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, July 2, 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 July 2024 as Park and Recreation Month Recommended Action: Issue a proclamation declaring the month of July 2024 as National Park and Recreation Month for the City of Campbell.
COMMUNICATIONS AND PETITIONS
ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.
COUNCIL ANNOUNCEMENTS
CONSENT CALENDAR
NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of City Council, City staff, or a member of the public.
Any person wishing to speak on any item on the consent calendar should ask to have the item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.
2. Minutes of City Council Executive Session Meeting of June 18, 2024 Recommended Action: Approve the executive session meeting minutes of June 18, 2024.
3. Minutes of City Council Regular Meeting of June 18, 2024 Recommended Action: Approve the regular meeting minutes of June 18, 2024.
4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $1,637,896.56.
5. Monthly Investment Transactions Report (May 2024)
Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for May 2024.
6. Monthly Treasurer's Report (May 2024)
Recommended Action: That the City Council review and accept the Monthly Treasurer’s Report for the month ended May 31, 2024.
7. Second Reading of Ordinance 2310 Adjusting City Council Compensation (Ordinance/Roll Call Vote)
Recommended Action: That the City Council approve the second reading to adopt Ordinance No. 2310 adjusting the amount of Councilmember compensation, within the limits set forth by Government Code Section 36516.
8. JPA Addition of Los Gatos to SVACA and Associated Budget Adjustment to Reflect Savings for City of Campbell (Resolution/Roll Call Vote) Recommended Action: It is recommended that the City Council approve and authorize the City Manager to execute the revised third restated and amended Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority (SVACA) adding the Town of Los Gatos as a Member Agency and to approve an associated budget adjustment which reflects savings to the City of Campbell.
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.
9. Placing the Cost of Abating Hazardous Vegetation on the Property Tax Assessment Roll (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution placing the cost of abating hazardous vegetation on the property tax assessment roll.
NEW BUSINESS
UNFINISHED BUSINESS
10. Discussion to Consider Options for Utilizing the City's Remaining American Rescue Plan Act (ARPA) Funds
Recommended Action: That the City Council discuss and consider options to utilize the City's remaining American Rescue Plan Act (ARPA) funds by the December 31, 2024 obligation deadline and the December 31, 2026 spending deadline as set forth by the U.S. Treasury Department.
COUNCIL COMMITTEE REPORTS
11. 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 July 2024 as Park and Recreation Month
RECOMMENDED ACTION
Issue a proclamation declaring the month of July 2024 as National Park and Recreation Month for the City of Campbell.
BACKGROUND
Since 1985, the U.S. House of Representatives has designated the month of July as National Park and Recreation Month . In honor of that designation and in recognition of the National Park and Recreation Society’s effort to bring awareness to the importance of Parks and Recreation programs, staff requests that the City Council designate July 2024 as Park and Recreation Month in the City of Campbell.
DISCUSSION
The City of Campbell Recreation and Community Services Department is an integral part of the Campbell community and benefits residents as well as those living in the greater Santa Clara County. Parks and recreation are essential components of our city’s infrastructure, enhancing the quality of life for all residents.
Parks and recreation facilities promote health and wellness by providing spaces for physical activity and outdoor engagement. Community members living near parks experience significant improvements in their physical and mental health. Regular access to these areas fosters a healthier lifestyle through exercise, relaxation, and social interaction. Time spent in nature positively impacts mental health by enhancing cognitive performance and overall well -being. Parks provide a natural remedy for illnesses such as depression, attention deficit disorders , and Alzheimer’s. The calming effect of natural environments helps alleviate stress and anxiety, contributing to a more balanced and healthy life.
Campbell’s parks and recreation facilities offer diverse opportunities for physical activities, including spaces for popular sports, walking trails, swimming pools, and other recreational activities designed to promote active lifestyles. These facilities encourage community members of all ages to engage in regular physical exercise, essential for maintaining good health. Additionally, our Senior Nutrition Program offers healthy meals, socialization, and senior resources and education. By offering nutritious food Item: 1
Category: SPECIAL PRESENTATIONS
AND PROCLAMATIONS
Meeting Date: July 2, 2024
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Proclamation Declaring July 2024 as Park and Recreation Month Page 2 of 3 options and educational programs, we help combat food insecurity and promote healthier eating habits among our senior population.
Park and recreation programming is critical to childhood development. Out -of-school time programming, youth sports, and enrichment classes provide children with valuable learning experiences. These programs support academic achievement, social development, and exposure to diverse activities while laying a strong foundation for future success.
Parks and recreation significantly contribute to Campbell’s economic prosperity. They increase property values, expand the local tax base, and attract tourism. Well - maintained parks and recreational facilities make the city more attractive to businesses, aiding in their attraction and retention. This economic vitality helps reduce crime rates and foster a safer, more vibrant community. Parks and recreation areas are fundamental to Campbell’s environmental well-being. They ensure the ecological beauty of the community and provide habitats for local wildlife. These green spaces offer residents a place to connect with nature and participate in outdoor activities, promoting environmental awareness and conservation.
Park and recreation infrastructure is essential for community resilience, especially in the face of natural disasters and climate change. They offer adaptable spaces that can be utilized for emergency response, providing safe havens during crises. This adaptability makes parks a crucial component of the city’s infrastructure.
The City of Campbell recognizes the multitude of benefits derived from parks and recreation resources. Campbell is committed to maintaining and enhancing its parks and recreational facilities to ensure they continue to serve as vital assets for the community. By investing in parks and recreation, Campbell no t only promotes health and wellness but also supports economic prosperity, environmental sustainability, and community resilience. The city will continue to prioritize these essential services, recognizing their pivotal role in creating a thriving, connected, and healthy community.
FISCAL IMPACT
There is no fiscal impact associated with issuing this proclamation.
Prepared by:
Natasha Bissell, Recreation and
Community Services Director
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Proclamation Declaring July 2024 as Park and Recreation Month Page 3 of 3
Approved by:
Brian Loventhal, City Manager
Attachment:
a. PRM PROCLAMATION 2024
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PROCLAMATION
OF THE
MAYOR OF THE CITY OF CAMPBELL
WHEREAS the U.S . House o f Representative s ha s designated Ju ly as Pa rks and Recreation Month since 1985; and
WHEREAS pa rks and recreation is an integ ral pa rt o f commun ities throughou t this country, including the City of Campbell; and
WHEREAS parks and recreation promote s health and wellness , improving the physical and mental health of people who live near parks; and
WHEREAS parks and recreation promotes time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimer’s; and WHEREAS parks and recreation encourages physical activities by providing space for popular sports, safe walking and biking trails, swimming pools and many other activities designed to promote active lifestyles; and
WHEREAS, pa rks and recreation is a leading provide r of health y mea ls fo r seniors , senior nutrition services and education; and
WHEREAS, parks and recreation creates memorable experiences through youth sports and enrichment activities, teen programs, senior activity centers, senior nutrition, adult fitness, aquatics programming, free community events, and beyond; and WHEREAS, park and recreation programming and education activities, such as out-of- school time programming, youth sports, and enrichment classes are critical to childhood development; and
WHEREAS parks and recreation is
fundamental to the environmental well-being of our
community; and
WHEREAS parks and recreation is essential and adaptable infrastructure that makes our communities resilient in the face of natural disasters and climate change: and WHEREAS our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and
WHEREAS the City of Campbell recognizes the multitude of benefits from parks and recreation resources and is committed to maintaining and enhancing its parks and recreational facilities to ensure they continue to serve as vital assets for the community.
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Attachment: PRM PROCLAMATION 2024 (Proclamation Declaring July 2024 as Park and Recreation Month) NOW THEREFORE, I, Susan M. Landry , Mayor of the City of Campbell, do hereby proclaim the month of July 202 4, as Park s and Recreation Month within the City of Campbell, calling upon all residents and civic organizations to acquaint themselves with the programs and services offered through the Recreation and Community Services Department, visit our local parks and recognize the contributions that the Recreation and Community Services employees make to our community every day.
WITNESS MY HAND AND SEAL OF THE CITY OF CAMPBELL this ____ day of July 2024.
_______________________
Susan M. Landry, Mayor
City of Campbell, California
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Attachment: PRM PROCLAMATION 2024 (Proclamation Declaring July 2024 as Park and Recreation Month)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
CITY COUNCIL EXECUTIVE SESSION
Tuesday, June 18, 2024 – 6:30 PM
Doetsch Conference Room
70 N. First Street, Campbell, California
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
CALL TO ORDER
The City Council of the City of Campbell convened this day in the special meeting place, the Doetsch Conference Room, 70 N. First Street, 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
PUBLIC COMMENT
There was no public comment.
MOVE INTO CLOSED EXECUTIVE SESSION
CITY COUNCIL EXECUTIVE SESSION
A. Personnel
B. Litigation
C. Real Property - Pursuant to GC Section 54956.8 Conference with Real Property Negotiators Campbell Community Center, One W. Campbell Avenue, Campbell, CA 95008
City Negotiator: City Manager, Brian Loventhal
Negotiating Parties: SAGE Academy
D. Labor Negotiations
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Minutes Acceptance: Minutes of Jun 18, 2024 6:30 PM (CONSENT CALENDAR)
Minutes of June 18, 2024 City Council Meeting Page 2
The City Council met in Executive Session to discuss item C – Real Property. City Attorney Seligmann, City Manager Loventhal, and Recreation and Community Services Director Bissell were in attendance.
ADJOURN
Mayor Landry adjourned the meeting at 6:38 PM
APPROVED:
ATTEST:
Susan M. Landry, Mayor
Andrea Sanders, City Clerk
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Minutes Acceptance: Minutes of Jun 18, 2024 6:30 PM (CONSENT CALENDAR)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, June 18, 2024 – 7:00 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
This meeting was recorded and can be viewed in its entirety at www.campbellca.gov/agendacenter.
CALL TO ORDER
The City Council of the City of Campbell convened this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.
ROLL CALL
Attendee Name Title Status
Susan M. Landry Mayor Present
Sergio Lopez Vice Mayor Present
Elliot Scozzola Councilmember Present
Dan Furtado Councilmember Present
Anne Bybee Councilmember Present
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Liz Simonovich of the Recreation and Community Services Department in recognition of Pride Month.
Mayor Landry presented Ms. Simonovich a certificate of appreciation for leading the 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.
Mayor Landry spoke of the significance of Pride Month and presented Liz Simonovich of the Recreation and Community Services Department a 3 Packet Pg. 11
Minutes Acceptance: Minutes of Jun 18, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 18, 2024 City Council Meeting Page 2
proclamation declaring June 2024 as Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ+) Pride Month in the City of Campbell.
Ms. Simonovich graciously accepted the proclamation on behalf of City staff and thanked the City Council for recognizing such a meaningful and important event.
COMMUNICATIONS AND PETITIONS
There were no communications and petitions.
ORAL REQUESTS
Joseph Rauch, Campbell resident stated concerns with drivers and bicyclists not obeying rules of the road and not being aware of each other.
Sreeja Pavuluri, Government Affairs and Policy Associate of Tarana Wireless, requested support for the 4 th annual Bloom Energy and Tarana Wireless Stars and Stripes community run and walk fundraiser to support health care workers and the Valley Health Foundation.
The following individuals spoke in support of a ceasefire in Gaza resolution and/or a Study Session to obtain more information:
Ehsaneh Sadr, Campbell resident
Tammy Saah, Campbell resident
Stephanie Snow, Campbell resident
Deana H., Campbell resident
Amelia, Campbell resident
Donna, Campbell resident
Lila Lam, Campbell resident
Ronda A.
Fadi Sabu
Diana Joseph, Campbell resident
Faten Hijazi
Elizabeth Ward, Campbell resident
Omar S., Campbell resident
Matt Hammer
Wendy Greenfield, South Bay Chapter, Jewish Voices for Peace Jessica Waite
Donna Wallach
Lisa Adhikari
A.F. (Flower)
Member of the public, Campbell resident
Member of the public
Catherine Bennet
Miles Ashner
Doug
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Minutes Acceptance: Minutes of Jun 18, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 18, 2024 City Council Meeting Page 3
The City Council thanked everyone for their comments and thanked them for coming.
Mayor Landry called for a 3-minute recess. The City Council reconvened at 8:10 p.m.
COUNCIL ANNOUNCEMENTS
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 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.
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.
The Campbell Museum and San Jose Rocks are building an archive of Campbell's Historical music scene. If you lived, visited, or rocked out in Campbell in the 1970s and on, we would love to hear from you. We are collecting images, items, stories, and more. To find out mo re, please visit campbellmuseums.com, or reach out to the Collection Manager Anna Rosenbluth at [email protected]
Do you have a green thumb and an interest in volunteering? The Ainsley House Volunteer Garden Group is recruiting volunteers to maintain its beautiful garden surrounding the House.
No gardening experience is necessary! The Garden group meets on Tuesdays at the Ainsley House from 9:30am to 11:30am. All tools are provided. Volunteers will help weed, prune, plant, and more. If interested, contact Museum Supervisor, Kerry Perkins at [email protected] (408) 866-2718.
City offices will be closed for business on Thursday, July 4 in ob servance of Independence Day. Police and emergency services will remain open.
CONSENT CALENDAR
Mayor Landry asked if anyone wished to remove an item from the Consent Calendar.
The Consent Calendar was considered as follows:
2. Minutes of City Council Regular Meeting of June 4, 2024 Recommended Action: Approve the regular meeting minutes of June 4, 2024.
This action approves the regular meeting minutes of June 4, 2024. 3 Packet Pg. 13
Minutes Acceptance: Minutes of Jun 18, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 18, 2024 City Council Meeting Page 4
3. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $2,708,410.20.
This action approves the bills and claims in the amount of $2,708,410.20, as follows: bills and claims checks dated May 20, 2024, in the amount of $2,264,178.58; payroll checks dated May 23, 2024, in the amount of $118,980.06; and bills and claims checks dated May 27, 2024, in the amount of $325,251.56.
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.
Resolution 13168 authorizes 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.
Resolution 13169 authorizes 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.
Resolution 13170 approves a contract amendment with Good City Company for Economic Development Consulting services and dispenses 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.
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Minutes Acceptance: Minutes of Jun 18, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 18, 2024 City Council Meeting Page 5
Resolution 13171 approves an agreement and authorizes 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).
Resolution 13172 approves a seven -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), including the desk item.
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.
Resolution 13173 calls the General Municipal Election for November 5, 2024 to elect one Councilmember from District 1, and one Councilmember from District 2; and requests consolidation of election with the Registrar of Voters in accordance with California Elections Code Section 10418; resolves any tie votes by lot; and levy’s a fee to each candidate for their Candidate Statement.
M/S: Furtado/Bybee – That the City Council approve the Consent Calendar, including the desk item for Item 8. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
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 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 3 Packet Pg. 15
Minutes Acceptance: Minutes of Jun 18, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 18, 2024 City Council Meeting Page 6
$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.
This is the time and place for a public hearing to consider adoption of the Fiscal Year (FY) 2025 Operating Budget and 2025 - 2029 Five -Year Capital Improvement Plan (CIP) and establishment of the Appropriations Limit for FY 2025.
City Manager Loventhal and Finance Director Fuentes presented a staff report dated June 18, 2024. A meeting overview and relevant changes from the June 4 budget introduction were discussed. Information on ARPA, the long -range forecast, and the Capital Improvement Plan (CIP) were presented.
Following Council questions, Mayor Landry opened the public hearing and asked if anyone wished to speak. There were no public speakers.
Mayor Landry closed the public hearing.
The City Council gave staff general comments and thanked them for the work that went into the budget.
After discussion, M/S: Lopez/Scozzola – That the City Council adopt Resolution 13174 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 Resolution 13175 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 Resolution 13176 establishing the Appropriations Limit for FY 2025 at $93,535,488 pursuant to Article XIIIB of the California State Constitution. The motion was adopted by the following roll call vote:
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Minutes Acceptance: Minutes of Jun 18, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 18, 2024 City Council Meeting Page 7
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Scozzola
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
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.
City Manager Loventhal recommended bringing this item back at a future Council meeting date for further review of the purchasing code.
The City Council was agreeable to the recommendation and this item was deferred to a later date.
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.
This is the time and place for a public hearing to consider an ordinance adjusting Councilmember compensation, within the limits set forth by Government Code Section 36516.
Administrative Analyst Zetino presented a staff report dated June 18, 2024.
Following Council questions, Mayor Landry opened the public hearing and asked if anyone wished to speak.
Steve Saunders, Campbell resident was supportive of a 5% increase.
Seeing no one else wishing to speak, Mayor Landry closed the public hearing.
Councilmember Lopez stated that due to current budget challenges and a potential revenue ballot on the Measure affecting residents he would not support the item at this time and requested the City Council defer the increase until the following year.
Councilmembers Scozzola, Bybee, Furtado and Mayor Landry expressed their support for the Council compensation increase.
After discussion, M/S: Scozzola/Bybee – That the City Council introduce Ordinance 2310 adjusting Councilmember compensation, within the limits 3 Packet Pg. 17
Minutes Acceptance: Minutes of Jun 18, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 18, 2024 City Council Meeting Page 8
set forth by Government Code Section 36516. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [4 TO 1]
MOVER: Scozzola
SECONDER: Bybee
AYES: Landry, Scozzola, Furtado, Bybee
NAYS: Lopez
City Clerk Sanders read the full title of Ordinance 2310.
M/S: Furtado/Scozzola – That the City Council waive further reading of Ordinance 2308. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [4 TO 1]
MOVER: Furtado
SECONDER: Scozzola
AYES: Landry, Scozzola, Furtado, Bybee
NAYS: Lopez
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.
This is the time and place for a public hearing to consider Interim Ordinances 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 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.
Senior Planner Rose presented a staff report dated June 18, 2024.
Following City Council questions, Mayor Landry if anyone from the public wished to speak.
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Minutes Acceptance: Minutes of Jun 18, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 18, 2024 City Council Meeting Page 9
Raza Pallela, Campbell resident, recommended that the City follow State requirements for housing projects.
Seeing no one else wishing to speak, Mayor Landry closed the public hearing.
After discussion, M/S: Furtado/Lopez – That the City Council adopt Interim Ordinance 2311 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 adopt Interim Ordinance 2312 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. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Lopez
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
City Clerk Sanders read the full title of Ordinance 2311.
M/S: Lopez/Furtado – That the City Council waive further reading of Ordinance 2311. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Furtado
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
City Clerk Sanders read the full title of Ordinance 2312.
M/S: Furtado/Lopez – That the City Council waive further reading of Ordinance 2312. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Lopez
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
NEW BUSINESS
*Item 14 taken out of order and was heard after Item 12. *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 3 Packet Pg. 19
Minutes Acceptance: Minutes of Jun 18, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 18, 2024 City Council Meeting Page 10
resolution granting a waiver of City permit fees related to the Historic Downtown Campbell Car Show.
Assistant City Manager Gaeta presented a staff report dated June 18, 2024.
Following Council questions Mayor Landry asked if anyone from the public wished to speak.
Mike Van Sant of the Downtown Campbell Business Association (DCBA) requested a cap of $6000 in fees for the Car Show.
Ken Johnson, Executive Director of the Campbell Chamber of Commerce, spoke in support of the DCBA’s Historic Downtown Campbell Car Show and supported the highest fee waiver allowable for their event.
A majority of the City Council supported the staff recommendation to approve a fee waiver not to exceed a 25% reduction in fees.
Councilmember Bybee did not support the requested DCBA fee waiver but noted that the revenue received from this family friendly event goes toward other DCBA community events such as the Creepy Crawley and Carol of Lights events. She requested that the City Council consider a one -time ARPA expenditure to fund the other DCBA community spirit events.
The City Council expressed support of Councilmember Bybee’s suggestion to consider a one-time ARPA expenditure for DCBA.
Mayor Landry suggested a compromise with the fee waiver and capping the DCBA fees to not exceed $7,000.
After discussion, M/S: Bybee -Furtado – That the City Council adopt resolution 13177 approving a Downtown Special Event Permit for the Downtown Campbell Business Association (DCBA)’s Historic Downtown Campbell Car Show; and adopt resolution 13178 granting a waiver of City permit fees related to the Historic Downtown Campbell Car Show. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [4 TO 1]
MOVER: Bybee
SECONDER: Furtado
AYES: Lopez, Scozzola, Furtado, Bybee
NAYS: Landry
Assistant City Manager Gaeta confirmed staff will follow up with DCBA regarding funding for other DCBA events.
Mayor Landry called for a 10-minute recess. The City Council reconvened at 9:10 p.m. 3 Packet Pg. 20
Minutes Acceptance: Minutes of Jun 18, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 18, 2024 City Council Meeting Page 11
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.
Housing Program Manager, Murillo -Garcia presented a staff report dated June 18, 2024.
Ms. Murillo-Garcia noted that HouseKeys Program Manager Julius Nyanda was available online to answer any questions.
Following Council questions, Mayor Landry asked if anyone from the public wished to speak. There were no public speakers.
M/S: Furtado/Bybee – That the City Council adopt Resolution 13179 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. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
16. Reach Code Updates
Recommended Action: That the City Council receive the report and provide direction to staff on potential Reach Code updates.
Community Development Director provided an overview of the item and introduced Environmental Programs Specialist Tiffany Hudson.
Environmental Programs Specialist Hudson presented a staff report dated June 18, 2024. Three options were presented to Council to address recent litigation finding gas bans were pre-empted by the federal Energy Policy and Conservation Act. (EPCA) The three options consisted of 1. Repeal the Reach Code, 2. Energy Performance Standards Approach and 3. Air Quality Approach.
3 Packet Pg. 21
Minutes Acceptance: Minutes of Jun 18, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 18, 2024 City Council Meeting Page 12
Staff recommended the City pursue the Air Quality Approach, amending Title 6 (Health and Sanitation) of Campbell’s Municipal Code.
Following Council questions, Mayor Landry asked if anyone from the public wished to speak. There were no public speakers.
There was a general consensus of the City Council to support option 3 an Air Quality Approach.
Staff confirmed they anticipate returning to Council in August with a new Ordinance incorporating the City Council’s feedback.
M/S: Scozzola/Lopez - That the City Council receive the report and provide direction to staff on potential Reach Code updates. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Lopez
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
UNFINISHED BUSINESS
There was no unfished business.
COUNCIL COMMITTEE REPORTS
17. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Councilmember Furtado attended the Cities Association of Santa Clara County General Assembly meeting with City Manager Loventhal, Councilmember Bybee and Mayor Landry; participated in a City meeting focusing on the needs of residents of advanced age; attended the annual meeting of League of Women Voters.
Councilmember Scozzola attended the Silicon Valley Clean Energy Board meeting.
Councilmember Bybee attended the Cities Association of Santa Clara County General Membership meeting and the Cities Association Legislative Action Committee meeting where no action was taken due to lack of a quorum.
Vice Mayor Lopez attended the Bay Area Air Quality Management District Board of Directors meeting; and the Santa Clara Valley Transportation Authority Board of Directors meeting.
Mayor Landry attended the groundbreaking ceremony for The Nest; and the Cities Association of Santa Clara General Membership meeting. 3 Packet Pg. 22
Minutes Acceptance: Minutes of Jun 18, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of June 18, 2024 City Council Meeting Page 13
Mayor Landry requested that those writing articles in the Campbell Press state in the article that it is their personal opinion and not those of the City Council.
ADJOURN
Mayor Landry adjourned the meeting at 9:52 p.m.
APPROVED:
ATTEST:
Susan M. Landry, Mayor
Andrea Sanders, City Clerk
3 Packet Pg. 23
Minutes Acceptance: Minutes of Jun 18, 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 $1,637,896.56
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 June 03, 2024 $1,072,458.27
Payroll June 06, 2024 $76,143.32
Bills & Claims June 10, 2024 $489,294.97
Total $1,637,896.56
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: 4
Category: CONSENT CALENDAR
Meeting Date: July 2, 2024
4 Packet Pg. 24
Approving Bills and Claims Page 2 of 2
Approved by:
Brian Loventhal, City Manager
4 Packet Pg. 25
City
Council
Report
TITLE: Monthly Investment Transactions Report (May 2024)
RECOMMENDED ACTION
That the City Council review and accept the Monthly Investment Transactions Report for May 2024.
BACKGROUND
As required by California Government Code (GC) Section 53607, staff will submit to the City Council Monthly Investment Transaction Reports within 45 days of the prior month end that show a listing of investments purchased, sold, called, or that have reached maturity, along with any Local Agency Investment Fund ( LAIF) transfers. This is in addition to the Quarterly Investment Report, which shows a number of other items listed under Section VII.A of the City’s Investment Policy and is also submitted to the City Council within 45 days from the end of the prior quarter.
DISCUSSION
This Monthly Investment Transaction Report covers May 2024. As shown in Attachment A, staff made $6.5 million in deposits along with $450,000 in withdrawals with the City’s main Local Agency Investment Fund (LAIF) account to manage operating cash flow. The monthly LAIF investment rate rose to 4. 332%. Additionally, $3.7 million was withdrawn from the M easure O 2020 bond account to cover April’s project expenditures. $8,000 in total investment interest was received from the City’s BNY account and posted into the City’s Wells Fargo cash account . Consistent with the recommended FY 2023-24 Investment Strategy approved by the City Council on September 5 , 2023 staff continues to watch for moderately long-term investment opportunities outside of LAIF , as interest rates remain high to provide the highest yet still safe return s, consistent with the City’s Investment Policy. Please note that all investment purchases made adhere to the City’s Investment Policy.
FISCAL IMPACT
There is no fiscal impact associated with the review and acceptance of the Monthly Investment Transactions Report.
Item: 5
Category: CONSENT CALENDAR
Meeting Date: July 2, 2024
5 Packet Pg. 26
Monthly Investment Transactions Report (May 2024) Page 2 of 2
Prepared by:
John Formale, Accountant
Reviewed by:
Will Fuentes, Finance Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Monthly Investment Activity Report-5.31.24
5 Packet Pg. 27
CITY OF CAMPBELL
Monthly Investment Transactions Report
May 1 to May 31, 2024
Account Trans. Date May 2024
LAIF - ******133, Main account
Average Monthly Yield 4.332%
Beginning Balance 30,088,495$
Transactions
Deposit 2,100,000
Deposit 1,700,000
Withdrawal (450,000)
Deposit 900,000
Deposit 1,800,000
6,050,000
Ending Balance 36,138,495$
Account Trans. Date May 2024
LAIF - ******031, MEAS O, Series 2020
Average Monthly Yield 4.332%
Beginning Balance 12,854,606$
Transactions
Principal drawdown- MEAS O April expenditures (3,674,000) (3,674,000)
Ending Balance 9,180,606
Account Trans. Date May 2024
LAIF - ******032, MEAS O, Series 2022
Average Monthly Yield 4.332%
Beginning Balance 31,466,597$
Transactions
-
Ending Balance 31,466,597$
Account*** Trans. Date May 2024
Bank of New York (BNY) - ******818
Beginning Balance 17,999,860$
Transactions
-
Ending Balance 17,999,860$
May 2024
****BNY Investment interest received and posted to Wells Fargo cash account 8,000$ Total of all Investments
Beginning 92,409,558$
Ending 94,785,558$
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Attachment: Monthly Investment Activity Report-5.31.24 (Monthly Investment Transactions Report (May 2024))
City
Council
Report
TITLE: Monthly Treasurer's Report (May 2024)
RECOMMENDED ACTION
That the City Council review and accept the Monthly Treasurer’s Report for the month ended May 31, 2024.
BACKGROUND
California government code section 41004 requires that the City Treasurer submits to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The City of Campbell’s Finance Director has the responsibility of City Treasurer. This report has been prepared to fulfill this requirement.
This report provides financial transaction data for the City of Campbell’s Funds collectively, including the City’s General (Operating) Fund.
DISCUSSION
This Monthly Treasurer’s Report details and summarizes receipts, disbursements, and fund balances for the month ended May 31, 2024. As shown in Attachment A, the City recognized $4.5 million in revenues and incurred $6.6 million in expenditures in total, for all City funds. The City’s overall ending fund balance for May 2024 is $88.5 million, a decrease of $3.9 million from the prior month.
For the month of May 2024, the City’s General Fund recognized $ 3.4 million in revenues and incurred $ 3.6 million in expenditures. Of the revenues received, $43,000 and $1.5 million are attributed t o property tax and sales tax , respectively . The City’s ending General Fund balance for May 2024 is $19.5 million, a decrease of $117,000 thousand from the prior month.
FISCAL IMPACT
There is no fiscal impact associated with the review and acceptance of the Monthly Treasurer’s Report.
Item: 6
Category: CONSENT CALENDAR
Meeting Date: July 2, 2024
6 Packet Pg. 29
Monthly Treasurer's Report (May 2024) Page 2 of 2
Prepared by:
Carolina Vargas, Accountant
Approved by:
Brian Loventhal, City Manager
Attachment:
a. 2024.05 Fund Balance Report
6 Packet Pg. 30
City of Campbell
Changes in Total Fund Balance
For the month ended May 31, 2024
Beginning Fund
Balance
07/01/2023
Increase/
(Decrease)
Jul- Apr
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out
Fund Balance
as of
05/31/2024
General Fund
Nonspendable Fund Balance
Leases 173,181.00 - - - - - 173,181.00 Committed Fund Balance
General Plan Update 44,208.57 - - - - - 44,208.57 Compensated Absences 961,449.00 - - - - - 961,449.00 Liability insurance 136,473.00 - - - - - 136,473.00 Available Capital Improvement Reserve 30,109.00 - - - - - 30,109.00 Committed Capital Improvement Reserve 1,569,671.00 - - - - - 1,569,671.00 Community Center Facility 111,698.58 - - - - - 111,698.58 Heritage Theater 233,381.77 - - - - - 233,381.77 Historic Preservation 5,000.00 - - - - - 5,000.00 Assigned Fund Balance
Capital Projects (Construction Tax) 325,256.00 - - - - - 325,256.00 Unemployment insurance 90,000.00 - - - - - 90,000.00 PERS 2,252,000.00 - - - - - 2,252,000.00 OPEB 370,102.00 - - - - - 370,102.00 Encumbrances 976,257.58 - - - - - 976,257.58 Nonspendable Fund Balance
Unassigned Fund Balance
Unassigned 1,338,955.02 (113,488.93) 3,440,173.10 (3,556,969.77) 114,675.00 (2,492,036.00) (1,268,691.58) City Council Reserve 362,624.00 - - - - - 362,624.00 Economic fluctuations 9,955,452.00 - - - - - 9,955,452.00 Emergency 3,207,453.65 - - - - - 3,207,453.65 General Fund Total 22,143,272.17 (113,488.93) 3,440,173.10 (3,556,969.77) 114,675.00 (2,492,036.00) 19,535,625.57 Special Revenue
Vehicle Impact 2,892,018.00 729,139.42 55,177.34 - - - 3,676,334.76 Gas Tax 1,288,502.53 37,072.23 185,668.41 (139,674.36) 529,125.00 - 1,900,693.81 Asset Forfeiture 107,753.48 6,371.61 - - - - 114,125.09 Lighting & Landscape District 1,470,464.28 (975,351.33) 10,530.82 (239,339.50) 749,250.00 - 1,015,554.27 Housing & Community Development 345.85 - - - - - 345.85 Environmental Services 436,521.89 388,412.28 79,524.09 (12,136.05) 140,250.00 - 1,032,572.21 Supplemental Law Enforcement 180,648.36 52,210.14 5,340.88 (10,429.58) - - 227,769.80 State & Other Grants (1,519,732.25) 332,942.82 - (7,341.69) - - (1,194,131.12) TDA Grant 351,238.48 16,674.38 - - - - 367,912.86 Federal Grants 128,344.97 882,562.35 - - - - 1,010,907.32 ARPA Fund 40,718.35 168,593.78 - - - - 209,312.13 Housing Assistance 8,495,688.04 (340,571.58) 347,400.00 (25,634.57) - - 8,476,881.89 Community Restitution Fund 97,234.82 18,671.28 18,375.00 - - - 134,281.10 Community Facilities District #1 897.63 82,382.88 - - - (107,250.00) (23,969.49) Community Facilities District #2 201,961.13 12,837.26 - (980.87) - (9,000.00) 204,817.52 Parkland Dedication 3,432,944.83 667,304.40 38,230.00 - - - 4,138,479.23 Recreation - Private Grants 6,022.19 264.53 - - - - 6,286.72 Adult Center 16,683.86 731.55 - - - - 17,415.41 Special Revenue Fund Total 17,628,256.44 2,080,248.00 740,246.54 (435,536.62) 1,418,625.00 (116,250.00) 21,315,589.36 Debt Service
Measure O 4,123,176.64 (2,828,804.57) 11,300.09 - - - 1,305,672.16 LID #30 32,333.61 1,417.92 - - - - 33,751.53 2016 Refunding Lease Revenue Bond 19,461.23 (752,965.48) 2.90 - 574,950.00 - (158,551.35) Debt Service Fund Total 4,174,971.48 (3,580,352.13) 11,302.99 - 574,950.00 - 1,180,872.34 Internal Service Fund
Motor Vehicle Pool 1,154,951.82 166,347.54 91,755.67 (76,622.11) - (2,925.00) 1,333,507.92 Information Technology Pool (1,078,697.00) (210,398.59) 96,832.65 (105,659.23) 502,961.00 - (794,961.17) Worker's Compensation 536,978.57 409,448.28 57,321.46 (41,029.72) - - 962,718.59 Internal Service Fund Total 613,233.39 365,397.23 245,909.78 (223,311.06) 502,961.00 (2,925.00) 1,501,265.34 Trust/Agency
Successor Agency 1,159,732.00 674,476.43 4.19 - - - 1,834,212.62 West Valley Solid Waste JPA 340,277.17 305,105.49 5,350.00 (4,666.00) - - 646,066.66 SCC Specialized Enforcement Team - (113,774.19) 36,816.34 (33,371.94) - - (110,329.79) Trust/Agency Fund Total 1,500,009.17 865,807.73 42,170.53 (38,037.94) - - 2,369,949.49 Capital Project
Capital Projects Fund 929,106.00 (3,410,298.37) 11,500.00 (189,390.95) - - (2,659,083.32) Measure O CIP Fund 52,842,126.86 (5,416,729.58) - (2,157,846.70) - - 45,267,550.58 Capital Project Fund Total 53,771,232.86 (8,827,027.95) 11,500.00 (2,347,237.65) - - 42,608,467.26 Total City 99,830,975.51 (9,209,416.05) 4,491,302.94 (6,601,093.04) 2,611,211.00 (2,611,211.00) 88,511,769.36 Fund Description
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Attachment: 2024.05 Fund Balance Report (Monthly Treasurer's Report (May 2024))
City
Council
Report
TITLE: Second Reading of Ordinance 2310 Adjusting City Council Compensation (Ordinance/Roll Call Vote)
RECOMMENDED ACTION
That the City Council approve the second reading to adopt Ordinance No. 2310 adjusting the amount of Councilmember compensation, within the limits set forth by Government Code Section 36516.
BACKGROUND
Traditionally, Councilmember compensation amounts are amended to coincide with the election of at least one new Councilmember. This year, residents of Campbell will elect two Councilmembers whose terms begin in December 202 4. Approved compensation amounts would go into effect the first full pay period in January 2025.
City Council compensation and adjustments are set under the authority of California Government Code (GC) §36516, which was amended by Senate Bill 329 that 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.
DISCUSSION
At its regular meeting on June 18, 202 4, the City Council introduced an Ordinance increasing the City Council compensation amount to $1,275 per month, the maximum amount permissible by GC §36516, by a 4 to 1 vote. (Vice Mayor Lopez voted no).
FISCAL IMPACT
The fiscal impacts of the Councilmember compensation increase is included in the Staff Report dated June 18, 202 4. All costs associated with the publication of the adopted ordinance are included in the City Clerk’s Office adopted Fiscal Year 202 5 Operating Budget.
Item: 7
Category: CONSENT CALENDAR
Meeting Date: July 2, 2024
7 Packet Pg. 32
City Council Compensation 2024 Page 2 of 2
Prepared by:
Andrea Sanders, City Clerk
Approved by:
Brian Loventhal, City Manager
Attachment:
a. 2310 - Council Compensation 2024
7 Packet Pg. 33
ORDINANCE NO. 2310
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
7.a
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Attachment: 2310 - Council Compensation 2024 (City Council Compensation 2024)
City
Council
Report
TITLE: JPA Addition of Los Gatos to SVACA and Associated Budget Adjustment to Reflect Savings for City of Campbell (Resolution/Roll Call Vote)
RECOMMENDED ACTION
It is recommended that the City Council approve and authorize the City Manager to execute the revised third restated and amended Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority (SVACA) adding the Town of Los Gatos as a Member Agency and to approve an associated budget adjustment which reflects savings to the City of Campbell.
BACKGROUND
The Silicon Valley Animal Control Authority (SVACA) was established in 2001 as a Joint Powers Authority. The City of Campbell has been a member City of the JPA since its inception. SVACA currently provides animal care and control services for the jurisdictions of Campbell, Monte Sereno, Mountain View and Santa Clara.
SVACA’s services and programs include the care of sick, injured, lost , and abandoned companion animals, animal cruelty investigations, enforcement of animal laws, education and outreach programs, volunteer and foster programs, and much more.
SVACA’s goal has been to reduce member agency costs by considering the addition of new member agencies. Several months ago, SVACA was approached by the Town of Los Gatos regarding the possibility of joining SVACA. On 04/16/24, the Town of Los Gatos Council unanimously approved their staff recommendation to negotiate with SVACA to become a member of the Joint Powers Agreement (JPA).
On 05/22/24, the SVACA Board of Directors unanimously approved the addition of the Town of Los Gatos to the JPA.
DISCUSSION
Los Gatos previously received contract animal services from the City of San Jose Animal Control and their contract ended. They are asking to begin receiving services in July of 2024 from SVACA. In order to add Los Gatos, the Joint Powers Agreement must be revised and signed by all member agencies. The addition of Los Gatos and Monte Item: 8
Category: CONSENT CALENDAR
Meeting Date: July 2, 2024
8 Packet Pg. 35
JPA Addition of Los Gatos to SVACA Page 2 of 3
Serino will not require additional staff and the center would be able to handle the additional animals without the need for expansion.
FISCAL IMPACT
SVACA’s operating costs are based on formulas . F ield and shelter services are calculated by taking the sum of population, square miles, and calls for service (weighted by 50%); shelter is calculated based on the total live animals received; and administration is the average of field and shelter. All current members percentages would be reduced due to the addition of Los Gatos to SVACA, but at various amounts due to the formulas. In total, contributions would decrease for all other participating agencies.
If approved, for Fiscal Year 2025, the Town of Los Gatos contribution would be $239,471, which would decrease the City of Campbell’s current contribution of $353,685, to $274,750, saving 22% totaling a savings of $78,935, according to the SVACA 05/22/24 Agenda (Attached). This is also reflected in the attached resolution and budget adjustment form.
Prepared by:
Brad Rice, Sergeant
Reviewed by:
Gary Berg, Police Chief
Approved by:
Brian Loventhal, City Manager
Attachment:
a. SVACA Resolution
b. Budget Adjustment
8 Packet Pg. 36
JPA Addition of Los Gatos to SVACA Page 3 of 3
c. SVACA Potential New Member Agenda Item
d. SVACA JPA 2024
8 Packet Pg. 37
RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
ALLOWING THE TOWN OF LOS GATOS TO BECOME A MEMBER OF THE JOINT
POWERS AGREEMENT WITH THE SILICON VALLEY ANIMAL CONTROL
AUTHORITY AND APPROVING AN ASSOCIATED BUDGET ADJUSTMENT WHICH
REFLECTS SAVINGS TO THE CITY OF CAMPBELL
WHEREAS, The Silicon Valley Animal Control Authority (SVACA) was established in 2001 as a Joint Powers Authority; and
WHEREAS, the City of Campbell entered into an Animal Control Joint Powers Authority (JPA) Agreement on July 5, 2000; and
WHEREAS, SVACA’s goal has been to reduce member agency costs by considering the addition of new member agencies; and
WHEREAS, Several months ago, SVACA was approached by the Town of Los Gatos regarding the possibility of joining SVACA; and
WHEREAS, On 05/22/24, SVACA Board of Directors unanimously approved the addition of the Town of Los Gatos to the JPA; and
WHEREAS, the addition of the Town of Los Gatos to SVACA will save the City of Campbell $78,935 in FY 2025.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the agreement, authorizes the City Manager to execute an updated Joint Powers Agreement with the Silicon Valley Animal Control on behalf of the City of Campbell and approves an associated budget adjustment which reflects savings to the City of Campbell.
PASSED AND ADOPTED this 2nd, day of July, by the following roll call vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
APPROVED:
________________________
Susan M. Landry, Mayor
ATTEST:
_________________________
Andrea Sanders, City Clerk
8.a
Packet Pg. 38
Attachment: SVACA Resolution (JPA Addition of Los Gatos to SVACA) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.
July 2, 2024 BA-1
Budget to be Reduced
Fund/Program Account Number Description Amount
EXPENDITURES
101.605 7432 Other Contractual Services - SVACA Field & Shelter Services (78,935.00) Budget to be Increased
Fund/Program Account Number Description Amount
REASON FOR REQUEST - BE SPECIFIC:
Finance Director Police Chief City Manager
Police Department
Will Fuentes Gary Bery Brian Loventhal
Reduce the City's contribution towards the Silicon Valley Annimal Control Authority (SVACA) JPA as a result of the addition of the Town of Los Gatos as a member City. Campbell's contribution is expected to decrease from $353,685 to $274,750, resulting in a savings of $78,935.
101.605 - Field Services
8.b
Packet Pg. 39
Attachment: Budget Adjustment (JPA Addition of Los Gatos to SVACA)
8.c
Packet Pg. 40
Attachment: SVACA Potential New Member Agenda Item (JPA Addition of Los Gatos to SVACA)
8.c
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Attachment: SVACA Potential New Member Agenda Item (JPA Addition of Los Gatos to SVACA)
8.c
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Attachment: SVACA Potential New Member Agenda Item (JPA Addition of Los Gatos to SVACA)
8.c
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Attachment: SVACA Potential New Member Agenda Item (JPA Addition of Los Gatos to SVACA)
8.c
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Attachment: SVACA Potential New Member Agenda Item (JPA Addition of Los Gatos to SVACA)
8.c
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Attachment: SVACA Potential New Member Agenda Item (JPA Addition of Los Gatos to SVACA)
8.c
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Attachment: SVACA Potential New Member Agenda Item (JPA Addition of Los Gatos to SVACA)
8.c
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Attachment: SVACA Potential New Member Agenda Item (JPA Addition of Los Gatos to SVACA)
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Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 1 of 22 Approved by the SVACA Board of Directors on May 22, 2024 REVISED THIRD RESTATED AND AMENDED JOINT EXERCISE OF POWERS AGREEMENT FOR THE SILICON VALLEY ANIMAL CONTROL AUTHORITY THIS AGREEMENT is made and entered into as of the Effective Date (set forth in Section 2.3) by and among the Member Agencies (defined in Section 1.12 below) signatory hereto, each of which is a public entity duly organized and existing under the Constitution and other laws of the State of California. WHEREAS, on March 22, 2012, the original member agencies consisting of the Cities of Santa Clara, Campbell, and Monte Sereno approved a Revised Second Restated and Amended Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority (Second Restated Agreement) to add the City of Mountain View as a Member Agency; and WHEREAS, the Member Agencies now desire to amend the Second Restated Agreement to add the Town of Los Gatos as a Member Agency; WHEREAS, Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (commencing at Section 6500) authorizes the Member Agencies to enter into an agreement for the joint exercise of any power common to them and, by that agreement, create an entity that is separate from each of the Member Agencies; and WHEREAS, each of the Member Agencies possess the power to provide for the Animal Control Services (defined in Section 1.3), including animal field services, animal shelter services, and dead animal services within their respective Jurisdictional Area (defined in Section 1.4 herein below); and WHEREAS, the Member Agencies possess the authority to issue bonds, expend bond proceeds, and borrow and loan money for certain public purposes pursuant to the Government Code of the State of California; and WHEREAS, this Agreement is an appropriate means through which the Member Agencies may provide the Animal Control Services because the Jurisdictional Areas of the Member Agencies are in close proximity to one another and are susceptible of being served by the Animal Control Services and related Joint Facilities (defined in Section 1.10) under common administration and management and with the same equipment, resources and personnel; and WHEREAS, the Member Agencies desire to share their animal control expertise and to optimize their expenditures in connection with the provision of the Animal Control Services and related Joint Facilities; and WHEREAS, the separate provision, management and administration of the Animal Control Services and related Joint Facilities in each Jurisdictional Area by each of the respective Member Agencies and using separate facilities, resources and personnel may result in duplication of effort, inefficiencies in administration and excessive costs, all of which, in the judgment of the Member Agencies, can be eliminated or substantially reduced, all to the substantial advantage and benefit of the citizens and taxpayers of all of the Member Agencies, if the provision of the Animal Control Services and the administration and management of the related Joint Facilities employing common equipment, resources
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Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 2 of 22 Approved by the SVACA Board of Directors on May 22, 2024 and personnel, were to be performed by and through a single public entity and the creation of such a single public entity is the purpose of this Agreement; NOW, THEREFORE, for and in consideration of the facts stated above, the mutual advantages to be derived, and the mutual covenants contained herein, it is agreed by and among the Member Agencies hereto as follows: ARTICLE I DEFINITIONS Section 1. Unless the context otherwise requires, the words and terms defined in this Article shall have the meanings specified. Section 1.1. Act. "Act" means Article 1, Article 2, Article 3, and Article 4 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code, as it may be amended from time to time. Section 1.2. Agreement. "Agreement" means this joint exercise of powers agreement as it now exists or as it may from time to time be amended, supplemented or as it may be modified by the addition of signatory parties or by any other supplemental agreement or amendment entered into pursuant to the provisions of this Agreement. Section 1.3. Animal Control Services. "Animal Control Services" means those services enumerated on "Exhibit A," entitled "Animal Control Services," attached hereto and incorporated herein by this reference. Section 1.4. Area. "Area" and "Jurisdictional Area" mean that area within the respective jurisdictions of the Member Agencies. Section 1.5. Authority. "Authority" means the Silicon Valley Animal Control Authority created pursuant to this Agreement. Section 1.6. Board of Directors. "Board of Directors" means the governing board of the Authority referred to in Section 1.5 and more particularly described in Section 2.5 herein below. "Director" means an individual member of the Board of Directors. Section 1.7. Bond Law. "Bond Law" means Article 4 of Chapter 5 of Division 7 of Title 1 of the California Government Code, as the same may have been or may hereinafter be amended from time to time, or any other law hereafter legally available for use by the Authority in the authorization and issuance of bonds to finance needed public facilities. "Bonds" means any bonds issued pursuant to Bond Law. Section 1.8. Executive Directorployee of the Authority directly responsible to the Board of Directors and primarily responsible for the managerial oversight of the operations of the Authority as further described in Section 3.6.
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Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 3 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 1.9. Fiscal Year. "Fiscal Year" means the period from July 1st to and including the following June 30th. Section 1.10. Joint Facilities. "Joint Facilities" means the animal control facilities, equipment, resources, and property to be owned, leased, managed and operated by the Authority pursuant to Article V and Section 7.1, and, if and when acquired or constructed, any improvements and additions thereto. Section 1.11. Legislative Bodies. "Legislative Bodies" means the city or town councils of the Member Agencies of the Authority. "Legislative Body" means any such individual city or town council. Section 1.12. Member Agencies or Member Agency. "Member Agencies" means all of the public agencies signatory to this Agreement, which, as of the initial Effective Date of this Agreement, are the City of Campbell, the City of Monte Sereno, the City of Santa Clara, the City of Mountain View and the Town of Los Gatos. "Member Agency" means any such individual public entity. Sereno, and the City of Santa Clara. New Member Agency(ies) refers to the City of Mountain View and the Town of Los Gatos. Section 1.13. Quorum. Except as may otherwise be required hereunder or by law, "quorum" means the presence of the Santa Clara Director and three Directors of the other Member Agencies. Section 1.14. Rules of the Boardbylaws, rules, regulations and other operational and organizational directives of the Board of Directors for the conduct of its meetings and other affairs as further described in Section 2.9. Section 1.15. Secretary. "Secretary" means the Secretary of the Board of Directors as further described in Section 3.2. Section 1.16. Treasurer. " Treasurer" means the financial director and finance manager of the Authority having the responsibility and accountability for the Authority's funds as further described in Section 3.3. ARTICLE II GENERAL PROVISIONS Section 2.1. Purpose. Subject to the terms herein, particularly Section 6.3, the purpose of this Agreement is to create the Authority to provide for the joint exercise of powers by the Member Agencies to own, manage, operate and/or maintain the Joint Facilities and to implement the financing, acquisition and construction of additions and improvements thereto and any additional facilities and property later acquired, owned or managed by the Authority and included in the Joint Facilities and thereafter to manage, operate and maintain the Joint Facilities, as so added to and improved, all to the end that the residents of the Area are provided with a more efficient and economical provision of the Animal Control Services and related services consistent with the purposes of this Agreement, and, if necessary, to issue and repay revenue bonds of the Authority pursuant to the Bond Law. Each of the Member Agencies is authorized to exercise all powers (except the power to issue and repay revenue bonds of the Authority)
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Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 4 of 22 Approved by the SVACA Board of Directors on May 22, 2024 pursuant to its organic law and the Authority is authorized to issue and provide for the repayment of revenue bonds pursuant to the provisions of the Bond Law. Section 2.2. Creation of Authority. Pursuant to the Act, there is hereby created a public entity to be known as the "Silicon Valley Animal Control Authority," to be called the "Authority" pursuant to Section 1.5. The Authority, which shall administer this Agreement, is a public entity separate and apart from the Member Agencies and each of them. Section 2.3. Effective Date of Agreement. This Agreement shall become effective when signed and executed by all Member Agencies listed in Section 1.12 (the "Effective Date") and shall supercede any prior agreements executed. Section 2.4. Term. This Agreement shall become effective on the Effective Date set forth in Section 2.3 and shall continue in effect until such time as all Bonds (if any) and the interest thereon issued by the Authority under the Bond Law or the Act shall have been paid in full or provision for such full payment shall have been made, and thereafter until such time as the Authority and the Member Agencies shall have paid all sums due and owing pursuant to this Agreement or pursuant to any contract executed pursuant to this Agreement, and thereafter until terminated pursuant to Article IX. Section 2.5. Governing Board. The Authority shall be administered by a Board of Directors consisting of five (5) Directors, as follows: one (1) Director appointed by each of the Legislative Bodies of the cities of Campbell, Los Gatos, Monte Sereno, Mountain View, and Santa Clara. Section 2.5.1. All voting power of the Authority shall reside with the Board of Directors. Section 2.5.2. The Board of Directors shall be called the "Board of Directors of the Silicon Valley Animal Control Authority." Section 2.5.3. Each Director shall be a member of the Legislative Body of the Member Agency that appointed that Director. Section 2.5.4. Each Legislative Body shall appoint an alternate Director for that Member Agency. The alternate Director may act as the Director in the absence of the Director appointed by that Legislative Body. The alternate Director shall also be a member of the Legislative Body that appointed the alternate Director. Section 2.5.5. All Directors and their alternates shall serve at the pleasure of the Member Agency that appointed them. Section 2.5.6. All vacancies on the Board of Directors shall be filled by the respective Legislative Body within thirty (30) days of the effective date of the vacancy or as soon thereafter as the Legislative Body may legally act. Any Director or alternate Director shall cease to be a Director when such person ceases to hold office as a council member of the respective appointing Legislative Body.
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Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 5 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 2.5.7. Each Director may receive reimbursement for the reasonable and necessary expenses incurred in the performance of their duties, as provided in the Rules of the Board. Section 2.6. Meetings of the Board of Directors. All meetings of the Board of Directors shall be public meetings unless a specified closed session is held in accordance with the California Government Code. Section 2.6.1. Regular Meetings. The Board of Directors shall provide for regular meetings at a date, time, and place fixed by the Rules of the Board. Section 2.6.2. Special Meetings. Special meetings and emergency meetings of the Board of Directors may be called in accordance with State law. Section 2.6.3. Call, Notice, and Conduct of Meetings. All meetings of the Board of Directors, including without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held, and conducted in accordance with the provisions of Section 54950, et seq., of the California Government Code, as may be amended from time to time. Section 2.7. Required Votes; Approvals. For all actions, the Director from Santa Clara will have two (2) votes at each meeting and the Directors from Campbell, Los Gatos, Monte Sereno, and Mountain View shall each have one (1) vote. Five (5) affirmative votes of the Board of Directors shall be required for the Board of Directors to take any action provided a quorum is present as set forth in Section 1.13. Section 2.8. Rules of the Board. The Board of Directors shall adopt and from time to time amend the Rules of the Board as are necessary or convenient in the determination of the Board of Directors to achieve or facilitate the purposes hereof. Section 2.9. New Members. It is the intent of the Originating Member Agencies to provide, to the extent permitted by law, for the inclusion at a subsequent date of such additional public entities, organized and existing under the Constitution or laws of the State of California, as may desire to become parties to this Agreement and members of the Authority. The Board shall review all applications for participation in the Authority. Those entities seeking membership must be approved by five (5) affirmative votes of the Board of Directors. A new Member Agency shall be required to (a) contribute funds commensurate to the expenses incurred by the Authority to accommodate the new Member Agency in the Authority. Examples include, but are not limited to, improvements to the facility, additional personnel expenses, marketing expenses, contractual services, and/or vehicles; (b) pay its share of annual Operating Costs and other expenses pursuant to Section 6.3 and (c) contribute to the Capital Fund (see Section 5.4) as determined by the Board. It is the intent of the Originating Member Agencies operations, but shall not have any proportional ownership in fee of the Authorit For entities joining the contributions for Operating Costs and the Capital Fund shall be prorated for the remainder of the fiscal year.
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Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 6 of 22 Approved by the SVACA Board of Directors on May 22, 2024 ARTICLE III ORGANIZATIONAL STRUCTURE OFFICERS AND EMPLOYEES Section 3.1. Chairperson and Vice-Chairperson. The Board of Directors shall elect a Chairperson and Vice-Chairperson from among its members. The Chairperson and Vice-Chairperson shall each serve a one year term. In the event of the disqualification or permanent inability of the Chairperson to serve as the Chairperson during their term, the Vice-Chairperson shall assume the duties of the Chairperson for the remainder of that term and the Board of Directors shall elect a new Vice-Chairperson for the remainder of that term. Section 3.1.1. The Chairperson shall be authorized to sign all resolutions of the Board of Directors and all contracts on behalf of the Authority and shall perform such other duties as may be imposed by the Board of Directors, consistent with the terms and provisions of this Agreement and the Rules of the Board. Section 3.1.2. The Vice-Chairperson shall be authorized to act as the Chairperson, exercise all of the powers of the Chairperson, and perform all of the duties of the Chairperson in the temporary absence of the Chairperson. Section 3.1.3. The Board of Directors, as a part of its approval of any contract, may authorize the Executive Director to execute the contract on behalf of the Authority. Section 3.2. Secretary. The Executive Director shall be the Secretary to the Board of Directors, perform such other duties as may be imposed upon the Secretary by the Board of Directors, and cause a copy of this Agreement to be filed with the California Secretary of State and the State of California pursuant to Section 6503.5 of the Act. Section 3.3. Treasurer. The Board shall designate the Treasurer. The Treasurer shall be the depository and shall have custody of all of the accounts, funds and money of the Authority from whatever source. The Treasurer shall have the duties and obligations set forth in Section 6505 and 6505.5 of the Act, and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. Section 3.4. Officers in Charge of Property. Pursuant to Section 6505 of the California Government Code, the Treasurer shall have charge of, handle, and have access to all accounts, funds, and money of the Authority and all records of the Authority relating to such accounts, funds and money; and the Secretary shall have charge of, handle, and have access to all other records of the Authority, and the Executive Director shall have charge of, handle, and have access to all physical properties of the Authority.
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Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 7 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 3.5. Bonding Persons Having Access to Property. From time to time, the Board of Directors may designate persons, such as the Treasurer or Executive Director, as the Authority officer(s) who shall have charge of, handle, or have access to any property of the Authority. The Board of Directors shall also fix the respective amounts of the official bonds of the Treasurer, Executive Director or such other designated persons pursuant to Section 6505.1 of the Act, which bonds shall be filed with the Secretary of the Authority. The actual cost of such bonds shall be a proper charge against the Authority. Section 3.6. Management. The regular management of the operations and activities of the Authority shall be vested in the Executive Director. The Executive Director shall be appointed by the Board of Directors. Unless otherwise provided by the Rules of the Board or resolution of the Board of Directors, the Executive Director shall have the following powers: Section 3.6.1. To provide for the planning, design, and construction of any additions or improvements to the Joint Facilities; leasing or remodeling of any existing facilities, or any new facilities to be operated by the Authority as authorized by the Board of Directors; Section 3.6.2. Except as otherwise provided in Section 3.6.8, to execute any contracts for capital costs, costs of special services, equipment, materials, supplies, maintenance, or repair that involve an expenditure by the Authority within the limits and in accordance with procedures to be established by the Authority in the manner provided for local agencies pursuant to Article 7, commencing with Section 54201 of Chapter 5 of Part 1 of Division 2 of Title 5 of the California Government Code; Section 3.6.3. To appoint and employ all personnel of the Authority required for maintenance and operation of the Joint Facilities, and all other employees authorized by the Authority's budget and by the Board of Directors; Section 3.6.4. To retain any consultants, including labor relations consultants or certified public accountants, as authorized in the Authority's budget and by the Board of Directors; Section 3.6.5. Subject to approval of the Board of Directors, to appoint and employ all personnel of the Authority or consultants required to be employed or retained in connection with the design of any additions or improvements of the Joint Facilities or construction of new facilities; Section 3.6.6. To expend funds of the Authority and enter into contracts, whenever required, or for the immediate preservation of the public peace, health, or safety, subject to the subsequent ratification of the Board of Directors; Section 3.6.7. To dispose of any personal property of the Authority as may be provided in the Rules of the Board or otherwise authorized by the Board of Directors; Section 3.6.8. To approve and pay demands for payments by the Authority of Ten Thousand Dollars ($10,000.00), or less, which are authorized in the Authority's budget;
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Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 8 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 3.6.9. To prepare and submit to the Board of Directors in time for revision and adoption by the Authority prior to June 1 of each year, the annual preliminary budget for the next succeeding Fiscal Year referred to in Section 6.1; Section 3.6.10. Generally, to supervise the acquisition, construction, management, maintenance, and operation of the Joint Facilities and personnel of the Authority; Section 3.6.11. To perform such other duties as directed by the Board of Directors and report to the Board of Directors at such times and on such matters as the Board of Directors may direct. Section 3.7. Legal Advisor. The legal advisor of and provider of legal advice and services to the Authority shall be designated by the Board of Directors. Section 3.8. Other Services. The Board of Directors shall have the power to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of and pursuant to this Agreement. Section 3.9. Non-Liability of Agencies. None of the officers, agents, or employees directly employed by the Authority shall be deemed, solely by reason of their employment by the Authority, to be employed by any Member Agency or, by reason of their employment by the Authority, to be subject to any of the requirements of any Member Agency. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation, and other benefits which apply to the activities of the officers, agents, or employees of Member Agencies when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. Except as expressly provided for in this Agreement, nothing contained in this Article III is intended to nor shall it restrict or limit the rights or abilities otherwise available to the Authority to enter into agreements or other arrangements with any Member Agency in accordance with the terms and conditions of this Agreement and the Rules of the Board regarding the use of employees of the Member Agency in the operations and activities of the Authority. Section 3.10. Indemnity and Insurance. The Authority shall defend, indemnify and save harmless each Member Agency to this Agreement and its respective council members, officers and employees, from all claims, losses, damages, costs, injury and liability arising out of the Authority's performance of its powers, duties and responsibilities under this Agreement. The Authority shall obtain and keep in force policies of insurance with coverage and limits sufficient to protect the Authority and its Member Agencies from claims for damages arising from the activities of the Authority, its Board of Directors, officers and employees. It is the intent of this Section 3.10 that the policies of insurance described herein include coverage for automobile liability, comprehensive general liability, public officials errors and nd excess liability and other perils as the Board of Directors shall, from time to time, direct and that the coverage limits of these policies be maintained at levels as the Board of Directors shall direct. Each Member Agency shall be named an "additional insured" on the liability coverages or shall receive program.
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Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 9 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 3.11. Agreement Not for Benefit of Third Parties. This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by any Member Agency shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property in the respective Area of such Member Agency. ARTICLE IV POWERS OF THE AUTHORITY Section 4.1. General Powers. The Authority shall exercise in the manner herein provided the powers common to each of the Member Agencies, as provided by the Constitution and laws of the State of California, and all incidental, implied, expressed, or necessary powers for the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.4. As provided in the Act, the Authority shall be a public entity separate from the Member Agencies. The Authority shall have the power to finance, acquire, construct, manage, maintain, and operate the Joint Facilities. The Authority shall have all of the powers provided in Article 2 and Article 4 of the Act, unless specifically prohibited or restricted by this Agreement. Section 4.2. Specific Powers. The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers, including but not limited to, any of the following: Section 4.2.1. To make and enter into contracts; Section 4.2.2. To employ agents or employees; Section 4.2.3. To acquire, construct, manage, maintain, or operate any buildings, works or improvements; Section 4.2.4. To acquire, hold, or dispose of property; Section 4.2.5. To sue and be sued in its own name; Section 4.2.6. To incur debts, liabilities or obligations, subject to the provisions of this Agreement, provided that no debt, liability or obligation shall constitute a debt, liability or obligation upon any Member Agency; Section 4.2.7. To apply for, accept, receive, and disburse grants, loans, and other aids from any agency for the United States of America or of the State of California; Section 4.2.8. To invest any money in the treasury pursuant to Section 6505.5 of the Act that is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code; Section 4.2.9. To carry out and enforce all the provisions of this Agreement.
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Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 10 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 4.3. Bonds. The Authority shall have all of the powers provided in Article 4 of the Act, including the power to issue Bonds under the Bond Law. Section 4.4. Restrictions on Exercise of Powers. The Authority shall exercise in the manner herein provided the powers common to all Member Agencies as appropriate to the accomplishment of the purposes of this Agreement. For purposes of Govt. Code § 6509, the powers of the Authority shall be exercised subject to the restrictions upon the manner of exercising such powers as are imposed upon the City of Campbell, a general law city. Section 4.5. Obligations of Authority. The debts, liabilities, and obligations of the Authority shall not be the debts, liabilities, and obligations of any Member Agency. ARTICLE V METHODS OF PROCEDURE Section 5.1. Reserved. Section 5.2. Delegation of Powers. Each Member Agency hereby delegates to the Authority the power to purchase and the power and duty to maintain, operate, and manage any animal control equipment, resources, and real property acquired and identified by the Member Agencies, including the site of the Authority's animal control facility, and to employ the necessary personnel to do any and all other things necessary or desirable to provide efficient, economical and lawful Animal Control Services to the Member Agencies. Section 5.3. Joint Maintenance and Operation Fund. The Board of Directors shall have a joint maintenance and operation fund (herein called the "Operating Fund"). The Authority shall assume responsibility for the maintenance and operation of the Operating Fund and shall pay the administrative and operational expenses of the Authority and all maintenance and operation costs of the Joint Facilities from said Operating Fund. Each of the Member Agencies shall pay into said Operating Fund its proportionate share of the maintenance and operation costs of the Joint Facilities, computed on the basis set forth in Section 6.3 of this Agreement. Section 5.4. Capital Acquisition, Improvement and Replacement Fund. The Board of Directors may create a capital acquisition and replacement fund ("Capital Fund") for the purpose of creating a fund for the acquisition and construction of the Joint Facilities and any other capital improvements owned or controlled by the Authority, and the replacement and acquisition of capital equipment and property of the Authority. Each Originating Member Agency shall annually pay into said Capital Fund its proportionate share of capital costs, including principal and interest payments on outstanding Bonds, if any, as provided in Section 6.3. If there is a future need for contributions to the Capital Fund by any new Member Agency, all members shall contribute a proportionate share that is commensurate with each mproportional operating expenses.
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Attachment: SVACA JPA 2024 (JPA Addition of Los Gatos to SVACA)
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 11 of 22 Approved by the SVACA Board of Directors on May 22, 2024 ARTICLE VI BUDGET/COSTS, MAINTENANCE AND OPERATION COSTS AND OTHER COSTS Section 6.1. Annual Budget. The Board of Directors shall adopt a preliminary budget for maintenance and operation costs, capital costs, costs of special services, and debt service payments or redemption expenses on Bonds (if any), annually prior to June 1 of each year and shall adopt a final budget prior to June 30 of each year. Each Member Agency shall approve the contribution of its allocated proportional share of the total estimated annual costs and expenses in the budget, as set forth in Section 6.3, prior to final adoption of the budget by the Board of Directors on or before June 30 of each year. Section 6.2. Records and Accounts. The Authority shall cause to be kept accurate and correct books of account, showing in detail the capital costs, costs of special services and maintenance, operation costs of the Joint Facilities and the provision of the Animal Control Services, and all financial transactions of the Member Agencies relating to the Joint Facilities and the provision of the Animal Control Services, which books of account shall correctly show any receipts and also any costs, expenses, or charges paid or to be paid by each of the Member Agencies. Said books and records shall be open to inspection at all times during normal business hours by any representative of a Member Agency, or by any accountant or other person authorized by a Member Agency to inspect said books or records. The Controller/Treasurer shall, in accordance with Sections 6505 and 6505.6 of the Act, cause the books of account and other financial records of the Authority to be audited annually by an independent public accountant or certified public accountant. Section 6.3. Allocation of Costs and Expenses: Generally. Section 6.3.1. Annual Estimate. After adoption of the preliminary budget and prior to June 1 of each year, the Authority shall promptly furnish to each of the Member Agencies an estimate of the total annual maintenance and operation costs, capital costs, costs of special services, and debt service payments or redemption expenses on Bonds (if any). Section 6.3.2. Operating Costs. The proportion of Operating Costs to be borne by each Member Agency shall be determined by the Executive Director each year prior to April 1, and the Executive Director shall submit these percentages to the Board of Directors for review, modification and/or approval on or before June 1 of each year. The Board of Directors may modify the manner in which each Member Agency's contribution to Operating Costs is determined or calculated by five (5) affirmative votes of the Board of Directors. Section 6.3.3. Capital Acquisition Costs, Costs of Special Services, Bond Expenses. Costs of acquiring new equipment or constructing new facilities, costs of special services and Bonds interest and redemption expenses (if any) shall be borne by each Member Agency in the same proportion as Operating Costs determined, pursuant to Section 6.3.2, for the Fiscal Year in which the cost is incurred.
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Attachment: SVACA JPA 2024 (JPA Addition of Los Gatos to SVACA)
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 12 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 6.3.4. Capital Costs. The proportion of capital replacement costs to be borne by each Member Agency annually shall be the same proportion as Operating Costs borne by that Member Agency for that Fiscal Year as determined pursuant to Section 6.3.2. Section 6.3.5. Insurance Costs. The premiums for the insurance policies described in Section 3.10 shall be apportioned among the Member Agencies in the same manner as each Member Agency's yearly percentage of Operating Costs, as determined pursuant to Section 6.3.2 . In the event of any claim for damages which is not covered by insurance, or which exceeds the limits of any applicable policy of insurance, the Member Agencies agree to allocate among themselves the uninsured costs of defending such claim, and the uncovered costs of settlement or judgment, if any, in the same proportions as the percentage share of Operating Costs of each Member Agency as established pursuant to Section 6.3.2 at the time the claim is filed with the Authority. Section 6.4. Payment of Costs. Beginning on the Effective Date of this Agreement, and quarterly in advance thereafter for each Fiscal Year, each Member Agency agrees to pay the Authority its allocated proportional share of the total estimated annual costs and expenses, as set forth in Section 6.3. Section 6.5. Sources of Funds. Each Member Agency shall provide the funds required to be paid by it to the Authority under this Agreement from any source of funds legally available to such Member Agency for such purpose. Section 6.6. Level of Services and Charges to Member Agencies. All Member Agencies shall receive the same level of service for their contributions, regardless of the amount of their contribution. The levels of service are reflected in Exhibit A, and these services may be amended from time to time. Section 6.6.1. Level of Service Adjustment Due to New Member Agency. No later than four (4) years after the effective date of this Agreement, the Authority will conduct an internal review of its level of service for any new Member Agency to determine if the initial estimate of the necessary level of service for that jurisdiction is appropriate. In the event a higher or lower level of service is warranted based upon such audit, the Member Agencies may adjust the Operating Costs accordingly, pursuant to Section 6.3.2. Section 6.7. New Member Agency Contribution and Payment Terms. This Agreement was created to accommodate the inclusion of a new Member Agency, the Town of Los Gatos. Pursuant to Section 2.10, the Town of Los Gatos will contribute the following amounts pursuant to the terms stated herein as consideration for its Member Agency status. The Town of Los Gatos will pay a total of One Hundred Thousand Dollars ($100,000.00), payable to the Authority on the Effective Date of this Agreement. This contribution amount is based upon the purchase of one animal rescue vehicle for Authority staff use as well as miscellaneous transitional costs. Los Gatos agrees that any new asset and/or equipment purchased with these funds are the property of the Authority, not of Los Gatos.
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Attachment: SVACA JPA 2024 (JPA Addition of Los Gatos to SVACA)
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 13 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 6.7.1. Early Termination. Los Gatos also agrees that in the event its Legislative Body votes to terminate its status as a Member Agency prior to five (5) years from the Effective Date of this Agreement, then Los Gatos will be liable for early termination liquidated damages. The Member Agencies agree that, in the event Los Gatos terminates this Agreement prior to five (5) years from the Effective Date of this Agreement, the Authority and its remaining Member Agencies will suffer damages and will incur other costs and expenses of a nature and amount which is difficult or impractical to determine. The Member Agencies agree that by way of ascertaining and fixing the amount of damages, costs and expenses, and not by way of penalty, Los Gatos shall pay to the Authority liquidated damages of a sum equivalent to two-thirds (2/3) of its annual contribution for the remaining balance of that five (5) year period and any unpaid initial contribution amount, as described in Section 6.7. In the event that said liquidated damages are not paid, Los Gatos agrees that the Authority or any of its remaining Member Agencies may use all available legal remedies to obtain the amount of said unpaid damages. In the event of any litigation resulting from such a dispute as to liquidated damages, Los Gatos agrees to waive any affirmative defense as to the reasonableness and/or imposition of the liquidated damages. ARTICLE VII ENFORCEMENT Section 7.1. Enforcement by Authority. The Authority is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law, to enforce this Agreement. ARTICLE VIII WITHDRAWAL OF A MEMBER AGENCY Section 8.1. Agreement Continues. Notwithstanding the provisions of Section 9.1, each Member Agency agrees that the withdrawal of a Member Agency pursuant to this Article VIII is not intended to and will not terminate this Agreement or affect the ability of the Board of Directors or the remaining Member Agencies to carry out and fulfill the purposes of this Agreement. Section 8.2. Withdrawal. A Member Agency may withdraw from the Authority and this Agreement by filing written notice thereof with the Authority. Withdrawal will take effect on July 1 of any year provided there is a least six months advance notice. The withdrawal of any Member Agency from the Authority shall in no way affect the rights and obligations of the remaining Member Agencies. A withdrawing Member Agency is still obligated for all payments due from it for the fiscal year of the withdrawal, and in the case of the Town of Los Gatos, it is also obligated for all payments specified in Section 6.7 in the event of early termination. Further, in the event of withdrawal of a Member Agency, the following terms and conditions will apply: Section 8.2.1. Withdrawal shall not relieve the party of its proportionate share of any debts, liabilities or other contractual commitments incurred by the Authority prior to the effective date of the pa
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Attachment: SVACA JPA 2024 (JPA Addition of Los Gatos to SVACA)
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 14 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Section 8.2.2. If Bonds have been issued and the withdrawing Member Agency benefits directly or indirectly from the Bonds issued and outstanding, the Member Agency shall not withdraw from the Authority until such time as all of those Bonds and the interest thereon shall first have been paid in full or provision for such full payment shall first have been contractually made with the Authority and approved by the Board of Directors; and Section 8.2.3. The obligations of the withdrawing Member Agency shall have been paid in full and provision for repayment of any other indebtedness which may exist shall be covered by an agreement made between the Authority and the Member Agency and approved by the Board of Directors. Section 8.3. Non-Distribution of Assets Upon Withdrawal or Subsequent Dissolution. A withdrawing Member Agency will have no entitlement to any Assets or Cash Reserves (See Section 9.3 for definition of term) of the Authority nor any distribution or reimbursement of any kind from the Authority upon subsequent dissolution. Section 8.4. Restrictions. Any withdrawal from participation in this Agreement is subject to the restrictions on withdrawal contained in Sections 8.2 and 8.3, above. In addition, each withdrawing Member Agency, upon its withdrawal, waives any right to seek a judicial apportionment of any interest it may have in the Authority, including any interest in any Assets or Cash Reserves of the Authority. ARTICLE IX TERMINATION OF THE AGREEMENT AND DISSOLUTION OF THE AUTHORITY Section 9.1. Termination. This Agreement shall terminate and the Authority shall be dissolved upon an agreement of all Member Agencies. Upon termination of this Agreement, any obligation of the Authority which continues following dissolution shall be borne by the Member Agencies based on the percentages determined pursuant to Section 9.3. Section 9.2. Effective Date of Termination. Termination shall not under any circumstances become effective until June 30 next succeeding a minimum of twelve (12) months following the effective date of a written notice of termination to the Board of Directors approved by all Legislative Bodies of the current Member Agencies. Section 9.3. Disposition of Assets. Upon dissolution of the Authority, each Originating Member Agency shall receive its proportionate share of the assets of the Authority as defined in this Section within a reasonable amount of time after dissolution, and each Originating Member Agency shall contribute its proportionate or otherwise defined share toward the discharge of any enforceable liabilities incurred by the Authority as the same appear on the books of the Authority. Upon the termination of this Agreement, any assets acquired by the Authority during the period of its existence and still on hand and all unencumbered cash reserves (collectively, "Assets and Cash Reserves") shall be distributed to the Originating Member Agencies in the following manner: The total amount of maintenance and operating costs paid by each Originating Member Agency into the Operating Fund during the entire existence of the Authority shall be added together and the percentage which each Agency's total bears to the whole shall be determined. The Assets and Cash Reserves shall be divided among the current Member Agencies
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Attachment: SVACA JPA 2024 (JPA Addition of Los Gatos to SVACA)
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 15 of 22 Approved by the SVACA Board of Directors on May 22, 2024 based on the above percentage, based on appraised value of the assets at the time of termination. In the event the Originating Member Agencies cannot agree on how the distribution of Assets and Cash Reserves pursuant to the distribution method set forth in this Section should be implemented, the City Managers of all of the Originating Member Agencies, or their respective designees, shall meet promptly to develop a method for distributing the Assets and Cash Reserves among the Originating Member Agencies. New Member Agencies shall receive only their proportional share of the cash reserves they contributed to during their membership, if any. Section 9.4. The distribution of assets may be made in kind or assets may be sold and the proceeds thereof distributed to the Member Agencies at the time of dissolution after the discharge of all enforceable liabilities. Section 9.5. Continued Existence of Authority. Upon dissolution, this Agreement and the Authority shall continue to exist as required or necessary for the limited purpose of distributing the Assets and Cash Reserves and winding up and closing out the business, accounts and affairs of the Authority. ARTICLE X MISCELLANEOUS Section 10.1. Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing language in the section referred to or to define or limit the scope of any provision of this Agreement. Section 10.2. Consent. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. Section 10.3. Law Governing. This Agreement is made under the Constitution and laws of the State of California and is to be so construed. Section 10.4. Amendments. This Agreement may be amended at any time, except as limited by Bond covenants, if any. All amendments to the Agreement must be in writing, and must be approved by the Legislative Bodies of the Member Agencies prior to becoming effective. Section 10.5. Severability. In the event any provision of this Agreement is determined to be illegal or invalid for any reason, all other provisions and articles of this Agreement shall remain in full force and effect unless and until otherwise determined. The illegality of any provision of this Agreement shall in no way affect the legality and enforceability of any other provisions of this Agreement. Section 10.6. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the respective Member Agencies. No Member Agency may assign any right or obligation hereunder without written consent of the other Member Agencies. Section 10.7. Notice. Any notice required to be given or delivered by any provision of this Agreement shall be personally delivered or deposited in the U.S. mail, postage prepaid, addressed to the Authority and to the Member Agencies at their addresses as reflected in the records of the Authority, and shall be
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Attachment: SVACA JPA 2024 (JPA Addition of Los Gatos to SVACA)
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 16 of 22 Approved by the SVACA Board of Directors on May 22, 2024 deemed to have been received by the party to which the notice is addressed upon the earlier of receipt or 72 hours after mailing. Section 10.8. Counterparts. This Agreement may be signed in counterparts, which together shall constitute one agreement. If this Agreement is signed in counterparts, no signatory hereto shall be bound until all Parties named below have duly executed, or caused to be duly executed, a counterpart of this Agreement. [Signatures on next page.]
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Attachment: SVACA JPA 2024 (JPA Addition of Los Gatos to SVACA)
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 17 of 22 Approved by the SVACA Board of Directors on May 22, 2024 EXECUTION OF AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereupon duly authorized and their official seals to be hereto affixed on the dates as shown herein. MEMBER AGENCIES APPROVED AS TO FORM: CITY OF CAMPBELL, a municipal corporation By: ___________________________ By: _________________________________ Its: ___________________________ Its: _________________________________ Date: ___________________________ Date: _________________________________ ATTEST: By: ___________________________ Its: ___________________________ Date: ___________________________ APPROVED AS TO FORM: CITY OF MONTE SERENO, a municipal corporation By: ___________________________ By: _________________________________ Its: ___________________________ Its: _________________________________ Date: ___________________________ Date: _________________________________ ATTEST: By: ___________________________ Its: ___________________________ Date: ___________________________ APPROVED AS TO FORM: CITY OF SANTA CLARA, a municipal corporation By: ___________________________ By: _________________________________ Its: ___________________________ Its: _________________________________ Date: ___________________________ Date: _________________________________ ATTEST: By: ___________________________ Its: ___________________________ Date: ___________________________
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Attachment: SVACA JPA 2024 (JPA Addition of Los Gatos to SVACA)
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 18 of 22 Approved by the SVACA Board of Directors on May 22, 2024 APPROVED AS TO FORM: CITY OF MOUNTAIN VIEW, a municipal corporation By: ___________________________ By: _________________________________ Its: ___________________________ Its: _________________________________ Date: ___________________________ Date: _________________________________ ATTEST: By: ___________________________ Its: ___________________________ Date: ___________________________ APPROVED AS TO FORM: TOWN OF LOS GATOS, a municipal corporation By: ___________________________ By: _________________________________ Its: ___________________________ Its: _________________________________ Date: ___________________________ Date: _________________________________ ATTEST: By: ___________________________ Its: ___________________________ Date: ___________________________
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Attachment: SVACA JPA 2024 (JPA Addition of Los Gatos to SVACA)
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 19 of 22 Approved by the SVACA Board of Directors on May 22, 2024 EXHIBIT "A" ANIMAL CONTROL SERVICES The term "Animal Control Services" in the Agreement to which this Exhibit "A" is attached means all of the following services: A. Field Services Field services means all of the following services, including any vehicles, communications equipment, office supplies, field and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following services (the "Field Services"): Pick up of confined stray dogs, cats, and other small animals, including, rabbits, chickens, turkey, geese, and ducks, and excluding confined wildlife as defined in Section 711.2 of the California Fish and Game Code, such as opossums, raccoons, skunks, or squirrels Pick up confined stray livestock, including horses, pigs, goats, sheep, and donkeys Pick up of deceased animals, including wildlife, as described in more detail below under the description of Deceased Animal Services Pick up of injured stray dogs or cats and other small animals, without regard to weight, and injured wildlife weighing fifty pounds (50 lbs.) or less, that are located on public property or readily accessible on private property with the permission of the property owner or occupant or the property owner's or occupant's authorized agent Respond to emergency calls such as animals requiring rescue or animals attacking people Investigating complaints of animal bites or attacks on humans, including the completion of a report interviewing the parties involved, quarantining animals which have bitten humans, preparing and transporting biting animals for rabies testing, and investigating alleged violations of a quarantine Response to calls for removal of venomous snakes in a private residence and on private property Investigating complaints of vicious dogs and provide administrative hearings Investigating complaints of dangerous animals and provide administrative hearings Responding to complaints of animals running at large Responding to complaints of domestic animals causing a nuisance, except domestic animals making noise, and provide follow-up patrol
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Attachment: SVACA JPA 2024 (JPA Addition of Los Gatos to SVACA)
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 20 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Respond to police assist calls on animal-related issues, which service may include taking control of an animal on the scene Investigate complaints regarding the lack of proper care, condition, or attention of domestic animals by their owners Investigate complaints regarding cruelty to animals Investigate complaints regarding exceeding the limit of the maximum number of animals Investigate complaints regarding unsanitary conditions Provide Community Outreach Humane Education programs to local schools as well as presenting programs to civic groups and organizations, Neighborhood Watch, homeowners groups and more Provide animal safety training for service workers (i.e. postal employees, meter readers) Issue administrative and criminal citations as necessary Participate in Santa Clara County Disaster Preparedness Team B. Shelter Services Shelter Services means all of the following services, including shelter facilities, supplies, animal care specialists, supervisors and administrative personnel, and any other personnel, supplies and equipment reasonably required to perform the following services (the "Shelter Services"): Shelter of abandoned, impounded, lost or stray domestic animals brought to the shelter by a Member Agency, a resident residing in a Jurisdictional Area, or shelter personnel Quarantine of biting animals Rabies testing of suspect animals Provision for surrender and reclaim of abandoned, lost or stray domestic animals during established business hours Provide adoption program to include offsite adoption events Provide after hours receiving kennels for stray healthy animals Save all healthy or treatable animals by return to owner, placement with a placement partner, or adoption
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Attachment: SVACA JPA 2024 (JPA Addition of Los Gatos to SVACA)
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 21 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Hold periodic adoption events at the animal care center Euthanasia and disposal of unhealthy domestic animals that fail to meet the written health and temperament standards of the shelter C. Medical Services Medical Services means all of the following services, including office facilities, supplies, and professional and trained personnel necessary to perform the following services (the "Medical Services") by staff or through contracts: Provision of veterinarian services by staff or through contracts twenty-four (24) hours per day to treat and provide veterinarian care to stray dogs, cats, and other impounded animals that may be sick or injured Monitor quarantined biter animals Conduct vaccination clinics and have available, free of charge to the public, rabies control information. Operate public low cost spay/neuter clinic D. Deceased Animal Services Deceased Animal Services means all of the following services, including any vehicles, storage facilities, disposal mechanisms, field, and administrative personnel, and any other personnel, supplies, contracts and equipment required to perform the following services (the "Deceased Animal Services"): Pick up of deceased animals, including wildlife and except livestock, from streets and public property within Jurisdictional Areas, or from private property within Jurisdictional Areas with the permission of the property owner, occupant or a representative of the property owner or occupant Identification of and notification to the owner of the deceased animal, whenever possible Disposal of the body of the deceased animal E. Animal Licensing Services Animal Licensing Services means all of the following services, including any vehicles, office facilities, supplies, equipment and personnel necessary to perform the following services (the "Animal Licensing Services"):
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Attachment: SVACA JPA 2024 (JPA Addition of Los Gatos to SVACA)
Revised Third Restated and Amended Joint Exercise of Powers Agreement Page 22 of 22 Approved by the SVACA Board of Directors on May 22, 2024 Computerized animal licensing including up to two delinquent notices on license renewals Animal Control Officer contact for delinquent licenses when necessary Provide licenses at animal care center Comprehensive community outreach program, to include issuing licenses at vaccination and spay/neuter clinics Distribute licensing information through local veterinarians and on web site Issue assistance animal identification tags to qualified residents as required by state law F. Other Services For Which a Fee May Be Charged Pick up owned animals Provide humane traps to the public to capture sick, injured, or nuisance domestic animals Provide volunteer opportunities Provide onsite dog training
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Attachment: SVACA JPA 2024 (JPA Addition of Los Gatos to SVACA)
City
Council
Report
TITLE: Placing the Cost of Abating Hazardous Vegetation on the Property Tax Assessment Roll (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution placing the cost of abating hazardous vegetation on the property tax assessment roll.
DISCUSSION
Abatement of hazardous vegetation (weeds) is managed through the Weed Abatement Division of the Santa Clara County Department of Agriculture and Environmental Management, upon action of the City to notice and authorize abatement.
On December 5, 2023 , the City Council declared weeds to be a public nuisance, allowing the County to send notices to property owners whose properties were overgrown with weeds. The notice advised that the weeds must be voluntarily removed or that removal would be performed by the County at the owner’s expense.
On January 22, 2024, the City Council held a public hearing to receive protests from property owners whose properties were identified as having a weed problem and to direct the County to proceed with abatement on those properties where weeds were not voluntarily removed by the owners. As a result of the public hearing, after receiving public testimony, the Council removed one property from the weed abatement list.
The final assessment report from County Weed Abatement staff is included as Exhibit A of the draft resolution. It identifies 83 properties that will be assessed a fee. Of these, 69 passed the initial inspection ($ 96 fee), and 14 failed the initial inspection . ($96 initial inspection + $546 to total $642) The assessments will be placed on the property tax roll as a lien and collected together with all other property taxes.
FISCAL IMPACT
No financial impact will be incurred by the City as the weed abatement program is funded by fees payable directly to the County. The County will assess a total of $20,232 in fees from the 83 property owners.
Item: 9
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: July 2, 2024
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Hazardous Vegetation Abatement Page 2 of 2
Prepared by:
Randy Sweet, Code Enforcement Officer
Reviewed by:
Rob Eastwood, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. CC Resolution 2024 Weed Abatement
b. Exhibit A - 2024 Campbell Assessment report
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RESOLUTION NO. ____
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
PLACING THE COST OF ABATING HAZARDOUS VEGETATION ON THE PROPERTY TAX ASSESSMENT ROLL.
WHEREAS, the City Council of the City of Campbell did on the 22nd day of January, 2024, hold a Public Hearing for the purpose of hearing any objections by any of the property owners liable to be assessed for the work of abating hazardous vegetation on their property; and
WHEREAS, the Santa Clara County Department of Agriculture and Environmental Management recommended that the cost of abating nuisance of hazardous vegetation on such property shall constitute special assessments against such property and shall constitute a lien on such property for the amount of such assessments, as outlined in Exhibit A and made a part hereof;
NOW, THEREFORE, BE IT RESOLVED that the Santa Clara County Department of Agriculture and Environmental Management shall cause the amount of assessment to be entered on the City assessment roll opposite the description of the particular property and the amount shall be collected together with all other taxes thereon upon the property.
Thereafter, such amounts shall be collected at the same time and in the same manner as general City taxes. All laws and ordinances applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such special assessment.
BE IT FURTHER RESOLVED that the property owners have the option, if they so desire, of paying the assessment directly to the Collector’s Office before said entry on said assessment roll as outlined in Exhibit A and attached hereto.
PASSED AND ADOPTED this __ day of ___, 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
________________________
Susan M. Landry, Mayor
ATTEST:______________________________
Andrea Sanders, City Clerk
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Attachment: CC Resolution 2024 Weed Abatement (Hazardous Vegetation Abatement)
OWNERS ADDRESS
TAXROLL
AMT
95 HAMILTON 95 HAMILTON LLC $96.00
499 HAMILTON J G DUTRA & SON $96.00
465 CAMPBELL HOFFMAN, RYAN ET AL $96.00
336 CALIFORNIA ZHOU, LE TIAN AND BRYNA $1,293.90 301 BUDD FARAHANI, HADI ET AL $96.00
599 INWOOD WELLER, KATHLEEN R TRUSTEE $96.00
1009 SAN TOMAS AQUINO NORCAL HOUSESMITH INVESTMENT INC $96.00 101 TRAILBLAZER WESTMONTAVE LLC ET AL $96.00
103 TRAILBLAZER WESTMONTAVE LLC ET AL $96.00
105 TRAILBLAZER WESTMONTAVE LLC ET AL $96.00
107 TRAILBLAZER WESTMONTAVE LLC ET AL $96.00
109 TRAILBLAZER WESTMONTAVE LLC ET AL $96.00
111 TRAILBLAZER WESTMONTAVE LLC ET AL $96.00
1660 WESTMONT FISK, PATRICIA A TRUSTEE $96.00
1410 WESTMONT KUPPUSWAMY, SETHURAMAN AND SANKAR , LOKA K TRUSTEE $96.00 1265 BURROWS BURROWSRD LLC $96.00
HACIENDA BURROWSRD LLC $96.00
1615 WESTMONT HUGHES, HEIDE TRUSTEE $96.00
1625 WESTMONT LIU, YONG AND HU , XUHUI $96.00
780 JEFFREY VU, JOSEPH AND MARIA $96.00
751 BUDD LIN, DANIEL L AND HUNG L ET AL $96.00
781 JEFFREY TERASAWA, YOSHINOBU AND SACHIKO TRUSTEE $96.00 725 KENNETH DHULIPALA, VISWANATH L AND SWARNA B TRUSTEE $96.00 738 SOBRATO COLVILL, NICHOLAS S AND YAMATO-COLVILL , HAPI TRUSTEE $96.00 912 SOBRATO KING, NELSON AND SUE Y $96.00
888 SOBRATO LIM, CHUCK AND LI , HELEN XIAOLI $96.00
800 SOBRATO PACIFIC REDBRICK PARTNERS LLC $96.00
611 LAURA LI, POKING AND CHEN , CHRISTINE M TRUSTEE $96.00 621 LAURA UHROWCZIK, NORMA TRUSTEE $96.00
629 LAURA UHROWCZIK, NORMA TRUSTEE $96.00
775 SUNNYOAKS PARTHIPAN, PARAMSOTHY TRUSTEE $96.00
803 SUNNYOAKS NOBLE, NAOMI TRUSTEE $642.00
817 SUNNYOAKS LO, PING $642.00
850 CONNIE
RAJENDRAN, RAMKUMAR AND SHANMUGANATHAN , SARANYYA
TRUSTEE $96.00
772 MARILYN CHAU, HIEN QUANG AND TRAN , LOAN THANH $96.00 805 SHARMON PALMS JOHNSON, THOMAS E $96.00
817 SHARMON PALMS CHERN, HARRY AND KATHY K $96.00
747 MARILYN LIM, MUI CHUN AND WONG , TSUEY YI $96.00
2024 WEED ABATEMENT PROGRAM
ASSESSMENT REPORT
CITY OF CAMPBELL
SITUS
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Attachment: Exhibit A - 2024 Campbell Assessment report (Hazardous Vegetation Abatement) 759 MARILYN OLSZEWSKI, DAVID $96.00
815 MARILYN NOONAN, RHONDA G TRUSTEE $96.00
944 VIRGINIA PASTRE, GRACIELA TRUSTEE $96.00
587 VIRGINIA TAGATAC, ERNEST M AND SANDRA S $96.00
625 VIRGINIA ALTUS, CHRISTINA M AND STEPHEN S $96.00
904 HAZEL KNIGHT, LEE A $96.00
955 LINDA TREMAIN, MATT $1,622.10
965 LINDA LU, EDDIE C AND LILIEN T $1,622.10 975 LINDA UTSCHIG, WILLIAM G AND LINDA E $642.00
978 LINDA CAMPBELL, DOUGLAS $642.00
891 CONNIE SCHUMACHER, RICHARD $1,834.95 1039 CONNIE SHWARTZMAN, MARK AND IRENA $96.00
930 SAN TOMAS AQUINO JAVANMARD, ARIA $96.00
908 KARA CROSSEN, DWIGHT E AND JUDY D $642.00
865 BUCKNAM TIBBS, KEVIN W TRUSTEE $96.00
925 BUCKNAM VATTADIKUNNEL, GEORGE M $96.00
1046 LOVELL GAMBLE, JAMES P TRUSTEE $96.00
1032 LOVELL CHUI, CHRISTOPHER ET AL $96.00
1030 CONNIE ALBRECHT, THOMAS EDWARD AND KIMBERLY LYNN TRUSTEE $96.00 1008 CONNIE LAU, KENNETH W AND IRENE SUJANTO TRUSTEE $96.00 976 CONNIE MAKHOTA, MAXYM AND IRYNA $96.00
870 SUNNYOAKS KHOSRAVIANI, ESFANDIAR AND MOBARAKEH , MONDANA ET AL $642.00 864 SUNNYOAKS KAPLAN, GALE H $96.00
1190 STEINWAY DAFTARI-FARAHBAKHSH, NAZANIN TRUSTEE $96.00 1236 HACIENDA FEBER, DAVID AND HELEN $642.00
1109 STEINWAY KLASS, KEVIN M AND SHARON S TRUSTEE $96.00 1017 STEINWAY CHUANG, BING WEN AND TAN , YEN BOON $96.00 1052 STEINWAY HUANG, WEI H ET AL $96.00
1018 STEINWAY RYAN, JAMES M AND ELIZABETH V TRUSTEE $96.00 1231 VIRGINIA MCCRAVEN ELIZABETH J $96.00
700 HACIENDA ALMASI, AZITA TRUSTEE $642.00
1270 THERESA DOUGHERTY, ROBERT S AND ELLEN M $96.00
730 CHAPMAN LIN STEVE CHE-WEI AND MAGGIE MING-YI $96.00 1429 THERESA AGHAZADEH, MAX AND CYNTHIA E TRUSTEE $96.00 1461 THERESA BILEK, BONNIE J TRUSTEE $96.00
999 PARR KRAG, MARK D TRUSTEE $96.00
1560 VALE MERRILL, NELDA G TRUSTEE & ET AL $96.00
1001 AUDREY 3932 MIDDLETOWN LLC $96.00
1080 AUDREY MARAHRENS, HENNING $96.00
1032 AUDREY SEMENOFF, CYNTHIA J $96.00
1451 VALE WU, RACHEL ET AL $96.00
1247 POLLARD HOPKINS, JEFFREY M TRUSTEE $96.00
1420 BURROWS BROWN, HUGH O $642.00
1500 CAMDEN KOBATA, KIMIYO $1,457.25
9.b
Packet Pg. 109
Attachment: Exhibit A - 2024 Campbell Assessment report (Hazardous Vegetation Abatement) 1766 WHITE OAKS BRACHER, ERIC A TRUSTEE & ET AL $96.00
9.b
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Attachment: Exhibit A - 2024 Campbell Assessment report (Hazardous Vegetation Abatement)
City
Council
Report
TITLE: Discussion to Consider Options for Utilizing the City's Remaining American Rescue Plan Act (ARPA) Funds
RECOMMENDED ACTION
That the City Council discuss and consider options to utilize the City's remaining American Rescue Plan Act (ARPA) funds by the December 31, 2024 obligation deadline and the December 31, 2026 spending deadline as set forth by the U.S. Treasury Department.
During the FY 2025 Budget process, the City Council expressed interest in having a separate and more robust discussion on how to utilize the City’s remaining American Rescue Plan Act (ARPA) funds within required federal deadlines as set forth by the U.S.
Treasury Department . This report will provide key background information regarding ARPA and discuss several potential options for its remaining use. Staff requests Council direction through majority consensus on how to utilize the City’s remaining ARPA funds within required these federal deadlines.
BACKGROUND
As has been detailed in previous reports to Council, t he City was allocated $9.997 million in ARPA funds; with equal payments of $4.999 million each received in FY 2021 and FY 2022. And p er ARPA guidelines, the City must obligate (appropriate and/or encumber through executed contractual agreements to vendors or subawards to subrecipients) these funds by December 31, 2024 and spend them down fully by December 31, 2026 . Actual expenses incurred though December 31, 2024 are also considered to have been obligated by this deadline. Any unobligated or unspent funds after these deadlines are subject to be returned to the federal government.
Additionally, per U .S. Treasury guidance, ARPA funds may be used for the following purposes in order to support recovery from the pandemic and fiscal stability and resiliency:
1. Replace lost public sector revenue , using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic. Since the City of Campbell received less than $10.0 million in ARPA funds, it is allowed under U.S. Treasury guidance to use all its APRA proceeds to replace lost City revenue , if its so chooses, and provide any service Item: 10
Category: UNFINISHED BUSINESS
Meeting Date: July 2, 2024
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traditionally provided by local governments, with few limitations. While this is a very broad definition, it could include, but is not limited to, salary and benefit costs for City personnel providing traditional government services through December 31, 2024 (with exceptions for those responsible for ARPA compliance, reporting, and maintenance of related records through December 31, 2026), contractual costs for Fire services, and capital projects where contracts with vendors are executed and entered into by December 31, 2024 and supporting ARPA funds completely spent down by December 31, 2026. ARPA funds though cannot be used to build up City reserves that will not be obligated and spent by the required deadlines, accelerate pension liability payments beyond normal actuarially required annual amounts, pay down debt, or support tax decrease s.
To date, $8.36 million of the City’s $8.56 million use or planned use of its ARPA funds has fallen under the category of Replacing Lost Public Sector Revenue and providing traditional government services.
2. Support public health expenditures , by, for example, funding COVID -19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff.
3. Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector . The City’s Parklet Grant Program, which is supported by ARPA funds and currently equals $200,000, would fall under this category.
4. Provide premium pay for essential workers , offering additional support to those who have and will bear the greatest health risks because of their service in critical infrastructure sectors.
5. Invest in water, sewer, and broadband infrastructure , making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet.
DISCUSSION
At the June 18 Adoption of the FY 2025 Budget, staff estimated remaining ARPA funds for the City totaling $1.49 million. This included actual expenses through FY 2023, estimated expenses for FY 2024, and proposed and previously approved used for FY 2025. Since that time, staff has re -reviewed each line item to verify its need for ARPA funding as well as the City’s ability to contractually obligate ARPA funds that support those line items by December 31, 2024 and fully spend them down by December 31, 2026. Staff also examined investment/interest income earned on ARPA funds and added it as a source of ARPA fund revenue totaling $340,594 in FY 2024. As such and as shown in Attachment A , the ARPA Fund (#221) is now estimated to have a remaining balance of $1.82 million after investment/interest income for FY 2024 is added and all actual and planned uses of ARPA funds are accounted for. The City 10 Packet Pg. 112
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should obligate these funds by December 31, 2024 and fully spend them by December 31, 2026 to ensure that they do not need to be returned to the federal government.
During the FY 2025 Budget process, Council expressed varying degrees of interest in the items detailed below. Council may wish to allocate remaining ARPA funds to these purposes or other purposes as identified by Council during the July 2 meeting; provided that all uses meet applicable ARPA obligation and spending deadlines:
• Campbell PDA Enhancements - Civic Center Dr at 2nd and 3rd Street (New Project) - $625,000: The Campbell Priority Development Area (PDA) Enhancements Project was the result of a planning study, known as the Transportation Improvement Plan for Campbell Priority Development Area, which was completed in 2017. The plan involved significant community engagement and was ultimately accepted and approved by the City Council in January 2018.
The plan identified a suite of transportation improvement projects that could be implemented in and around the downtown area that would improve safety and accessibility for both pedestrians and bicyclists, while reducing vehicle speeds and improving driver visibility.
Staff secured One Bay Area Grant (OBAG) funding in late 2021 to begin the design process for the highest priority improvements. As the design progressed, the proposed improvements were divided into phases that could be implemented as individual capital projects. The first phase (and the highest priority) of implementation has been identified as improvements along Civic Center Drive; specifically at the intersections of Second and Third Streets. The scope of this project includes the modification of intersection curb lines and curb ramp locations to improve intersection sight lines, narrow lanes, and upgrade existing accessibility ramps to be ADA -compliant. Additionally, the project would also provide for the separation of ADA curb ramps and private driveways , which were constructed in the 1970’s and have led to user conflicts over the years and have also resulted in damage to private structures as a result of vehicle collisions. The project also includes associated signing and striping, bio -treatment areas, and storm drain improvements. Staff has confirmed through the granting agency that the remaining balance of OBAG funding (approximately $2 50,000) can be applied to the construction phase. The remaining City funds from the design phase (Vehicle Impact Fees) can also be applied to the construction. An additional $625,000 is needed to fully fund the first phase of construction. Not funding this phase would likely result in forfeiting the remaining $2 50,000 of OBAG funding.
Future phases of the project include a) the reconfiguration and re -signalization of the intersection of Harrison Avenue at Civic Center Drive, which would increase pedestrian accessibility to both the downtown area and the Campbell Library, which is currently being renovated; and b) provide for improved bicycle and fully accessible pedestrian street crossings at Orchard City Drive and Central Avenue, which would also improve access to a the downtown area and an adjacent Valley 10 Packet Pg. 113
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Transportation Authority ( VTA) light-rail station. Both project areas would be constructed in compliance with ADA guidelines and would be fully accessible.
Staff has submitted grant applications for both of these phases for potential Community Project funding through the federal government (through Representative Anna Eshoo’s office).
• City Facilities Roof Replacement (Project 24TT) - $375,000: In 2022, staff conducted a roofing assessment for all City buildings , which identified and prioritized the resulting roofing deficiencies. While the highest priority projects (Community Center Buildings C, L, and M and the Sunnyoaks Fire Station) have all been designed, bid, and awarded, many other roofing improvements are needed. For FY 2025, staff identified Community Center Buildings D and H as the next highest priority group of projects and has proposed an associated Capital Improvement Project for FY 2025 in the amount of $375,000. If this project is not funded in FY 2025, it would be deferred to FY 2026; with funding possibly being needed from the City’s General Fund . This would result in other proposed roofing projects in outer years of the CIP (FY 2026, FY 2027, FY 2028, and FY 2029) each being deferred by one year, resulting in increased costs and risking additional structural damage to City facilities.
• Expansion of Parklet Grant Program - $40,000 to $80,000 for additional grants / $10,000 to $15,000 for additional architectural design work / $50,000 to $95,000 total: The initial parklet grant program was established to support up to ten (10) downtown businesses at a maximum grant amount of $40,000 each and $400,000 total. Only four (4) eligible businesses were issued grants ; costing $160,000 to date through FY 2024 . Thus, in the FY 2025 Budget process, staff proposed reducing the total program budget down to $200,000 in total and allowing one (1) more eligible business to obtain a grant using a remaining program balance of $40,000 in FY 2025 . Nevertheless, Council expressed interest in potentially expanding the program so that more business could apply and having staff survey remaining eligible businesses, including those new to the Downtown area, to gauge their current interest in the program. Adding $40,000 more to the program budget and raising its remaining allocation to $80,000 total in FY 2025 , would allow two (2) more eligible businesses to apply. Conversely, adding $80,000 more to the program budget and raising its remaining allocation to $120,000 total in FY 2025 , would allow three (3) more eligible businesses to apply. Staff will survey potentially interested busi nesses to gauge their current interest in the Parklet Grant Program, but does not expect more than three (3) businesses to apply; if any at all. Please note that for any remaining businesses that are awarded Parklet Grant funds, sub -award agreements between them and the City would need to be execut ed by the December 31, 2024 ARPA obligation deadline and funds completely spent by the December 31, 2026 ARPA spending deadline. Additionally, since every business has slightly different space dimensions and often times, unique parklet design needs based on their allowable spaces, $5,000 per new parklet is recommended by staff to support specialized architectural design services. The City initially contracted with an 10 Packet Pg. 114
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architectural firm to prepare general parklet designs that Council approved and that businesses could choose from, but the additional design services requested would be to fit those approved options to the specific space dimensions at each business location. If two (2) more eligible businesses were awarded a grant, this would add $10,000 in design costs. If three (3) more eligible businesses were awarded a grant, this would add $15,000 in design costs.
• Hotel Voucher Program for Unhoused – $225,000: Under the administration of the soon to be hired Unhoused Specialist and in coordination with service agencies, hotel vouchers could be provided to homeless to allow for temporary stays in Campbell hotels. This would allow the homeless a temporary place to stay when seeking more permanent housing or services. Motel 6 Owners (who operated Room Key under the Pandemic) have offered to work with the City on this program. Cost estimates assume vouchers for up to 50 individuals that allow 30 days of hotel stays within one calendar year at an average cost of $150 night and $225,000 for the entire program.
• Hotel Stays for Unhoused during Inclement Weather – $35,000: Los Gatos has implemented a model of purchasing hotel rooms for the unhoused to use during inclement weather; serving as a cold weather shelter. In March 2023, the Los Gatos Town Council allocated $25,000 for this program that was spent during the 2023/24 Winter, including funding 21 nights and 211 hotel rooms in total. Under this model, certain hotel rooms would be blocked out or purchased or a voucher could be used by the unhoused, to be implemented during identified cold weather events. The program would be administered by the incoming Unhoused Specialist and in coordination with service agencies. Cost estimates are based on information to date from Los Gatos and scaled up for Campbell’s unhoused population.
• Buy Down of At Risk Below Market Rate (BMR) Units – $850,000: As identified in the City’s Housing Element, there are over 70 BMR Units at the Avalon residential community that will be losing their affordable housing protections in 2026. The City could potentially work with the property owner / manager to subsidize the payment difference between the below market rate and market rate rental rates for a period of time to ensure existing renters can remain in the rental units. Given the difference in the monthly rental rate between a market rate and below market rate unit, the estimated cost for the “buy down” would be approximately $850,000 to cover the rent difference for 70 units for one year. However, due to this steep cost combined with the short term duration of the intended rent protection, this option is not recommended by staff.
• Universal Basic Income (UBI) Program – $500,000: Universal Basic Income (UBI) programs have been tested in several cities in the Bay Area and gained increased interest during the initial stages of the pandemic in order to address the significant negative impacts it had on those already experiencing poverty or 10 Packet Pg. 115
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those newly thrust into poverty. The general idea of UBI program is to provide a regular source of added income for those experiencing poverty in order to help pay for food, rent, and other basic living expenses; with the goal of having ancillary positive impacts in the community such as improved educational learning for children whose families benefit from such programs and improve public safety. For example, Mountain View ran a pilot program in which it provided 166 qualified recipients approximately $250 per month each for two years at a total program cost of $1.0 million using some of its ARPA allocations.
While this program was able to help those in the community that qualified, the initial startup time was approximately 1.5 years. Thus, based on the length of time it would take to get such a program started as well as ongoing administration time and costs, staff does not recommend implementing a UBI program for Campbell using ARPA funds . It would also be extremely difficult to meet required ARPA deadlines. Nevertheless, if one was implemented in Campbell, staff estimates that a pilot program would costs approximately $500,000 to be effective; using Mountain View as a benchmark and scaling back based on proportional population size of approximately one-half.
• Providing Some Level of Support to Downtown Campbell Business Association (DCBA) for Events that Benefit the Community – $15,000: At the June 18 Budget Adoption, Council expressed some interest in supporting the DCBA in FY 2025 so as to offset their costs for putting on various events that benefit the Campbell community. Given the key role that the DCBA plays in the community and cost for putting on events, staff recommends support of up to $15,000 in FY 2025 using ARPA funds . However, should the City award this amount, it would need to execute a sub -award agreement with the DCBA by December 31, 202 4 and the DCBA would need to spend these funds down by December 31, 2026. The sub -award agreement could include the events that DCBA would provide and other stipulations for receiving and using the funds per Council’s direction.
In addition to the projects and programs previously with Council above, staff also asks Council to consider the following programs for ARPA funding:
• West Valley Homeless Shelter Feasibility Study – $100,000: There are no permanent shelters serving homeless population of the West Valley area and the cities of Campbell, Cupertino, Monte Sereno, Saratoga, and Los Gatos. As identified within the County of Santa Clara’s 2023 Homeless census and point in time count, the five cities together had 221 persons experiencing homelessness.
City staff has been in monthly discussions with the other Vest Valley cities on identifying areas of collaboration on unhoused / homeless issues. Collectively, the cities have discussed together with County Office of Supportive Housing staff looking at the possibility of developing a homeless shelter in the west valley area to serve all five cities. An initial feasibility study could identify the necessary construction and operation costs, potential service providers and service models, potential eligible properties, and a proposed funding / finance strategy. The City 10 Packet Pg. 116
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could commission with an independent consultant to conduct the work or potentially with County Office of Supportive Housing Staff, City staff is still analyzing the program to determine costs and viability of the study is speculative as this point, but staff has developed initial estimates of $100,000.
• Support of Silicon Valley Safe Park Program - $15,000: The Silicon Valley Safe Park Program operates between several religious institutions in Campbell ; rotating on a monthly basis. The program offers safe parking for 15 cars, specifically for the unhoused that are living in their car. City staff has asked the operators of the program for feedback on any necessary funding to continue or expand the program. The operators have identified that they need support in offering car repairs to their clients and access to laundromat services. The City could provide funding for car repairs (2 repairs a month) and laundromat vouchers for a year to support this program. Estimated costs of this program are $15,000, with $12,000 being for car services and $3,000 being for laundry services.
In total, the options above equal approximately $2.84 million and exceed the City’s $1.84 million in remaining ARPA funds. Nevertheless, if items were removed that staff does not recommend (BMR and UBI programs), this would bring the amount down to $1.49 million and still allow the Council to allocate up to $335,000 for other purposes.
FISCAL IMPACT
If Council provides direction to staff to obligate and spend remaining ARPA funds, staff will return to Council at a later date with the necessary budget adjustments, resolutions, and other required items. As reminder, the City Council must obligate $1.82 million in remaining ARPA funds by December 31, 2024 and fully spend them down by December 31, 2026.
Prepared by:
Will Fuentes, Finance Director
Approved by:
Brian Loventhal, City Manager
10 Packet Pg. 117
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Attachment:
a. ARPA Fund 221 Status 07-02-24
10 Packet Pg. 118
ARPA Fund (#221) Status - Current as of 07-02-24 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Actual Actual Actual Estimated Estimated Estimated Estimated Beginning Balance -$ 2,784,217$ 7,734,879$ 7,823,822$ 3,527,335$ 2,074,049$ 1,820,943$
REVENUES TOTALS
R1 - ARPA Payment from US Treasury 4,998,887 4,998,887 - - - - - 9,997,774 R2 - Investment /Interest Income - (48,225) 91,397 340,594 - - - 383,767 Sub-Total: Revenues 4,998,887 4,950,662 91,397 340,594 - - - 10,381,541
EXPENDITURES
Operational TOTALS
O1 - General Fund Operational Support - Broad Purpose 2,214,670 - - 837,087 956,688 - - 4,008,445 O2 - Ballot Measure Polling, Legal, and Related Consulting - - - 100,000 - - - 100,000 O3 - Boiler & HVAC Replacement - - - 31,000 - - - 31,000 O4 - Climate Action Plan - - - 300,000 - - - 300,000 O5 - Contracted Mental Health Clinician - - - 24,469 100,000 75,531 - 200,000 O6 - Employee Health Screenings - - - 25,568 - - - 25,568 O7 - Environmental Programs Specialist (Limited-Term) - - - 62,958 136,246 71,554 - 270,758 O8 - Housing Manager - - - 104,563 220,352 106,022 - 430,937 O9 - HRIS Implementation and Payroll Operational Support - - - 60,000 - - - 60,000 O10 - Parklet Grant Program - - - 160,000 40,000 - - 200,000 O11 - Parks and Recreation Master Plan - - - 209,700 - - - 209,700 O12 - PPE & Misc. COVID Supplies - - 2,454 - - - - 2,454 O13 - Replacement Storage Area Network System - - - 123,386 - - - 123,386 Capital Projects TOTALS
C1 - Public Safety Building CIP Support (23RR) - - - 939,000 - - - 939,000 C2 - ADA Transition Plan - FY24 (24HH) - - - 50,000 - - - 50,000 C3 - Campbell Community Center (CCC) - Building A HVAC Controls (24AA) - - - 65,491 - - - 65,491 C4 - CCC - Building A Sewer Line Replacement (24RR) - - - 278 - - - 278 C5 - CCC - Building M Roof Replacement (24SS) - - - 400,000 - - - 400,000 C7 - CCC - Heritage Theatre Boiler (24OO) - - - 78,265 - - - 78,265 C8 - CCC Wi-Fi Project (22PP) - - - 125,000 - - - 125,000 C9 - City Facilities Roof Replacement (24TT) - - - 475,000 - - - 475,000 C10 - City Hall - HVAC Chiller Replacement (24UU) - - - 131,315 - - - 131,315 C11 - City Hall Public Counters & Accessibility Improvements (24VV) - - - 220,000 - - - 220,000 C12 - VTA Grant Match - Hamilton/Hwy 17 Bicycle Overcrossing Study (22YY) - - - 114,000 - - - 114,000 Sub-Total: Expenditures 2,214,670 - 2,454 4,637,081 1,453,286 253,106 - 8,560,598 Ending Balance TOTAL 2,784,217 7,734,879 7,823,822 3,527,335 2,074,049 1,820,943 1,820,943 Key Provisions
1) Awarded $9,997,774 by federal government in 2021 under American Rescue Plan Act (ARPA) 2) Since under $10M awarded, ARPA funds can be spent on broad expense categories and for revenue replacement lost during the pandemic . 3) Funds cannot be spent to build up reserves, accelerate pension payments over normal actuarially required annual amounts, pay down debt, or support a tax decrease. 4) All funds must be contractually obligated by December 31, 2024. Contractual obligations include expenses actually spent to date. 5) All funds must be fully spent by December 31, 2026. Any funds not obligated or spent by noted deadlines may need to be returned.
10.a
Packet Pg. 119
Attachment: ARPA Fund 221 Status 07-02-24 (Utilization of Remaining ARPA Funds)
City
Council
Report
TITLE: Council Committee Reports
RECOMMENDED ACTION
That the City Council report on activities from their committee assignments.
DISCUSSION
This is the section of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Subcommittees.
MAYOR LANDRY
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Education Subcommittee
Economic Development Subcommittee
West Valley Mayors and Managers
DCBA Liaison
Santa Clara County Housing and Community Development Advisory Committee Santa Clara Valley Water District County Water Commission Santa Clara County Library District JPA Board of Directors Cities Association of Santa Clara County - City Selection Committee
Friends of the Heritage Theater Liaison (Alt.)
West Valley Clean Water JPA (Alt.)
West Valley Solid Waste Authority JPA (Alt.)
VICE MAYOR LOPEZ
City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Economic Development Subcommittee
Finance Subcommittee
Legislative Subcommittee
Silicon Valley Clean Energy Audit Committee
Item: 11
Category: COUNCIL COMMITTEE
REPORTS
Meeting Date: July 2, 2024
11 Packet Pg. 120
Council Committee Reports Page 2 of 3
Bay Area Quality Management District Board of Directors** League of Cities Peninsula Division Executive Committee** Valley Transportation Authority Board of Directors**
West Valley Mayors and Managers (Alt.)
Cities Association of Santa Clara County:
Board Representative (Alt.)
Legislative Action Committee and City Selection Committee (Alt.) Silicon Valley Clean Energy JPA Board of Directors (Alt.) West Valley Sanitation District (Alt.)
COUNCILMEMBER BYBEE:
Finance Subcommittee
Legislative Subcommittee
Cities Association of Santa Clara County:
Board Representative
Legislative Action Committee
Silicon Valley Animal Control Authority Board (SVACA)
Silicon Valley Clean Energy JPA Board of Directors
Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) West Valley Sanitation District (Alt.)
COUNCILMEMBER FURTADO
Advisory Commissioner Appointment Interview Committee
West Valley Clean Water JPA
West Valley Sanitation District
West Valley Solid Waste Authority JPA
Association of Bay Area Governments (ABAG)
Silicon Valley Regional Interoperability Authority (SVRIA) Santa Clara County Emergency Operational Council (EOAC)**
Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.)
COUNCILMEMBER SCOZZOLA
Campbell Historical Museum & Ainsley House Foundation Liaison Friends of the Heritage Theater Liaison
Education Subcommittee
Silicon Valley Clean Energy JPA Board of Directors
Silicon Valley Clean Energy Finance and Legislative Committees Valley Transportation Authority Policy Advisory Board
11 Packet Pg. 121
Council Committee Reports Page 3 of 3
Santa Clara Valley Water District: County Water Commission (Alt.) DCBA Liaison (Alt.)
Santa Clara County Housing and Community Development Advisory Committee (Alt.) Santa Clara County Library District JPA Board of Directors (Alt.) Association of Bay Area Governments (Alt.)
**appointed by other agencies
Prepared by:
Kristen Epolite, Deputy City Clerk
11 Packet Pg. 122
To: Honorable Mayor and City Council Date: July 2, 2024 From: Andrea Sanders, City Clerk
Subject: Desk Item – Public Comments
Attached are citizen public comments related to items not on the July 2, 2024 City Council agenda and will be included as part of the public record.
C
ity of Campbell M
EMORANDUM
City Clerk’s Office
From: Miriam Buzi
To: Clerks Office
Subject: FOR PUBLIC COMMENT
Date: Tuesday, July 2, 2024 11:57:47 AM
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The tragedies happening in Gaza and Israel since Hamas’ atrocities on October 7 are horrifying for all of us. It’s incredibly painful for me as a Zionist and someone who knows Israel and has been to Gaza.
But, by now we know that City resolutions about the Israel-Hamas war, no matter how well intentioned have been followed by demands to divest from Israel, hateful Zionist and antisemitic rhetoric and even, in Berkeley and elsewhere, violence against Jews and Jewish owned businesses. I believe the people of Campbell asking you for a resolution are well-meaning, but if you pass such a resolution, you will be participating in a playbook put together by pro-terrorist groups to identify weak points nationally and collectively demonize Israel.
Hamas has a stated agenda to destroy Israel. There has been a Cease Fire proposal on the table for weeks and Hamas leaders have refused to accept it. They are the ones refusing a ceasefire. They are the ones continuing to sacrifice their population in the name of their goal of a second holocaust.
Israel withdrew from Gaza in its entirety in 2005, dismantling its settlements there.
Hamas took over in 2007. As of yesterday, rockets were still being launched from Gaza into Israel. Call for them to accept a ceasefire!
Hamas as you know is back by Iran, which does not just chant “Death to Israel” but “Death to America.” Take them at their word. Iran is aligned with Russia and China through weapons and oil revenue. Hamas, Hezbollah, the Houthis in Yemen firing at our ships are their proxies. With which side does Campbell wish to align itself?
You are being pressured to adopt a resolution that will likely vilify Israel.
Why adopt a resolution about Israel’s war against Hamas and not consider resolutions against the 28 Million starving in Sudan, or the kidnapping of 500 Christian school girls this year by Islamic Jihadists in Nigeria, or the persecution of the Rohinga Muslims in Myanmar? Why have you been silent about the Syrian civil war (ongoing since 2011), with over 230,000 civilian deaths and 14 million displaced persons?
Why is the Only Jewish State in the world, the sole target that City Councils are being asked to condemn?
All these international tragedies are horrific. But they are not what you were elected to deal with.
Follow the lead of other City Councils that after spending hours listening to hate- filled speeches about a conflict over which they have ZERO control, wisely voted to no longer consider resolutions regarding international events .
Please focus your efforts on the Council’s subject matter jurisdiction – including preventing antisemitic incidents. Let me feel safe in Campbell now as ever. That is what you were elected to do.
From: Gene Tenberg
To: Clerks Office
Subject: July 2nd City Council Meeting
Date: Tuesday, July 2, 2024 12:32:12 PM
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Hello,
I am a twenty year resident of Campbell and cannot make the July 2nd meeting.
Recently I was informed that members of the community may be demanding that city administrative staff focus time and efforts on declaring City of Campbell's support for a ceasefire in Gaza. As a city resident, I vehemently do not approve of any such promulgations on multiple fronts:
a. not all city residents view the situation in the same manner or are using the same information to come to their respective conclusions. In other words, opinions vary and it is inappropriate for the city to make any such promulgations on behalf of the entire city, city council and/or its staff.
b. matters of foreign policy are not in scope of city administration and should not be given time and attention by city council/staff. As a taxpayer, I pay for city council and staff to take care of matters that are relevant to city administration. Separately, I pay federal taxes that cover foreign policy administration and management.
Everyone needs to stay in their proper lanes to properly manage our complex world.
Thank you for your time
Gene Tenberg
From: David Snyder
To: Clerks Office
Subject: July 2nd City Council Meeting - Please Do Not Spend Time on Non-City Matters Date: Tuesday, July 2, 2024 2:59:19 PM
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City Council Members:
I understand there may be a proposal for the City Council to take some sort of action or make some sort of statement regarding events taking place in Israel and Gaza.
Please do not spend time on matters that do not directly concern the City of Campbell. In particular, as representatives of the citizens of Campbell, please do not spend time on an issue where beliefs and opinions may vary among the population and, therefore, for which I do not believe the Council is in a position to represent the interests of the community.
Of course, if the members of the Council wish to express their opinions in some public forum, they would seem to be free to do so as individuals.
Best Regards,
David Snyder