE REPORT
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) approval of Measure O tax rates for FY 202 5 that are sufficient to support the remaining annual debt service payments.
In summary, across all City funds, expenditures for FY 202 5 show a 38.1% decrease when compared to FY 2024 Year-End Estimates of $163.4 million. This decrease is largely due to most Measure O bond proceeds being appropriated in FY 2024 so that construction contracts could be entered into to complete the associated Library and Police building projects.
Operating Expenses though only shown a 1.2% decrease when compared to FY 2024 Year- End Estimates of $89.5 million. Conversely, across all City funds, revenues for FY 2025 show an 8.6% decrease when compared to FY 202 4 Year-End Estimates of $105.6 million. This decrease is largely due to the full recognizing of grant and other misc. one -time revenue related to Measure O projects in FY 2024.
General Fund and Citywide revenue estimates and proposed expenditures by type and department are shown in the Fund Summaries and Departments sections of the Budget Book.
And for more information on the assumptions used to estimate key revenues and other significant items of note, please see the Funding Sources sections of the Budget Book.
C - ECONOMIC UPDATE AND OUTLOOK
In April 2024, the US labor market showed signs of moderation. The report released on Friday, May 3rd by the Bureau of Labor Statistics (BLS) showed employers scaled back hiring, resulting in a modest increase of 175,000 jobs in nonfarm payrolls, the smallest gain in six months. The Bureau's report also highlighted an unexpected rise in the unemployment r ate to 3.9% from 3.8%, providing further support of a potential cooling in the job market after a strong start to the year. Wage gains slowed, with average hourly earnings climbing 0.2% from March and 3.9% from a year ago, the slowest pace since June 2021. Sectors such as leisure and hospitality, construction, and government experienced slowdowns in job growth, while healthcare, transportation, and retail trade saw more substantial gains.
Initial US Jobless Claims increased 22,000 to a higher -than-expected 231,000 level, and Continuing Claims rose 17,000 to 1.785 million. Recent trends continue to indicate a tight labor market, but the job’s report for the week of May 10th may flash early warning signs of a slowdown. The University of Michigan Consumer Sentiment Index took a dive as inflation expectations increased. The preliminary index for May 2024 fell to 69.1 from 77.2 in April 2024. Consumers are seeing a stall in disinflation, and moderation in hiring and wage growth is also dampening consumers' confidence. Both current conditions and expectations dropped to the lowest levels since November 2023. The 1 -year inflation expectations m easure rose three-tenths to 3.5%, and t he 5-year inflation expectations measure rose one -tenth to 3.1% in May, reaching their highest levels since November 2023. Relative stability in the 5 -year measure indicates that inflation expectations remain anchored. The report underscores staff’s view that consumer spending will slow in the face of growing headwinds such as depleted savings and increasing borrowing costs.
All eyes were on the Federal Reserve (Fed) in May as it maintained its current range for the federal funds rate between 5.25% and 5.50%, while acknowledging a lack of significant progress in curbing inflation to its 2% target. The Fed announced a slower reduction in bond holdings on its balance sheet, with the monthly cap on Treasurys reduced to $25 billion from $60 billion but maintaining the mortgage roll -off at $35 billion. Thus, the total balance sheet
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) reduction cap decreased to $60 billion from $95 billion per month. This decision suggests a cautious approach to monetary policy adjustments, as Fed Chair Jerome Powell emphasized that inflation remains a concern. Powell also indicated that the next move i n interest rates is unlikely to be an increase, providing relief to some investors who had speculated about such a move. The policy updates reflect the Fed's ongoing efforts to balance economic growth while returning the economy to its 2% inflation target.
Meanwhile, US housing remains strong, with home prices rising 7.3% year -over-year in February 2024, as reported by the S&P CoreLogic Case -Shiller national home price index.
San Diego saw the biggest rise in prices in the 20-city index, up 11.4% from February of 2023.
Chicago and Detroit reported 8.9% annual increases. The strong housing data was contrasted by the decline in consumer confidence, as reported by the Conference Board, to its lowest level since mid-2022, reflecting concerns about job availability, income prospects, and overall economic conditions. The Institute for Supply Management reported US factory activity contracted in April 2024, while input prices rose at the fastest pace since 2022, posing challenges for producers amidst sluggish global markets. These factors, coupled with inflationary pressures and high borrowing costs, underscore the challenges facing households, businesses, and policymakers.
US Housing data also fell short of expectations in some areas reflecting elevated mortgage rates which continue to constrain buyer demand. Housing starts rose 5.7% year -on-year to
1.36 million units on an annualized basis, but are still hovering near their post-pandemic lows and down from over 1.8 million units at the peak. Building permits which lead housing starts fell to their lowest level since December 2022. Existing US Home Sales fell -1.9% on a month- over-month basis in April 2024; the data marked the second consecutive month of declines from -3.7% in March 2024. New Home Sales declined as well, falling -4.7% month-over- month. Consumers seem to share the s entiment as the University of Michigan Buying Conditions for Houses Index is also at a 46 -year low. The average US 30 -Year fixed rate mortgage had been steadily rising through the month of April peaking at over 7.4% before reverting to near 7% in May. Perhaps the higher mortgage rates contributed to the soft data, however seasonal adjustments to the indexes were likely a large factor.
Financial markets reacted positively to the economic releases and the Fed's stance on monetary policy. The S&P 500 rose by 0.20% to 5110, fueled by strong corporate earnings, while Treasury yields declined. The two -year yield dropped to 4.77%, and the 10 -year yield decreased to 4.48%, following Fed Chair Powell's remarks and subdued labor market data.
Looking ahead, the moderation in labor market growth and the Fed's cautious stance on monetary policy underscore the delicate balance between economic expansi on and management of inflation. Despite ongoing concerns, the market's response suggests cautious optimism about the economy's resilience amidst global uncertainties.
Inflation data was the market’s focus the week of May 17 th after a string of hotter than expected data points so far this year. The Producer Price Index (PPI) came in above expectations for April 2024, with the core measure excluding food and energy rising 0.5% month-on-month and 2.4% year -on-year. However, sever al PPI components that feed into the Federal Reserve’s preferred inflation measure, the Personal Consumption Expenditure (PCE) Deflator, decelerated. In addition, the prior month’s PPI was revised l ower from 0.2% month-on-month to -0.1% which also helped market sentiment.
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) Consumer Price Index (CPI) data for April 2024 came in line with expectations at the headline level. CPI rose 0.3% month-on-month and 3.4% year-on-year, while the core measure came in at 0.3% and 3.6% respectively. Encouragingly, the shelter component which makes up a large proportion of the CPI (and to a lesser extent, PCE) but lags real time rents continues to disinflate. The services component excluding shelter, which has remained stubbornly high, also decelerated from the prior months’ levels.
Elsewhere, US retail sales data came in below expectations this week supporting a growing narrative that consumption is finally moderating. April 2024 retail sales in the US were unchanged month -on-month but excluding more volatile components like gas, building materials and autos fell by 0.3%. Anecdotal reports from large retailers as they report earnings results also suggest consumers pulling back on spending and trading down.
In California, total nonfarm employment in the state increased by 5,200 jobs over the month of April 2024. Additionally, statewide unemployment equaled 5.3% in April 2024; unchanged from March 2024 and up from a rate of 4.5% in April 2023. In Santa Clara County, the rate decreased to 3.5% in April 2024; down from 4.1% in March 2024, but up from 2.9% in April 2023. And in Campbell, the rate decreased to 3.5% in April 2024; down from 3.8% in March 2024, but up from 2. 5% in April 2023. Thus, the County and City have seen some impacts due to recent layoffs in the technology sector, but it has not had a significant impact to unemployment numbers. At its pandemic high point in April 2020, the Campbell unemployment rate had reached 11.7%.
Staff continues to forecast slowed and relatively flat growth over the course of calendar year 2024 and through FY 2025 . Financial conditions have clearly tightened and are having the desired Treasury impact of slowing down the velocity of the economy , but likely not at the rate yet that the Fed was hoping . The Fed continues to believe that monetary policy is sufficiently restrictive, yet they will need to see more progress in the slowing of inflation data to initiate interest rate reductions. Staff believes inflation will continue to move lower, but that it still may take some time to come within normal levels.
D - LONG-RANGE FORECAST
The Second Update of the Seven-Year Financial Forecast is shown and discussed in more detail in a separate section of this Budget book called “Long-Range Financial Forecast”.
The forecast is meant to assist Council and staff in determining whether current expenditure decisions made in FY 202 5 can be supported long -term over through FY 203 1. While all budgetary requests can be supported by the General Fund and short-term corrective actions in FY 2025, based on staff’s initial analysis and reasonable growth projections in expenditure and revenues, the out years could again be a challenge given the City’s structural deficit issues absent significant ongoing expenditure and service reductions and/or new revenue sources. In regard to the latter, staff is again currently assessing community interest in generating additional, locally controlled revenue sources for potential placement on the November 2024 ballot.
E – FEDERAL, STATE, AND OTHER AID
As previously noted, the City is receive d $9.997 million total in one-time American Rescue Plan Act (ARPA) funding; with the first payment of $ 4.999 million received in FY 2021 and the second payment of $4.999 million received in FY 2022. These are one-time monies and must again be obligated (appropriated and/or encumbered through contractual agreements
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) or approved and filled City staffing ) by December 31, 2024 and spent down fully by December 31, 2026.
In addition to ARPA, staff has submitted a $1.5 million federal budget request to Representative Eshoo’s office for Campbell Priority Development Area (PDA) Enhancements Projects in the downtown area. Staff is cautiously optimistic about being awarded these funds given support from Representative Eshoo, but has not been awarded funds yet and has not incorporated them into the City’s CIP.
F - BUDGET AND FINANCIAL AWARDS
For the 31st consecutive year, the City's FY 2024 budget received national recognition by earning the Government Finance Officers Association (GFOA) “Distinguished Budget Award.” To receive the Distinguished Budget Presentation Award, a city must publish a budget document that serves as a policy document, a financial plan, a communications device, and an operations guide. We believe the FY 2025 budget conforms to GFOA program requirements. Additionally, FY 2024 is the 26th year an award of “Excellence in Budgeting” has been received from the California Society of Municipal Finance Officers (CSMFO). Copies of both awards appear in the “Budget Reference Materials” section of this document. It also should be noted that the City’s Annual Financial Report has also been an award-winning document for excellence in financial reporting at both the State and national levels for many years.
G - CONCLUSION AND ACKNOWLEDGEMENTS
The development of the Proposed Fiscal Year (FY) 2025 Operating Budget and 2025 - 2029 Five- Year Capital Improvement Plan (CIP) was made possible through the knowledge and contribution of the City’s employees, input and support from our community, and direction of the City Council.
Despite the economic pressures of the past few years, the City has done well to preserve core services, but as the budget and CIP before you demonstrate, the City continues to face significant fiscal challenges in the short- and long-term and remains cautious, conservative, and strategic in our operational growth to ensure long-term fiscal resilience.
I wish to thank everyone who participated in the budget process this year including the City Council and members of the Executive Team. Finally, I would like to recognize the staff within the Finance Department for their dedication and hard work that went into coordinating, developing, and publishing this budget document.
Respectfully submitted,
Brian Loventhal
City Manager
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) Exhibit A
FY 2025 Adopted City Council Priorities
Strategic
Objectives Council Priorities Staff Takeaways
Land Use
Long-Term Land Use
Planning and
Housing
• Continue implementation of the General
Plan, including the Housing Element
• Continue developing a comprehensive
Bike/Ped Safety Plan
• Continue developing Hamilton Avenue
Precise Plan
• Continue developing objective
standards for residential single-family
neighborhoods
• Utilize outside funding and other
resources to address the unhoused
• Consider rental policies
• Support traffic signal prioritization if
funding becomes available
• Maximize Park Development Fees and
other resources to meet resident’s
needs
Measure O
• Continue construction on Police
and Library buildings and provide
updates to Council and public
• Continue to support Oversight
Committee; providing information
as requested and required
Financial Health
Financial Stability • Develop strategic funding
recommendations to support the
implementation of Housing Element and
Housing program
• Support software and technology for
organizational, community, and fiscal
resiliency
• Support implementation of Economic
Development Plan
• Discuss and allocate remaining ARPA
funds
• Develop plans to address unfunded
pension liabilities
• Use facilities conditions assessment
study to develop plan to address
infrastructure needs
• Develop potential revenue measures for
placement on November 2024 ballot
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) Strategic
Objectives Council Priorities Staff Takeaways
• Continue to pursue grant funding
opportunities and funding by other
public agencies
• Support personnel recruiting efforts as
budgeted
Environment
Sustainability • Continue to support development of
Climate Action Plan
• Continue to implement SB 1383, equity
for all housing types
• Continue to support resiliency of City
facilities
• Support public outreach on City
sustainability practices (single use
plastics, food waste)
Community
Community Health
and Safety
• Support traffic calming program
• Support small businesses
• Promote mental health through first
responders and partnerships
• Promote 988 program (mental health
crisis lifeline)
• Inclusivity: consider ways to be more
inclusive, for example: ADA access,
sign language translation, etc.
• Promote Council and City initiatives:
• Continue to support crossing guard
program in partnership with the school
districts:
• Support emergency management
development and training
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) Exhibit B
FY 2025 Proposed Workplans
City Manager
CM Administration
• Provide staff support to the Civic Improvement Commission [Operational Need] • Coordinate, plan, and provide staff support for the State of the City event and All Hands Meeting [Operational Need] (Resources – Internal Staff Time) • Coordinate tracking of state legislation (that may impact City) with Legislative Subcommittee [Operational Need] (Resources – Internal Staff Time) • Continue to provide guidance and support for labor related issues [Operational Need] (Resources – Internal Staff Time)
• Promote City Council initiatives through various forms of media [Operational Need] (Resources – Internal Staff Time)
• In coordination with Legal Services, City Clerk’s Office, Finance, and outside consultants (as needed), provide overall guidance in the evaluation and development of potential ballot measures for November 2024 ballot [Council Priority – Financial Stability] (Resources – Internal Staff Time and Outside Consultants at approx. $100,000)
Measure O
• Provide overall coordination of Measure O Police, Library, and related projects [Council Priority – Measure O] (Resources – Internal Staff Time) • Provide support to the Measure O Citizens’ Oversight Committee [Council Priority – Measure O] (Resources – Internal Staff Time)
Human Resources
• In collaboration with the Finance Department and Information Technology (IT) Division as well as other key stakeholders, complete the implementation, testing, and training for a new Human Resources Information and Payroll System LEAD DEPARTMENTS – HR and Finance [Council Priority – Financial Stability] (Resources – Internal Staff Time and Contractual Services with Software Vendor) • Coordinate and plan Benefits Fair and Volunteer Program for City staff [Operational Need] (Resources – Internal Staff Time)
• Work with Liebert Cassidy Whitmore on meet and confer items with CMEA, CPCEA, CPOA, and CARP [Operational Need] (Resources – Internal Staff Time and Outside Legal Services)
• Open negotiations with CMEA, CPCEA, CPOA, and CARP for bargaining agreements expiring at the end of FY 2025 or the middle of FY 2026 [Operational Need] (Resources – Internal Staff Time)
• Launch citywide mandatory training to cover essential topics such as Harassment Prevention, Ethics, Anti -bias, Front Counter Security Training, and Active Shooter Training [Operational Need] (Resources – Internal Staff Time)
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) Information Technology
• In collaboration with the Finance Department and Human Resources (HR) Division as well as other key stakeholders, complete the implementation, testing, and training for a new Human Resources Information and Payroll System LEAD DEPARTMENTS – HR and Finance [Council Priority – Financial Stability] (Resources – Internal Staff Time and Contractual Services with Software Vendor) • Provide IT consultation regarding Measure O projects [Council Priority – Measure O] (Resources – Internal Staff Time)
• Adapt Zero-Trust security stance for all enterprise technology platforms [Financial Stability] (Resources – Internal Staff Time and Outside Software Licensing) • Purchase and deploy replacement Network Firewall system [Financial Stability] (Resources – Internal Staff Time in coordination with Outside Vendors) • Replace 25% of antiquated desktop computers [Operational Need] (Resources – Internal Staff Time in Coordination with Outside Vendors) • Continue public meeting recording and management [Operational Need] (Resources – Internal Staff Time)
• Replace public meeting video and recording systems [Operational Need] (Resources – Internal Staff Time)
• PD - Upgrades related to DOJ mandates (NIBRS) [Operational Need] (Resources – Internal Staff Time)
Economic Development
• Begin Implementation of the City’s 2024 Economic Development Plan, including website improvements, creating a business guide, conducting outreach with brokers, and collaborating with the business stakeholders on upcoming events. [Council Priority-Financial Stability] (Resources – Contractual Staff followed by Hiring of Internal Staff)
• Begin work on potential branding and promotion of Dell / McGlincy area, including outreach and survey of existing businesses [Council Priority -Financial Stability] (Resources – Contractual Staff followed by Hiring of Internal Staff) City Clerk's Office
• Carry-forward from FY 2023 - Comprehensive review of citywide records; coordinating and implementing a revised records retention schedule and procedures [Operational Need] (Resources – Internal Staff Time and Outside Consultants at approx. $20,000) • Conduct the November 5, 2024, Municipal Election for Districts 1 and 2 [Operational Need] (Resources – Internal Staff Time and County Costs at approx. $18,000) • Support and assist internal and external teams with potential placement of revenue ballot measure [Financial Stability] (Resources – Internal Staff Time and County Costs at approx. $198,000)
• Review and evaluate new agenda management software [Operational Need] (Resources – Internal Staff Time and Setup Costs at approx. $13,000) Community Development
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) Administration
• In coordination with the Finance Department, City Council, key stakeholders, and outside consultants (as needed), develop funding strategies and options to support Housing Element programs. LEAD DEPARTMENTS - Community Development and Finance [Council Priorities –Long-Term and Land Use Planning and Housing and Financial Stability] (Resources – Internal Staff Time) • Upgrade permit tracking system to create greater efficiencies and increase performance in permit processing including establishing and tracking metrics for permit processing and inspections. [Operational Need] (Resources – Contractual Project Manager at approx. $60,000)
• Complete ordinance and policy updates to implement procedures for pass through funded technical studies [Operational Need] (Resources – Internal Staff Time) Policy Development
• Continue preparation of a Citywide Climate Action Plan [Council Priority – Sustainability] (Resources – Internal Staff Time and Outside Consultants at approx. $300,000 total for plan)
• In coordination with the Public Works Department, start preparation of Hamilton Avenue Precise Plan [Council Priority – Long - Term Land Use Planning and Housing] (Resources – Internal Staff Time and Outside Consultants at approx. $400,000 total for plan)
• Support the Recreation and Community Services and Public Works Departments to prepare a Citywide Parks and Recreation Facilities Master Plan [Council Priority – Long - Term Land Use Planning and Housing] (Resources – Internal Staff Time) • In coordination with the Public Works Department and contingent on grant funding, start preparation of a Citywide Multimodal plan with bicycle and pedestrian improvements [Council Priority – Long - Term Land Use Planning and Housing ] (Resources – Internal Staff Time and possible TBD Consultant Services at approx. $650,000 total)
• Complete updates to the City’s Multifamily Residential Development and Design Standards (MFDDS) – [Council Priority – Long Term Land Use Planning and Housing] (Resources – Internal Staff Time and Consultant Services at approx. $412,000 total through previously approved contract with Opticos Design Inc.) • Complete updates to the City’s Historic Preservation Ordinance and Mills Act Program [Council Priority – Long Term Land Use Planning and Housing] (Resources – Internal Staff Time)
Current Planning
• Create checklists and ordinance code updates for streamlining CEQA review of development projects consistent with the 2040 General Plan [Operational Need] (Resources – Internal Staff Time and Outside Consultant at approx. $17,000) • Implement annual code updates to comply with new state laws and implement streamlining to meet the city’s economic development goals. [Operational Need] (Resources – Internal Staff Time and Outside Legal Support at approx. $10,000)
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) • Coordinate with the Planning Commission on evaluating and implementing modifications to Site and Architectural Review Committee. [Operational Need] (Resources – Internal Staff Time)
Building
• Complete necessary ordinance code updates and begin implementation of state laws requiring streamlined permitting for Photovoltaic and EV Charging projects. [Operational Need] (Resources – Internal Staff Time)
• Establish a staff training, leadership, and continuing education program for Building staff. [Operational Need] (Resources – Internal Staff Time) • Complete integration of Code Enforcement with the Building Division processes to address violations. [Operational Need] (Resources – Internal Staff Time) Housing Assistance
• Implement BMR Housing program improvements as identified in Housing Program audit in association with Housing Element implementation [Council Priority – Long - Term Land Use Planning and Housing] (Resources – Internal Staff Time and BMR Consultant at approx. $175,000)
• Complete ordinance code updates to implement modifications to the City's Inclusionary Housing Ordinance and a Commercial Linkage Housing Fee to support Affordable Housing production [[Council Priority – Long - Term Land Use Planning and Housing] (Resources – Internal Staff Time and Outside Consultant) • Begin work on homelessness programs including hiring of an unhoused specialist [Council Priority – Long - Term Land Use Planning and Housing] (Resources – Internal Staff Time)
• Prepare Ordinances to implement State Laws (SB 10 & 684) addressing missing middle housing [Council Priority – Long - Term Land Use Planning and Housing] (Resources – Internal Staff Time)
• Conduct outreach to increase community awareness of housing assistance programs available in Campbell, including resources to support development of ADU’s [Council Priority – Long - Term Land Use Planning and Housing] (Resources – Internal Staff Time and Outside Contract Support)
• Pursue Pro-Housing Designation from State Housing and Community Development [Council Priority – Long - Term Land Use Planning and Housing] (Resources – Internal Staff Time)
• Pursue programs and actions that preserve existing affordable housing units that will convert to market rate housing by 2026 [Council Priority – Long - Term Land Use Planning and Housing] Resources – Internal Staff Time)
• Complete ordinance updates addressing rent modifications for Below Market Rate (BMR) Housing [Council Priority – Long - Term Land Use Planning and Housing] Resources – Internal Staff Time)
• In Coordination with the Recreation and Community Services (RCS) Department as well as community groups and potential outside service providers, pursue the establishment of cold weather shelter in Campbell. Additionally, collaborate with the County and o ther West Valley cities in establishing a regional homeless shelter.
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) [Council Priority – Long - Term Land Use Planning and Housing] Resources – Internal Staff Time and TBD Outside Consulting)
• Begin initial work on establishing a potential Housing Commission [Council Priority – Long - Term Land Use Planning and Housing] Resources – Internal Staff Time) Finance
• In coordination with an outside consultant, the City Manager’s Office, all members of the Executive Team, and other key stakeholders, explore potential new revenue sources to place on the 2024 General Election ballot LEAD DEPARTMENTS – City Manager’s Office and Finance Department [Council Priority – Financial Stability] (Resources – Internal Staff Time and Outside Consultants at approx. $100,000) • Develop strategies to systematically address Unfunded Pension Liabilities in the short- and long-term [Council Priority – Financial Stability] (Resources – Internal Staff Time and Outside Consultants at approx. $17,000 annually) • Using results of completed facilities condition assessment, collaborate with the Public Works and Recreation and Community Services Departments to prepare capital projects to address Citywide deferred maintenance issues in future Capital Improvement Plans (CIP) LEAD DEPARTMENT - Public Works [Council Priority – Financial Stability] (Resources – Internal Staff Time and Outside Consultants in Public Works)
• In coordination with the Community Development Department, City Council, key stakeholders, and outside consultants (as needed), develop funding strategies and options to support Housing Element programs. LEAD DEPARTMENTS - Community Development and Finance [Council Priorities –Long-Term and Land Use Planning and Housing and Financial Stability] (Resources – Internal Staff Time and Outside Consultants in Community Development)
Legal Services
• Assist with development of potential ballot measures for November 2024 ballot; and prepare impartial analysis for ballot [Council Priority – Financial Stability] (Resources – Internal Staff Time and Outside Consultants at approx. $100,000) • Review Community Development Department’s updates to the City’s Multifamily Residential Development and Design Standards (MFDDS) – [Council Priority – Long Term Land Use Planning and Housing] (Resources – Internal City Attorney Time) • Review Community Development Department’s ordinance and policy updates to implement procedures for pass through funded technical studies [Operational Need] (Resources – Internal City Attorney Time)
• Review Community Development Department’s updates to the City’s Historic Preservation Ordinance and Mills Act Program [Council Priority – Long Term Land Use Planning and Housing] (Resources – Internal City Attorney Time) • Work with Community Development and Public Works to finish update of Subdivision Ordinance [Council Priority - Long-Term Land Use Planning and Housing] (Resources – Internal City Attorney Time)
• Provide support on implementation of Measure O [Council Priority – Measure O] (Resources – Internal City Attorney Time)
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) • Assist City Clerk with revised records retention schedule and procedures [Operational Need] (Resources – Internal City Attorney Time) • Assist Community Development with/review Citywide Climate Action Plan [Council Priority – Sustainability] (Resources – Internal City Attorney Time) • Review Hamilton Avenue Precise Plan [Council Priority – Long - Term Land Use Planning and Housing] (Resources – Internal City Attorney Time) • Review Community Development Department’s annual code updates to comply with new state laws and implement streamlining to meet the city’s economic development goals [Operational Need] (Resources – Internal City Attorney Time) • Review Community Development Department ordinances to implement State Laws (SB 10 & 684) addressing missing middle housing [Council Priority – Long - Term Land Use Planning and Housing] (Resources – Internal City Attorney Time) • Review Community Development Department’s ordinance updates addressing rent modifications for Below Market Rate Housing [Council Priority – Long - Term Land Use Planning and Housing] (Resources – Internal City Attorney Time) Police
• Implement new technologies including Axon Computer Aided Dispatch (CAD) system, Real Time Information Center (RTIC), and Next Generation 911 [Council Priority – Community Health and Safety] (Resources – Internal Staff Time and Grant Funded Expenditures)
• Recruit and hire qualified candidates for vacancies and upcoming retirements [Council Priority – Community Health and Safety] (Resources – Internal Staff Time and Outside Contractors at approx. $200,000 annually) Public Works
Administration
• Manage Measure O capital projects; overseeing construction contracts and associated project budgets [Council Priority - Measure O Implementation] (Resources – Internal Staff Time funded with Measure O Resources) • Represent Campbell in long range regional transportation planning efforts - Envision Silicon Valley and Plan Bay Area 2050 process [Council Priority - Long-Term Land Use Planning and Housing] (Resources – Internal Staff Time) Transportation Engineering
• Review and consider revisions to the City’s Traffic Calming Policy [Council Priority – Community Health and Safety] (Resources – Internal Staff Time) • Manage, design, and implement traffic calming improvements [Council Priority – Community Health and Safety] (Resources – Internal Staff Time) • Manage, design, and implement bicycle and pedestrian enhancements and safety improvements [Council Priority - Long-Term Land Use Planning and Housing ] (Resources – Internal Staff Time and Outside Grant Funded Expenditures)
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) • Manage Safe Routes to School Maps Project [Council Priority – Community Health and Safety] (Resources – Internal Staff Time and Outside Grant Funded Expenditures)
• Manage Hamilton Avenue/State Route 17 Bicycle Overcrossing Planning Study (tentative, pending VTA scoring committee results) and revisit priority and resource allocation [Council Priority - Long-Term Land Use Planning and Housing] (Resources – Internal Staff Time and Outside Grant Funded Expenditures) • Apply for and manage grant funds as provided through VTA and other granting agencies [Council Priority – Financial Stability] (Resources – Internal Staff Time) Engineering
• Implement the Annual Street Maintenance Program [Council Priority – Financial Stability] (Resources – Internal Staff Time and Outside Contractors Funded by CIPR and External Agencies)
• Manage and implement all other approved Capital Improvement Projects [Operational Need] (Resources – Internal Staff Time)
• Continue update of City Standard Details and Technical Specifications for Public Works Construction [Operational Need] (Resources – Internal Staff Time) • Review applications and issue permits for wireless facilities/small -cell wireless projects in the public right -of-way [Operational Need] (Resources – Internal Staff Time)
• Review encroachment permit applications and issue permits for construction within the public right-of-way [Operational Need] (Resources – Internal Staff Time) • Perform field inspections of construction operations within the public right -of-way [Operational Need] (Resources – Internal Staff Time)
• Maintain streetlight inventory and assist with street lighting needs for projects [CIP Support] (Resources – Internal Staff Time)
• In coordination with the Recreation and Community Services Departments, prepare a Citywide Parks and Recreation Facilities Master Plan [Council Priority – Long - Term Land Use Planning and Housing] (Resources – Internal Staff Time) Land Development
• Review development proposals for compliance with the reissued Storm Water Municipal Regional Permit (MRP 3.0), including necessary updates to the Green Infrastructure Plan [Council Priority – Long-Term Land Use Planning and Housing] (Resources – Internal Staff Time)
• Review and approve land development projects for compliance with City policies adopted plans, and City standard plans and details, and identify associated improvements on public rights -of-way [Operational Need] (Resources – Internal Staff Time)
• In coordination with the Community Development Department, facilitate construction of any remaining Semi -permanent Parklets in Downtown Campbell [Operational Need] (Resources – Internal Staff Time)
Maintenance
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) • Complete a comprehensive Inventory and Condition Assessment of all City Facilities [Council Priority - Financial Stability] (Resources – Internal Staff Time and Outside Contractors Funded by CIPR)
• Complete all approved Capital Improvement Projects, including Campbell Community Center and the Sunnyoaks Fire Station Roofing projects [Council Priority – Sustainability] (Resources – Internal Staff Time)
• Complete preventative maintenance work in Maintenance Zones 10 & 11, including the removal and replacement of displaced sidewalks, curb and gutter and structural tree trimming [Council Priority – Community Health and Safety] • Complete installation of new Tesco Battery Backup Systems in all 43 signalized intersections [Council Priority – Community Health and Safety] • Implement water conservation strategies including turf and irrigation controller upgrades for the Community Center and sports fields [Council Priority – Sustainability] (Resources – Internal Staff Time)
• Support volunteer events such as Keep America Beautiful and Campbell Garage Sale [Operational Need] (Resources – Internal Staff Time)
• Complete the acquisition and installation of a new Traffic Signal and Lighting Modular Building at the Service Center [CIP Support] (Resources – Internal Staff Time) • Complete all approved vehicle and equipment purchases and lease acquisitions as budgeted [Operational Need] (Resources – Internal Staff Time) • Complete replacement of three diesel -powered heavy -duty trucks with gasoline powered vehicles to meet EPA Tier 4 motor requirements [Operational Need] (Resources – Internal Staff Time)
• Complete asphalt repairs, seal coating, and striping for the Campbell Community Center Parking Lot [Operational Need] (Resources – Internal Staff Time) • Complete Annual Crack Seal Project [Operational Need] (Resources – Internal Staff Time)
• Complete installation of Calsense Irrigation Controllers for John D Morgan Park and Jack Fischer Park [Operational Need] (Resources – Internal Staff Time) • Create a proposed schedule of repairs and replacements for City -owned assets as outlined in the City’s Asset Inventory Report [Council Priority – Financial Stability] (Resources – Internal Staff Time)
• Complete the renovation of the Campbell Park pedestrian bridge [Council Priority – Sustainability] (Resources – Internal Staff Time)
• Complete repair and replacement of a storm drain outfall in Los Gatos Creek at the County Park [Council Priority – Community Health & Safety] (Resources – Internal Staff Time)
Environmental
• Provide solid waste, stormwater, and water conservation expertise for the Campbell Climate Action Adaptation Plan [Council Priority - Sustainability] (Resources – Internal Staff Time)
• Coordinate and support efforts to implement the requirements of SB 1383 [Council Priority - Sustainability] (Resources – Internal Staff Time) • Coordinate and support the solid waste hauler rebranding effort [Council Priority - Sustainability] (Resources – Internal Staff Time)
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) • Provide support to the Solid Waste Management Authority when implementing the new solid waste hauler agreement and associated requirements [Council Priority - Sustainability] (Resources – Internal Staff Time)
• Coordinate and support the Planning and Building Divisions with trash enclosure plan reviews, project waste management plans, and the implementation of the newly updated construction and demolition program [Council Priority - Sustainability] (Resources – Internal Staff Time)
• Provide support to the West Valley Clean Water Authority when implementing the regional stormwater MRP 3.0 [Council Priority - Sustainability] (Resources – Internal Staff Time)
• Coordinate and support the West Valley Clean Water Authority and Campbell Street Division with the installation of full trash capture devices for State Water Board compliance [Council Priority - Sustainability] (Resources – Internal Staff Time) Measure O – City Manager’s Office
• Complete construction phase for both Police and Library buildings [Council Priority - Measure O] (Resources – Internal Staff Time funded with Measure O Resources) • Manage the construction contracts for both the Library and Police Building projects, including change order management and contract administration [Council Priority - Measure O] (Resources – Internal Staff Time)
• Implement Civic Center site staging plan to accommodate City Hall customers and employee parking [Council Priority - Measure O] (Resources – Internal Staff Time) • Provide support to the Citizens’ Oversight Committee [Council Priority - Measure O] (Resources – Internal Staff Time)
Recreation and Community Services
Administration
• In collaboration with Public Works complete Parks and Recreation Master Plan. [Council Priority – Long-Term Land Use Planning and Housing] (Resources – Internal Staff Time and Outside Consultant at approx. $210,000) • Renew Age -Friendly Cities designation with World Health Organization (WHO) [Operational Need] (Resources – Internal Staff Time)
• Explore programming opportunities to expand inclusivity through therapeutic and adaptive recreation programming [Council Priority – Community Health and Safety] (Resources – Internal Staff Time)
101.528 (Museum)
• Increase accessible searchable Museum collection records by 5% [Operational Need] (Resources – Internal Staff Time)
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Attachment: City Manager's Transmittal Letter (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
ADOPTING THE CITY'S OPERATING AND CAPITAL BUDGET
FOR FISCAL YEAR 2025
WHEREAS, there has been submitted to the City Council a proposed budget for the operation of all departments and facilities of the City of Campbell for FY 2025, and there has been submitted to the City Council a proposed budget for the capital expenditures related to City projects, and
WHEREAS, the City Council held meetings to review the proposed operating and capital budget; and the City Council took action to adopt the proposed budget; NOW, THEREFORE, BE IT RESOLVED, by the City Council that as of July 1, 202 4 the amount of $88,440,459 be fixed as the amount necessary to meet all municipal operating requirements (excluding any further changes resulting from this public hearing and/or any miscellaneous corrections), and that the amount of $12,688,490 be fixed as the amount necessary to meet the capital requirements of the City and that the same is hereby approved, confirmed and adopted at the combined total of $101,128,949; and BE IT FURTHER RESOLVED that the Finance Director is hereby authorized to make any changes resulting from the public hearing to adopt the FY 20 25 operating and capital budget or any miscellaneous corrections due to more refined estimates and incorporate these changes into the final published FY 2025 operating and capital budget document.
PASSED AND ADOPTED this day 18th of June, 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 - FY 2025 Operating and Capital Budget (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE PROPOSED FISCAL YEARS 2025-2029 5-YEAR CAPITAL
IMPROVEMENT PLAN (CIP) AND FINDING THE CIP TO BE CONSISTENT WITH THE CAMPBELL GENERAL PLAN PURSUANT TO § 65103(c) and § 65403(c) OF
THE STATE OF CALIFORNIA GOVERNMENT CODE AND EXEMPT FROM REVIEW
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, after due consideration of all evidence presented, the City Council does find as follows with respect to the FY 2025-2029 CIP:
1. The proposed CIP is consistent with the Campbell General Plan, pursuant to § 65103(c) and § 65403(c) of the State of California Government Code;
2. The proposed CIP is exempt from review under the California Environmental Quality Act (CEQA) in that it is not a “project” as defined by Public Resources Code § 21065 being an administrative activity of the City that will not result in direct or indirect physical changes to the environment pursuant to CEQA Guidelines § 15378.
WHEREAS, based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The CIP is consistent with the Campbell General Plan; and
2. No substantial evidence has been presented from which a reasonable argument could be made that the CIP projects would have a significant adverse impact on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds the proposed CIP to be consistent with the Campbell General Plan pursuant to 65103(c) and § 65403(c) of the State of California Government Code and exempt from review under the California Environmental Quality Act (CEQA); and,
BE IT FURTHER RESOLVED that the City Council approves the Fiscal Year 202 5- 2029 Capital Improvement Plan with projects totaling $98,451,037; including new capital projects of $5,234,000 and $6,653,272 as the amount necessary to meet the capital requirements of the City in FY 2025.
PASSED AND ADOPTED this day 18h of June, 2024, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
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Attachment: Resolution - FY 2025 Conformance to General Plan (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets)
APPROVED:
___________________________________
Susan M. Landry, Mayor
ATTEST:
___________________________________
Andrea Sanders, City Clerk
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Attachment: Resolution - FY 2025 Conformance to General Plan (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets) RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2025
PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA ST ATE CONSTITUTION WHEREAS, Proposition 4 was adopted by the voters of the State of California on November 6, 1979, adding Article XIII B of the California State Constitution.; and WHEREAS, Proposition. 111 was adopted by the voters of the State of California on June 5, 1990, amending Article XIII B of the California State Constitution; and WHEREAS, pursuant to Section 8 of Article XIII B of the California State Constitution, the City Council determines that the change in the cost of living shall be measured by the percentage change in Per Capita Personal Income as provided by the State of California Department of Finance from the preceding year and the change in population shall be measured by the change in the County of Santa Clara’s population growth; and WHEREAS, the City Council of the City of Campbell wishes to establish this appropriations limit for the Fiscal Year 202 5 pursuant to Article XIII B of the California State Constitution;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby finds and determines that the appropriations limit for Fiscal Year 202 5 is $93,535,488.
PASSED AND ADOPTED this day 18th of June, 2024, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
___________________________________
Suan M. Landry, Mayor
ATTEST:
___________________________________
Andrea Sanders, City Clerk
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Attachment: Resolution - FY 2025 Appropriations Limit (Adoption of Fiscal Year (FY) 2025 Operating & Capital Budgets)
City
Council
Report
TITLE: Updates to Campbell Municipal Code 3.20 - City Manager Award Threshold (Ordinance/Roll Call Vote)
RECOMMENDED ACTION
That the City Council introduce and hold first reading of an Ordinance amending Section
3.20 of the Campbell Municipal Code to update the City Manager's award threshold amount to reflect current economic conditions, keep language consistent with the California Public Contracts Code, and to add clarifying language on threshold limits.
BACKGROUND
In April 2023, Baker Tilly, an outside consultant, conducted an assessment of the City of Campbell’s (“City”) decentralized purchasing system to determine areas of optimization for the City. The assessment included interviews held with the consultant’s project team and small group discussions with staff members from Finance, Public Works, and the City Manager’s Office, the review of existing policies and procedures, analysis of two sets of purchasing transactions, facilitation of two process mapping sessions, and the evaluation of purchasing positions and structures of peer agencies. After the assessment was completed, Baker Tilly prepared a report outlining its findings. The report focused on its evaluation of citywide procurement functions for consistency, policy clarity, compliance, and overall best practices and ethics.
As a result of the assessment, Baker Tilly prepared thirty -four recommendations for improvement designed to facilitate clarity and consistency of policies and procedures, mitigate risk, and incorporate best procurement practices in a decentralized purchasing environment. Baker Tilly presented these recommendations at the June 6, 2023 City Council meeting.
One of the recommendations was to increase the City Manager’s contract award threshold amount for goods and services from the current threshold limit of $49,999.99 to $100,000 and index it for periodic adjustments based on economic conditions . This allows for thresholds to account for changing economic conditions and promotes efficiencies in staff efforts to streamline processes.
Staff is reviewing the remaining recommendations and preparing strategies for implementation over the coming months to improve existing procurement practices.
Item: 11
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: June 18, 2024
11 Packet Pg. 212
Updates to Campbell Municipal Code 3.20 Page 2 of 3
DISCUSSION
Modifying the award threshold amount that the City Manager can approve for goods and services contracts requires an ordinance amending Section 3.20 of the Campbell Municipal Code. Attached to this staff report, for City Council consideration, is an ordinance amending Section 3.20 to allow for the award threshold amount that the City Manager can approve for goods and services contracts to increase to $100,000. Should the City Council wish to increase the award threshold amount, it would need to hold a first reading and introduce the attached ordinance. The ordinance would then return to Council for second reading and adoption on July 2, 2024 and become effective after thirty days, on August 1, 2024.
In addition to the findings reported in Baker Tilly’s report, City staff surveyed and compared dollar limits currently in effect at various cities in Santa Clara County. Based on this research, the City’s current purchasing limits are generally below the purchasing limits of other cities in Santa Clara County. The table below shows a sampling of various cities’ administrative purchasing authority thresholds:
Santa Clara County Agency Purchasing Limits & Approval Authorities City of Campbell • Up to $49,999.99 – City Manager Approval • Over $50,000 –City Council approval
City of Cupertino • Up to $60,000 – Staff Approval
• $60,001 - $200,000 – City Manager Approval
• Over $200,000 – City Council Approval
City of Gilroy • Up to $99,999 – City Manager Approval
• $100,000 and up –City Council approval
Town of Los Gatos • $5,001 - $49,999 – Staff Approval
• $50,000 - $100,000 –Town Manager Approval
• Over $100,000 –Town Council Approval
City of Monte Sereno • Up to $15,000 – Staff Approval
• $15,000 - $25,000 – City Manager Approval
• $25,000 or greater – City Council Approval
City of Morgan Hill • Up to $25,000 – Staff Approval
• $25,000 - $60,000 –City Manager Approval
• Over $60,000 –City Council Approval
City of Mountain View • Up to $20,000– Staff Approval
• $20,000 - $100,000 – City Manager Approval
• Over $100,000 – City Council Approval
11 Packet Pg. 213
Updates to Campbell Municipal Code 3.20 Page 3 of 3
City of Palo Alto • Up to $85,000 – Staff Approval
• $85,001 - $250,000 – City Manager Approval
• Over $250,000 – City Council Approval
City of Santa Clara • Up to $15,000 – Staff Approval
• $15,001 - $250,000 – Purchasing Division Manager
Approval
• Over $250,000 – City Council Approval
City of Saratoga • Up to $25,000 – City Manager Approval • Over $25,000 – City Council Approval
FISCAL IMPACT
There is no fiscal impact with the adoption of the attached ordinance.
ALTERNATIVES
1. Do not introduce the proposed ordinance changes.
2. Provide alternative direction to the proposed ordinance.
Prepared by:
Jose Zetino, Administrative Analyst
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Ordinance - City Manager Award Thresholds
11 Packet Pg. 214
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 3.20 OF THE CAMPBELL MUNICIPAL CODE
REGARDING CITY MANAGER AWARD THRESHOLDS
WHEREAS, Campbell Municipal Code C hapter 3.20 establishes the City’s procedures for the purchase, leasing, and disposal of supplies, services, and equipment at the lowest possible cost, and commensurate with the quality needed; and WHEREAS, Chapter 3.20 sets forth guidelines for purchasing officer, bidding, purchase orders, formal contract procedures, open market procedures, purchases from other agencies, sale of obsolete personal property, alternative bidding procedures, requests for proposals, and authority to enter and execute contracts; and WHEREAS, Ordinance 2228 clarified sections of Chapter 3 .20 to align with State law, and identified modest changes to the purchasing dollar limits that required City Council action to reflect current market conditions; and
WHEREAS, The recommendation as it pertains to the City Manager’s contract award threshold made by Baker Tilly in their Purchasing System Organizational Assessment of the City presented during the June 6, 2023 Council Meeting and research conducted by staff; and
WHEREAS, the City Council desires to adjust the City Manager’s contract award threshold to $100,000 and to provide clarifying language to align the sections impacted.;
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Section 3.20.090 of the Campbell Municipal Code is hereby amended to read as follows with strikethroughs ( strikethroughs) indicating deleted text, and underlining (underlining) indicating added text:
3.20.090 – Alternative bidding procedures for public projects – Incorporation of uniform construction of cost accounting procedures
Pursuant to the uniform construction accounting procedures set forth in Article 2 (commencing with Section 22010) of the California Public Contract Code (the "PCC") public projects, as defined in the PCC (Section 22002), or as those sections may be amended from time to time by the state legislature, shall be advertised, bid and awarded in accordance with Article 3 (commencing with Section 22030) of the PCC.
Notwithstanding any contrary provisions of this chapter, and except as otherwise authorized or required by state or federal law, public projects with a value equal to, or less than, the informal bid limits stipulated in PCC Sections 22032(b ) and 22034(fd), as amended from time to time, shall be advertised, bid and awarded in accordance with Article 3 (commencing with Section 22030) of the Act, and pursuant to the following procedures:
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Attachment: Ordinance - City Manager Award Thresholds (Updates to Campbell Municipal Code 3.20) (a) The City shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors list shall be determined by the California Uniform Construction Cost Accounting Commission.
(b) All contractors on the list for the category of work being bid and/or all construction trade journals specified by the California Uniform Construction Cost Accounting Commission shall be mailed a notice inviting informal bids unless the product or service is proprietary.
(c) All mailing of notices to contractors and construction trade journals shall be completed not less than ten calendar days before bids are due. (d) The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for submission of bids.
(e) The City Council delegates the authority to award informal contracts to the Public Works Director, City Manager, Building Official, or other appropriate person. (f) Before awarding a public project contract, at least three bids must be received unless any of the following occurs:
(i) The product or service is proprietary;
(ii) All of the qualified contractors on the list have been solicited, but less than three bids have been received.
(g) Notice inviting informal bids shall be published at least once and publication shall be completed at least twenty-four hours before the time scheduled for opening of the bids.
(h) If all bids received are in excess of the informal bid limits stipulated in PCC Section 22032(b), as amended from time to time, the governing body of the public agency may, by passage of a resolution by a four -fifths vote, award the contract to the lowest responsible bidder if it determines the cost estimate of the public agency was reasonable, subject to the limitations of PCC Section 22034(d). (i) Any and all other procedures required by the Cost Accounting Policies and Procedures Manual of the California Uniform Public Construction Cost Accounting Commission, which is incorporated herein by reference.
Section 2: Section 3.20.091 of the Campbell Municipal Code is hereby amended to read as follows with strikethroughs ( strikethroughs) indicating deleted text, and underlining (underlining) indicating added text:
3.20.091 – Request for proposals (RFP).
Notwithstanding any contrary provision of this chapter, the bidding procedures specified in Section 3.20.050 may be dispensed with for the purchases of supplies and services that are technical in nature; provided, that the following conditions are met:
(1) With City Council approval if the estimated amount or value involved is more than fifty one hundred thousand dollars; or
(2) Without City Council approval if the estimated amount or value is less than fifty one hundred thousand dollars or less.
(3) Upon a determination by the City Council under subsection (1) or the City Manager or his or her designee under subsection (2), that the use of
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Attachment: Ordinance - City Manager Award Thresholds (Updates to Campbell Municipal Code 3.20) competitive bidding is not practical or advantageous because one or more of the following conditions exist:
(A) Price is not a primary consideration,
(B) Quality, availability or capability is overriding in relation to price in procurement of research, development, technical supplies or services, or
(C) Delivery and installation, post -sale service or maintenance, reliability, warranties or availability or replacements are overriding in relation to prices.
(4) RFP. An RFP shall be specific and will include, but not be limited to, type of services or supplies to be provided, methodology to be used and/or specifications requested, time frame for completion of the project, form and amount of performance bond, i f required, and the final form which the project will take. The RFP shall also specifically identify the time and place where the proposal shall be delivered.
(5) Receipt of Proposals. If the estimated amount or value involved is more than fifty one hundred thousand dollars, proposals shall be submitted to the City Clerk's office for acceptance by the City and then forwarded to the responsible department.
(6) Discussion with Responsible Offerors and Revisions to Proposals.
Discussions may be conducted with responsible offerors, who submit proposals that reasonably meet the selection criteria, for the purpose of clarification to assure full understanding of, and conformance to, the RFP.
Offerors shall be accorded equal treatment with respect to any opportunity for discussions, and revisions of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers.
(7) Award of Contract. Contracts over fifty thousand dollars shall be awarded by the city council and made to the responsible offeror whose proposal is determined to be the most advantageous to the city, taking into consideration the evaluation factors set forth in the RFP. (8) Rejection of Proposal. Without limitation to the applicability of any other provisions of this chapter, the city council may reject any and all proposals if such rejection is deemed in the best interests of the city.
Section 3: Section 3.20.010 of the Campbell Municipal Code is hereby amended to read as follows with strikethroughs ( strikethroughs) indicating deleted text, and underlining (underlining) indicating added text:
3.20.010 – Authority to Enter and Execute Contracts.
(1) Except as otherwise authorized by this chapter or other applicable provision of law, contracts involving the expenditure or receipt of fifty more than one hundred thousand dollars or more shall be approved by the City Council, and shall be signed on behalf of the City by the Purchasing Officer or Mayor; (2) Except as otherwise authorized by this chapter or other applicable provision of law, contracts involving the expenditure or receipt of five thousand dollars to forty-nine thousand nine hundred ninety-nine one hundred thousand
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Attachment: Ordinance - City Manager Award Thresholds (Updates to Campbell Municipal Code 3.20) dollars and ninety-nine cents shall be approved and signed on behalf of the City by the Purchasing Officer; and
(3) Except as otherwise authorized by this chapter or other applicable provision of law, contracts involving the expenditure or receipt of less than five thousand dollars may be approved and signed by the department head charged with overseeing the contract or the Purchasing Officer.
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: Ordinance - City Manager Award Thresholds (Updates to Campbell Municipal Code 3.20) City
Council
Report
TITLE: Introduction of Ordinance Adjusting City Council Compensation (Ordinance/Roll Call Vote)
RECOMMENDED ACTION
That the City Council introduce an Ordinance adjusting Councilmember compensation, within the limits set forth by Government Code Section 36516.
BACKGROUND
Traditionally, Councilmember compensation amounts are amended in years that coincide with the election of at least one new councilmember. In 2024, residents of Campbell will elect two Councilmembers whose terms begin in December 2024. As such, this is the appropriate time for the City Council to consider compensation adjustments. Approved compensation amounts would go into effect the first full pay period in January 2025, which would be the pay period of January 6 to 19, 2025 to be paid on January 30, 2025.
City Council compensation and adjustments are set under the authority of California Government Code (GC) §36516, which was amended by Senate Bill 329 t hat establishes Council salaries for cities with a population size over 35,000 and up to 50,000 to be up to $1,275 per month. Council salar y increases beyond this amount are determined by way of ordinance and cannot exceed five percent (5%) for each calendar year from the operative date of the last compensation adjustment or by an amount equal to inflation based upon the California Consumer Price Index (CPI) not to exceed 10 percent (10%) for each calendar year . Council last adjusted its compensation amount in June 2022, therefore should Council choose to do so, the compensation amount could be increased up to the $1,275 per month limit. Staff has drafted the attached Ordinance with the maximum compensation increase permissible. Council cannot provide automatic future salary increases.
Councilmember compensation was last adjusted in calendar year 2022. The current Councilmember base salary amount is $753.50 per month, which was adopted by Ordinance No. 2284 in June 2022, and made effective in January 2023.
DISCUSSION
Item: 12
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: June 18, 2024
12 Packet Pg. 219
City Council Compensation Page 2 of 3
An increase to the Council salary limit of $1,275 per month, would increase current Council base salaries by $521.50 per month or approximately 69.2%. Past practice has been for Council to adjust salaries by five percent (5%) every two years. However, there have been instances where the City’s budget situation has resulted in no adjustments being made.
A draft Ordinance increasing the City Council compensation amount by the maximum amount permissible by GC §36516 is included for Council consideration. However, Council can choose not to increase its compensation amounts, or can select any amount up to the $1,275 per month maximum.
FISCAL IMPACT
An increase in base salary would also impact other City paid benefits which are calculated as a percentage (%) of base salary including retirement and Medicare. As such, each one percent (1%) increase in base salary results in a total annual increase of $507.50 for all Councilmembers. Thus, the fiscal impact of the compensation adjustment for the proposed change to the $1,275 per month maximum would be approximately $35,1 24.08. Such cost increases are not factored into the FY 2025 budget and would be included based upon the level of salary adjustment that Council approves.
ALTERNATIVES
1. Modify the Ordinance to adjust Councilmember compensation to any amount up to $1,275 per month.
2. Decline a compensation adjustment.
3. Provide staff with other direction.
Prepared by:
Jose Zetino, Administrative Analyst
Approved by:
Brian Loventhal, City Manager
12 Packet Pg. 220
City Council Compensation Page 3 of 3
Attachment:
a. Ordinance - Council Compensation
12 Packet Pg. 221
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADJUSTING CITY COUNCIL COMPENSATION FOR CALENDAR YEARS 2025 AND 2026
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: Pursuant to California Government Code §36516, the monthly salary of each member of the City Council shall be increased from $753.50 per month to $1,275.00 per month, to commence the pay period of January 6 to 19, 2025 to be paid on January 30, 2025.
SECTION TWO: This ordinance shall become effective thirty days following its passage and adoption, and shall be published once within fifteen days upon passage and adoption in The Metro, a newspaper of general circulation in the City of Campbell, County of Santa Clara.
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
12.a
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Attachment: Ordinance - Council Compensation (City Council Compensation) City
Council
Report
TITLE: Public Hearing to Consider Interim Ordinances to Adopt Urgency Measures to Implement Senate Bill No. 684 (2023), Which Allows for Streamlined Approval of 10 or Fewer Residential Units on Lots Zoned for Multifamily Residential Development, and Senate Bill No. 4 (2023), Which Allows for Housing on Lands Owned by Qualifying Faith - Based and Higher Educational Institutions. (Ordinances / Roll Call Vote)
RECOMMENDED ACTION
It is recommended that City Council: 1) Adopt an Interim Ordinance to adopt urgency measures to implement Senate Bill No. 684 (2023) to allow for streamlined approval of 10 or fewer residential units on lots zoned for multifamily residential development; and 2) Adopt an Interim Ordinance to adopt urgency measures to implement Senate Bill No. 4 (2023) to allow for housing on lands owned by qualifying faith -based and higher educational institutions.
ENVIRONMENTAL DETERMINATION
Staff recommends that the City Council find that the proposed interim ordinances are statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 65852.21(j) and Section 66411.7(n) of the Government Code relating to implementation of Senate Bill No. 684 (2023) and Senate Bill No. 4 (2023).
EXECUTIVE SUMMARY
On October 11, 2023, Senate Bill No. 684 (SB 684) and Senate Bill No. 4 (SB 4) were signed into law by Governor Newsom. Generally, the bills require the City to ministerially consider (without a public hearing) applications for housing development projects when meeting specific site eligibility and development requirements.
Summaries of the key provisions of each Senate Bill have been included as dedicated attachments (reference Attachment C - SB 684 Summary and Attachment D - SB 4 Summary).
Recognizing SB 684 and SB 4 will go into effect on July 1, 2024, Interim Ordinances have been prepared to clarify local standards and permit processes to implement and comply with prevailing state statues until such time more permanent standards can be Item: 13
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: June 18, 2024
13 Packet Pg. 223
Interim Ordinances (SB 4 and SB 684) Page 2 of 4
considered as part of a more comprehensive update to the City’s Multi-Family Development and Design Standards and Campbell Municipal Code.
BACKGROUND
On May 14, 2024 , the Planning Commission held a study session and received a briefing on recent state legislation and case law affecting the City’s regulation of housing development (reference Attachment E – May 14, 2024 – Planning Commission Meeting Minutes). As part of the study session, staff provided an overview of SB 684 and SB 4 and indicated that the subject Interim Ordinances would be presented to the City Council for consideration in June.
DISCUSSION
Procedural Requirements : California Government Code Section 65858 allows local jurisdictions to adopt an interim ordinance to approve urgency measures as needed to provide sufficient time to address pressing land use matters. Consistent with the Government Code, Campbell Municipal Code Section 21.60.090 (Interim Ordinance) also provides that "the City Council may take appropriate action to adopt an urgency measure, as an interim ordinance, in compliance with State law…" An interim ordinance requires a four -fifths vote of the City Council for adoption and is effective for no more than 45 days. The City Council may further extend the interim ordinance for 10 months and 15 days after a noticed public hearing and may subsequently extend the urgency ordinance for up to two years. Ten days prior to the expiration of the ordinance, the City Council must issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the ordinance.
Government Code section 65858(a) provides that the City Council may, after notice pursuant to Government Code section 65090 and a public hearing, subsequently extend an interim ordinance for an additional one year beyond expiration of the first extension.
Staff anticipates that the interim ordinance will need to be extended at least once prior to the 45-day expiration to allow sufficient time to prepare and adopt a formal ordinance through the normal hearing procedures, including review and recommendation by the Planning Commission.
Proposed Interim Ordinances : The proposed Interim Ordinances primarily serve to identify and resolve areas of conflict between the City’s codes and standards (i.e., permit processes, setbacks, minimum lot sizes) and state requirements to better facilitate their use and implementation. A summary of key changes has been provided as follows:
• SB 684 Interim Ordinance:
o Permit Process: Allows for ministerial permit processing (without a public hearing) of qualifying housing development projects with 10 or fewer units 13 Packet Pg. 224
Interim Ordinances (SB 4 and SB 684) Page 3 of 4
on properties zoned for multi -family development through a zoning clearance.
o Development Standards: Provides relief from specific standards (i.e., building types, frontage types, architectural standards, parking standards) where appropriate to comply with the law.
o Miscellaneous: Introduces limited changes to Title 20 (Subdivision) with broader applicability to all subdivisions to ensure the continued maintenance and access to lots in the city.
• SB 4 Interim Ordinance:
o Permit Process: Allows for ministerial permit processing (without a public hearing) of qualifying housing development projects on lands owned by faith-based and higher educational institutions.
o Development Standards: Provides relief from parking standards and building height to comply with the law.
o Use Requirements: Allows religious institutional uses or any use that was previously existing and legally permitted to be permitted by right . Further allows childcare centers in single -family zones, and all other commercial uses permitted without a discretionary permit on the ground floor in all other zones.
In the development of permanent standards to implement the laws, staff will intend to return with options for new codes and standards that account for best practices identified from other communities and from the review of projects processed during the effective implementation of the Interim Ordinances.
NEXT STEPS
Should the City Council adopt the Interim Ordinances as recommended by staff, the City Council will need to hold another public hearing within 45 -days of their adoption (tentatively July 16, 2024) to decide whether to extend the term of the urgency ordinances or adopt permanent standards.
In consideration that SB 4 and SB 684 may be addressed part of a pending update to the City’s Multi -Family Development and Design Standards and Municipal Code, staff will intend to return with a request for an extension of time for the maximum eligible period of 10 months and 15 days (see “Procedural Requirements”), rather than prepare permanent standards for adoption, when preparing for the upcoming hearing.
ALTERNATIVES
Senate Bill No. 4 (2023) and Senate Bill No. 684 (2023) will go into effect on July 1st regardless of if any local action is taken by the City. Adoption of the interim ordinances prior to the effective date are, therefore, recommended to avoid disruption to operations. 13 Packet Pg. 225
Interim Ordinances (SB 4 and SB 684) Page 4 of 4
FISCAL IMPACT
All necessary costs associated with preparation of the Interim and pending updates to the City’s Multi -Family Development and Design Standards and Municipal Code, are accounted for within the Department’s approved budget. The City’s fee schedule also anticipates and accommodates the type of projects permitted by SB 684 and SB 4 without requiring the establishment of new permit fees. Should established fees fail to adequately capture the staff time required to facilitate the review and processing of SB 684 or SB 4 projects, staff will intend to return with recommendations to amend the fee schedule accordingly.
Prepared by:
Stephen Rose, Senior Planner
Reviewed by:
Rob Eastwood, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. SB 684 - Interim Ordinance
b. SB 4 - Interim Ordinance
c. SB 684 Summary
d. SB 4 Summary
e. May 14, 2024 - Planning Commission Meeting Minutes
13 Packet Pg. 226
Ordinance No. _____
BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING URGENCY MEASURES TO IMPLEMENT SENATE BILL NO. 684 (2023) (FILE NO. PLN-2024-69)
WHEREAS, on October 11, 2023, the Governor of the State California signed into law Senate Bill No. 684 (Caballero), to "add Sections 65852.28, 65913.4.5, and 66499.41 to the Government Code, relating to land use ," which generally allows the streamlined approval processes for small housing development projects of ten or fewer residential units on urban lots under 5 acres. The bill requires local agencies to review applications that comply with the bill's development requirements through a ministerial process, eliminating the need for discretionary hearings. Additionally, local agencies are permitted to apply objective development and design standards where applicable.
WHEREAS, certain standards, requirements, and permitting procedures of the City of Campbell Municipal Code, are inconsistent with the provisions authorized by Senate Bill No. 684 (2023).
WHEREAS, the provisions of Senate Bill No. 684 (2023) shall be in effect on July 1, 2024, and without locally codified standards, requirements, and implementation procedures, the law presents a current and immediate threat to the public peace, health, safety, and welfare, in that certain existing standards, requirements, and permitting procedures of the City of Campbell Municipal Code are in conflict with Senate Bill No. 684 (2023) and could create confusion and hinder the type of housing development and activities the law authorizes.
WHEREAS, pursuant to Section 65858 of the Government Code and Section
21.60.090 of the Campbell Municipal Code, the City Council may take appropriate action to adopt urgency measures as an interim ordinance.
WHEREAS, pursuant to Sections 65852.28(e), 65913.4.5(b) and Section 66499.41(i) of the Government Code, a local agency may adopt an ordinance to implement S enate Bill No. 684 (2023).
WHEREAS, this interim ordinance serves to establish standards, requirements, and permitting procedures to allow for orderly housing development and activities authorized by Senate Bill No. 684 (2023) while protecting the public peace, health, safety, or welfare in the City of Campbell.
WHEREAS, it is not the intent of this Ordinance to adopt permanent standards, requirements, or permitting procedures. The City Council reserves the right to adopt permanent standards, requirements, and permitting procedures consistent with Senate Bill No.684 (2023) that will supersede those contained in this interim ordinance.
WHEREAS, it is not the intent of this Ordinance to deny or delay the approval of housing development projects that are in compliance with Senate Bill No. 684 (2023).
WHEREAS, considering the foregoing findings, the City Council further finds that there
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Packet Pg. 227
Attachment: SB 684 - Interim Ordinance (Interim Ordinances (SB 4 and SB 684))