City of Campbell, 70 N. First St., Campbell, California

Transcription

1 City Council Agenda City of Campbell, 70 N. First St., Campbell, California A. Personnel CITY COUNCIL EXECUTIVE SESSION Tuesday, November 20, :00 p.m. Ralph Doetsch Conference Room - 70 N. First Street B. Litigation CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section ) Name of Case: Tehranian v. City of Campbell C. Real Property D. Labor Negotiations ****************** REGULAR MEETING OF THE CAMPBELL CITY COUNCIL Tuesday, November 20, :30 p.m. City Hall Council Chamber 70 N. First Street CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE SPECIAL PRESENTATIONS AND PROCLAMATIONS 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

2 1. Minutes of City Council Regular Meeting of November 5, 2018 Recommended Action: This action approves regular meeting minutes of November 5, Approving Bills & Claims Recommended Action: Approve the bills and claims in the amount of $1,784, Advertise Unscheduled Vacancy for the Rental Increase Fact Finding Committee Recommended Action: That the City Council direct the City Clerk to advertise the unscheduled vacancy for the Rental Increase Fact Finding Committee. 4. Approval of a Consultant Service Agreement for Environmental and Preliminary Engineering Services for the San Tomas Aquino Creek Trail Project: Reaches 1 and 2 (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt the attached resolution approving a consultant services agreement for environmental and preliminary engineering services for the San Tomas Aquino Creek Trail Project: Reaches 1 and Authorize Issuance of a Request for Qualifications for Labor Compliance Program Services and Authorize the Public Works Director to Execute a Contract with the Selected Labor Compliance Program Services Consultant (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt the attached resolution authorizing the issuance of a Request for Qualifications (RFQ) for Labor Compliance Program Services and authorize the Public Works Director to enter into a contract with the selected labor compliance services provider in a cumulative amount not to exceed $250, Resolution Amending Pay Ranges for Temporary Positions (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt the attached Resolution amending pay ranges for temporary positions. 7. Second Reading of Ordinance 2238 Amending Section of the Campbell Municipal Code Allowing for Dogs on Leash at All City Parks (Ordinance/Roll Call Vote) Recommended Action: That the City Council take second reading of Ordinance 2238 amending Section Control of Animals of the Campbell Municipal Code to allow for dogs on leash at all City parks. 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

3 consent at the meeting. 8. Public Hearing to Consider a Mills Act Application Request for the Property Located at 110 S. 2nd Street (Resolution / Roll Call Vote) Recommended Action: The Historic Preservation Board recommends that the City Council take the following action: (1) authorize the City Manager to enter into a Mills Act contract (PLN ) with the property owners of 110 S. 2 nd Street; and (2) provide direction to staff regarding scheduling a future public hearing to consider potentially expanding the maximum number of Mills Act Contracts in the City of Campbell s Mills Act program. OLD BUSINESS NEW BUSINESS 9. Public Hearing to Consider a Municipal Code Amendment to Chapter 2.24 (Planning Commission) Hereby Amending and Establishing Attendance and Training Requirements for the Planning Commission (Ordinance/Roll Call Vote) Recommended Action: Take a first reading of the attached Ordinance (Attachment 1), amending and establishing attendance and training requirements within the Campbell Municipal Code - Chapter for the Planning Commission. COUNCIL COMMITTEE REPORTS 10. Council Committee Reports Recommended Action: Report on committee assignments and general comments. ADJOURN 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) , at least one week in advance of the meeting.

4 1 CITY COUNCIL MINUTES City of Campbell, 70 N. First St., Campbell, California REGULAR MEETING OF THE CAMPBELL CITY COUNCIL Tuesday, November 5, :30 PM 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 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 Paul Resnikoff Mayor Present Rich Waterman Vice Mayor Present Elizabeth 'Liz' Gibbons Councilmember Present Susan M. Landry Councilmember Present Jeffrey Cristina Councilmember Present PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Aileen Lau. Mayor Resnikoff thanked her and presented her with a certificate of appreciation for leading the pledge. SPECIAL PRESENTATIONS AND PROCLAMATIONS 1. Phenomenal Women's Award Recommended Action: It is recommended that City Council recognize Aileen Lau for receiving the Phenomenal Women s Award. Minutes Acceptance: Minutes of Nov 5, :30 PM (CONSENT CALENDAR) Mayor Resnikoff thanked Aileen Lau for her services and presented her with a certificate of recognition. COMMUNICATIONS AND PETITIONS There were no communications and petitions. Packet Pg. 4

5 1 ORAL REQUESTS Stephan Rosner, Campbell resident, spoke about unintended use of the unreserved picnic areas at John D. Morgan Park. COUNCIL ANNOUNCEMENTS The Campbell Veterans Memorial Foundation is hosting its annual Veterans Day ceremony on Sunday, November 11 at 9:00 a.m., at City Hall on the Orchard City Green. For more information please visit The City of Campbell s Civic Improvement Commission is partnering with the American Foundation for Suicide Prevention to host a free workshop called Talk Saves Lives at 6:30 p.m. on Wednesday, November 14, at the Campbell Community Center. For more information about this workshop, please visit Australia s most favorite musical group, The Ten Tenors will perform at the Heritage Theatre on Friday, November 16. For ticket information, please visit Holidays at the Ainsley House. The Ainsley House will be open for public tours from November 15 through December 16. The Museum Foundation will host a holiday tea from November 28 through December 2 and from December 5 through 9. Reservations are required. Additionally, the Museum Foundation will offer a boutique for holiday shopping in the Carriage and Ainsley Houses. For more information about this and other upcoming events, please visit The Silicon Valley Leadership Group has challenged our Council to participate in the 14th annual Applied Materials Silicon Valley Turkey Trot on Thanksgiving morning, November 22. Let s reach the goal of $1 million for local charities and re-claim the Mayor s cup. For more information, please visit CONSENT CALENDAR Mayor Resnikoff asked if any Councilmember or anyone in the audience wished to remove an item from the Consent Calendar. Minutes Acceptance: Minutes of Nov 5, :30 PM (CONSENT CALENDAR) Councilmember Gibbons asked to pull item five. The Consent Calendar was considered as follows: 2. Minutes of City Council Regular Meeting of October 16, 2018 Recommended Action: This action approves regular meeting minutes of October 16, Minutes of November 5, 2018 City Council Meeting Page Packet 2 Pg. 5

6 1 This action approved the regular meeting minutes of October 16, Approving Bills and Claims Recommended Action: Approve the attach bills and claims in the amount of $2,833, This action approves the bills and claims in the amount of $2,833, as follows: payroll checks dated October 4, 2018 in the amount of $127,605.07; bills and claims checks dated October 8, 2018 in the amount of $1,952,803.61; bills and claims checks dated October 15, 2018 in the amount of $470,158.45; and bills and claims checks dated October 22, 2018 in the amount of $282, Monthly Investment Report- September, 2018 Recommended Action: That the attached Investment Report for September 2018 be noted and filed. This action is to note and file the Monthly Investment report for September Authorize Issuance of Request for Qualifications for Materials Testing Services and Authorize the Public Works Director to Execute a Contract with the Selected Materials Testing Consultant was moved to ITEMS PULLED FROM CONSENT M/S: Cristina/Gibbons that the City Council approve the consent calendar with the exception of item five. Motion was adopted by the following roll call vote: RESULT: ADOPTED [UNANIMOUS] MOVER: Cristina SECONDER: Gibbons AYES: Resnikoff, Waterman, Gibbons, Landry, Cristina ITEMS PULLED FROM CONSENT 5. Authorize Issuance of Request for Qualifications for Materials Testing Services and Authorize the Public Works Director to Execute a Contract with the Selected Materials Testing Consultant (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt the attached resolution authorizing the issuance of a Request for Qualifications (RFQ) for Materials Testing Services and authorize the Public Works Director to enter into a contract with the selected materials testing services provider in a cumulative amount not to exceed $250,000. Minutes Acceptance: Minutes of Nov 5, :30 PM (CONSENT CALENDAR) Councilmember Gibbons commented on the contracts allocation of funds. M/S: Gibbons/Cristina - that the City Council adopt Resolution authorizing the issuance of a Request for Qualifications (RFQ) for Materials Minutes of November 5, 2018 City Council Meeting Page Packet 3 Pg. 6

7 1 Testing Services and authorizing the Public Works Director to enter into a contract with the selected materials testing services provider in a cumulative amount not to exceed $250,000. Motion was adopted by the following roll call vote: RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Gibbons Cristina Resnikoff, Waterman, Gibbons, Landry, Cristina PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES 6. Authorization to Proceed with an Amendment to the General Plan to Change the Land Use Designation of Property Located at and W. Hamilton Avenue from General Commercial to Residential/ Commercial/ Professional Office to Allow a Future Proposal for a Mixed- Use Development. Recommended Action: Consider whether to initiate the requested General Plan Amendment. This is the time and place for a public hearing to consider an Amendment to the General Plan to change the Land Use Designation of Property Located at and W. Hamilton Avenue from General Commercial to Residential/ Commercial/ Professional Office to allow a future proposal for a Mixed-Use Development. Senior Planner Rose presented staff report dated November 5, Mayor Resnikoff opened the public hearing and asked if there was anyone who wished to speak. Kurt B. Anderson, Anderson Architects, Inc., spoke in support of the General Plan Amendment and the proposed project. Mark Robson, owner of Penny Lane development, spoke in support of the proposed project. There being no one else wishing to speak Mayor Resnikoff closed the public hearing. Minutes Acceptance: Minutes of Nov 5, :30 PM (CONSENT CALENDAR) Council discussed having a market analysis performed on the property. M/S: Landry/Gibbons - that the City Council request additional information from staff that a third-party market analysis to evaluate the viability of commercial use of the property be performed and that setbacks and BMR housing be reviewed. Council discussed the motion, M/S: Cristina/Waterman - motion to call the Minutes of November 5, 2018 City Council Meeting Page Packet 4 Pg. 7

8 1 question. Motion was adopted by the following roll call vote: RESULT: ADOPTED [4 TO 1] MOVER: Cristina SECONDER: Waterman AYES: Resnikoff, Waterman, Landry, Cristina NAYS: Gibbons The call to question was the original motion stating - that the City Council request additional information from staff for a third-party market analysis to evaluate the viability of commercial use of the property be performed and that setbacks and BMR housing be reviewed. Motion failed by the following roll call vote: RESULT: FAILED [2 TO 3] MOVER: Landry SECONDER: Gibbons AYES: Gibbons, Landry NAYS: Resnikoff, Waterman, Cristina M/S: Cristina/Waterman that the City Council approve the initiation of the General Plan Amendment and direct staff to require a market analysis simultaneously. Motion was adopted by the following roll call vote: RESULT: ADOPTED [3 TO 2] MOVER: Cristina SECONDER: Waterman AYES: Resnikoff, Waterman, Cristina NAYS: Gibbons, Landry 7. Introduction of an Ordinance to Allow Dogs on Leash at City Parks (Ordinance/Roll Call Vote) Recommended Action: That the City Council introduce and take first reading of an ordinance to authorize amend Section Control of Animals of the Campbell Municipal Code to allow for dogs on leash at all City parks. This is the time and place for a public hearing to consider an ordinance to authorize amend Section Control of Animals of the Campbell Municipal Code to allow for dogs on leash at all City parks. Minutes Acceptance: Minutes of Nov 5, :30 PM (CONSENT CALENDAR) Public Works Director Capurso presented staff report dated November 5, Mayor Resnikoff opened the public hearing and asked if there was anyone who wished to speak. Sandra Zaccheo, Campbell resident, spoke against dogs in parks and the Minutes of November 5, 2018 City Council Meeting Page Packet 5 Pg. 8

9 1 proposed Ordinance. Tim Miller, Campbell resident, spoke against dogs in parks and the proposed Ordinance. Gail Miller, Campbell resident, spoke against dogs in parks and the proposed Ordinance. Dina Cassidy, Campbell resident, spoke in favor of dogs in parks and the proposed Ordinance. Amanda Ochoa, Campbell resident, commented on Stojanovich park and spoke against the proposed Ordinance. Gwen Marzewski, spoke in favor of the proposed Ordinance. Campbell resident spoke in favor of the proposed Ordinance. Maria Sanchez, Campbell resident, spoke in favor of dogs in parks and the proposed Ordinance. Campbell resident commented on the benefits of having dogs in parks and spoke in favor of the proposed Ordinance. Campbell resident spoke in support of dogs in most parks except for smaller parks such as Virginia Park that is geared towards smaller children. Campbell resident spoke in support of the Ordinance and commented on allowing dogs on the athletic fields when not in use. Gisela Foster commented on enforcement of dogs off leash and stated support of the proposed Ordinance. There being no one else wishing to speak Mayor Resnikoff closed the public hearing. Council discussed swimming pools, athletic fields and setbacks to playgrounds related to the proposed Ordinance. Minutes Acceptance: Minutes of Nov 5, :30 PM (CONSENT CALENDAR) M/S: Cristina/Landry that the City Council authorize amending Section Control of Animals of the Campbell Municipal Code to allow for dogs on leash at all City parks. Councilmember Landry made a friendly amendment to include the removal water of a swimming pool from the second line of section (d), Councilmember Cristina accepted the friendly amendment. Minutes of November 5, 2018 City Council Meeting Page Packet 6 Pg. 9

10 1 After discussion, the motion with the friendly amendment was adopted by the following roll call vote: RESULT: ADOPTED [4 TO 1] MOVER: Cristina SECONDER: Landry AYES: Resnikoff, Waterman, Landry, Cristina NAYS: Gibbons Deputy City Clerk Sanders read the title of Ordinance M/S: Waterman/Landry that the City Council waive further reading of Ordinance Motion was adopted by the following roll call vote. RESULT: ADOPTED [4 TO 1] MOVER: Waterman SECONDER: Landry AYES: Resnikoff, Waterman, Landry, Cristina NAYS: Gibbons OLD BUSINESS There were no agendized items. NEW BUSINESS 8. Consider Waiving the Application Fees Required to Extend the Approval of a Sexually-Oriented Retail Establishment (D.B.A. Pleasures from the Heart) Located at 1565 S. Winchester Boulevard. Recommended Action: Staff recommends the City Council deny the request for a fee waiver. Associate Planner Rose presented staff report dated November 5, Crystal Mangiameli, Pleasures from the Heart business owner, spoke about the fee waiver and spoke about keeping her business in Campbell. Minutes Acceptance: Minutes of Nov 5, :30 PM (CONSENT CALENDAR) Arthur Low, Campbell business owner, spoke in support of the Pleasures from the Heart business. After discussion, M/S Cristina/Waterman - Approve the fee waiver and bring back to Council with alternative ways to allow the business to remain in Campbell permanently at their current location. Motion was adopted by the following roll call vote: Minutes of November 5, 2018 City Council Meeting Page Packet 7 Pg. 10

11 1 RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Cristina Waterman Resnikoff, Waterman, Gibbons, Landry, Cristina Council took a ten minute Recess. Council reconvened. 9. BMR Guidelines (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution approving the draft BMR Rental Application Guidelines, BMR Ownership Application Guidelines, and BMR Ownership Participation Guidelines; and provide direction to staff on potential updates to the preference criteria codified in the Inclusionary Ordinance. Senior Planner McCormick presented staff report dated November 5, Cara Laine, Campbell resident, spoke about the max asset limitations of the BMR program. Council asked about the Preference Criteria and the Asset Limits. Julius Nyanda, of Nyanda & Associates, HouseKeys Program Administrator provided clarification to Council s questions. After discussion, M/S: Gibbons/Landry That the City Council adopt Resolution approving the revised draft BMR Rental Application Guidelines, the BMR Ownership Application Guidelines and BMR Ownership Participation Guidelines with a modification to include the staff recommended no asset limit alternative and requesting staff to report back with informational updates every three to six months and to also include updates to the preference criteria codified in the inclusionary Ordinance. Motion was adopted by the following roll call vote: RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Gibbons Landry Resnikoff, Waterman, Gibbons, Landry, Cristina Minutes Acceptance: Minutes of Nov 5, :30 PM (CONSENT CALENDAR) COUNCIL COMMITTEE REPORTS 10. Council Committee Reports Recommended Action: Report on committee assignments and general comments. Minutes of November 5, 2018 City Council Meeting Page Packet 8 Pg. 11

12 1 ADJOURN Due to the late hour, Council decided to continue this item to the next meeting. Mayor Paul Resnikoff, adjourned the meeting at 11:26 p.m. APPROVED: ATTEST: Wendy Wood, City Clerk Paul Resnikoff, Mayor Minutes Acceptance: Minutes of Nov 5, :30 PM (CONSENT CALENDAR) Minutes of November 5, 2018 City Council Meeting Page Packet 9 Pg. 12

13 2 City Council Report Item: 2 Category: CONSENT CALENDAR Meeting Date: November 20, 2018 TITLE: Approving Bills & Claims RECOMMENDED ACTION Approve the bills and claims in the amount of $1,784, DISCUSSION The bills and claims have been audited and approved by staff for payments made as noted below: Type Check Date Amount Payroll October 18, 2018 $83, Bills & Claims October 29, 2018 $299, Bills & Claims November 05,2018 $1,402, Total $1,784, FISCAL IMPACT Adequate funding was available to cover all expenses as listed. Prepared by: Carolina Vargas, Accounting Clerk Reviewed by: Jesse Takahashi, Finance Director Packet Pg. 13

14 2 Bills & Claims Page 2 of 2 Approved by: Brian Loventhal, City Manager Packet Pg. 14

15 3 City Council Report Item: 3 Category: CONSENT CALENDAR Meeting Date: November 20, 2018 TITLE: Advertise Unscheduled Vacancy for the Rental Increase Fact Finding Committee RECOMMENDED ACTION That the City Council direct the City Clerk to advertise the unscheduled vacancy for the Rental Increase Fact Finding Committee. DISCUSSION Committee Member Zack Martin notified staff on November 6, 2018, that he no longer lives in the City limits. Policy states that any person serving on an advisory commission shall reside within the City limits (with the exception of the Building Board of Appeals and Landlord Representatives on the Rental Increase Fact Finding Committee). Staff recommends that the City Council direct the City Clerk to prepare the Notice of the Unscheduled Vacancy. Prepared by: Wendy Wood, City Clerk Approved by: Brian Loventhal, City Manager Packet Pg. 15

16 4 City Council Report Item: 4 Category: CONSENT CALENDAR Meeting Date: November 20, 2018 TITLE: Approval of a Consultant Service Agreement for Environmental and Preliminary Engineering Services for the San Tomas Aquino Creek Trail Project: Reaches 1 and 2 (Resolution/Roll Call Vote) RECOMMENDED ACTION That the City Council adopt the attached resolution approving a consultant services agreement for environmental and preliminary engineering services for the San Tomas Aquino Creek Trail Project: Reaches 1 and 2. BACKGROUND On November 18, 2014, the City Council adopted Resolution approving the issuance of a request for proposals (RFP) for the completion of the San Tomas Aquino Creek Trail Feasibility Study. After conducting the RFP process, the consulting team led by Callander & Associates (Callander) was awarded the contract. On August 21, 2018, the City Council adopted Resolution approving the trail alignment along the top of bank of San Tomas Aquino Creek between Westmont Avenue and San Tomas Aquino Road (bend) as proposed by the Feasibility Study (Reaches 1 and 2). Additionally, the Council directed staff to begin environmental and preliminary engineering for the San Tomas Aquino Creek Trail between Westmont Avenue and San Tomas Aquino Road for the approved alignment. DISCUSSION In November 2014, staff began to implement the Council direction as per Resolution by issuing the RFP to solicit consultant services for the Feasibility Study for the San Tomas Aquino Creek Trail. The RFP stated that following the approval of the Feasibility Study, the additional scope of work for preliminary and final design and the associated fee will be negotiated, and at that time an amendment to the consultant services agreement would be processed. In response to the RFP, Callander submitted a proposal in partnership with the civil engineering firm CH2M Hill (now Jacobs Engineering Group, Inc.). Callander s approach was to name itself as the lead consultant through the Feasibility Study with Jacobs Engineering Group in a support role. However, the roles would reverse once the Feasibility Study is completed and the project enters into the design phase. Packet Pg. 16

17 4 Approval of Consultant Agreement San Tomas Aquino Creek Trail Page 2 of 3 Following Council authorization to begin the design phase in August 2018, staff began negotiating with the Jacobs Engineering Group to initiate the environmental and preliminary engineering work. The scope of work includes project management, preparation of environmental documentation for CEQA clearance, and preliminary engineering for the trail and pedestrian bridge alignment, including topographic land surveying, geotechnical engineering, and other associated tasks. Also included in the work scope is property boundary research along the trail alignment to determine jurisdictional boundaries. The proposed cost to complete these tasks is $348,400. As previously presented to the City Council, the estimate to complete the environmental and preliminary engineering work for Reaches 1 and 2 (not including the pedestrian bridge) was approximately $250,000. The increase of approximately $100,000 is due to expanding the scope to include preliminary alignment and engineering work for the pedestrian bridge and extra land surveying work associated with the property boundary research work. The outcome is to complete the environmental and preliminary engineering work to bring the San Tomas Aquino Creek Trail Project to a state of readiness, to be competitive for grant funding for final design and construction. Staff is recommending the approval of a new consultant services agreement rather than an amendment to the existing agreement with Callander. As mentioned above, the project lead is now being transferred from Callander to Jacobs Engineering Group Inc. for this phase of the project. As such, the City would enter into a consultant services agreement with Jacobs Engineering Group Inc. in the amount of $348,400. In addition, staff is seeking authorization to issue the purchase order for the proposed agreement amount plus a 10% contingency for a total of $383,000. The contingency amount is to address unforeseen issues related to the environmental and preliminary engineering efforts. FISCAL IMPACT The adopted budget for the San Tomas Aquino Creek Trail Project is sufficient to support the work scope described by the consultant services agreement. The Source of Funds is as follows: Park Dedication Funds $120,000 City of San Jose Contribution $100,000 Transportation Development Act (TDA) Grant $432,019 TOTAL $652,019 The Use of Funds is as follows: Feasibility Study Phase (completed) $ 66,850 Environmental & Preliminary Engineering by Jacobs $383,000 Project Management by Staff $202,169 TOTAL $652,019 Packet Pg. 17

18 4 Approval of Consultant Agreement San Tomas Aquino Creek Trail Page 3 of 3 ALTERNATIVES Do not approve the consultant services agreement. Prepared by: Fred Ho, Senior Civil Engineer Reviewed by: Todd Capurso, Director of Public Works Approved by: Brian Loventhal, City Manager Attachment: 1. Attachment 1 - Resolution Packet Pg. 18

19 4.a RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A CONSULTANT AGREEMENT FOR ENVIRONMENTAL AND PRELIMINARY ENGINEERING SERVICES FOR THE SAN TOMAS AQUINO CREEK TRAIL PROJECT: REACHES 1 AND 2 WHEREAS, the City Council adopted Resolution approving the issuance of a request for proposals (RFP) for the completion of San Tomas Aquino Creek Trail Feasibility Study; and WHEREAS, after conducting the RFP process, Callander & Associates was awarded the contract for the Feasibility Study; and WHEREAS, in response to the RFP, the approach by Callander & Associates was to name itself as the lead consultant through the Feasibility Study with Jacobs Engineering Group in a support role. However, the roles would reverse once the Feasibility Study is completed and the project enters into the design phase; and WHEREAS, in August 2018, following Council authorization to begin the design phase, staff began negotiating with the Jacobs Engineering Group to initiate the environmental and preliminary engineering work; and WHEREAS, the scope includes project management, preparation of environmental documentation for CEQA clearance, and preliminary engineering for the trail and pedestrian bridge alignment including topographic land surveying, geotechnical engineering, and other associated tasks. Also included in the work scope is property boundary research along the trail alignment to determine jurisdictional boundaries. WHEREAS, the consultant services agreement will be awarded to Jacobs Engineering Group, Inc. (previously CH2M Hill); and WHEREAS, the adopted budget for the San Tomas Aquino Creek Trail Project is sufficient to support the work scope described by the consultant services agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby approves a consultant services agreement for environmental and preliminary engineering services for the San Tomas Aquino Creek Trail Project: Reaches 1 & 2. PASSED AND ADOPTED this 20 th day of November, 2018, by the following roll call vote: ATTEST: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: APPROVED: Paul Resnikoff, Mayor Attachment: Attachment 1 - Resolution (1310 : Approval of Consultant Agreement San Tomas Aquino Creek Trail) Wendy Wood, City Clerk Packet Pg. 19

20 5 City Council Report Item: 5 Category: CONSENT CALENDAR Meeting Date: November 20, 2018 TITLE: Authorize Issuance of a Request for Qualifications for Labor Compliance Program Services and Authorize the Public Works Director to Execute a Contract with the Selected Labor Compliance Program Services Consultant (Resolution/Roll Call Vote) RECOMMENDED ACTION That the City Council adopt the attached resolution authorizing the issuance of a Request for Qualifications (RFQ) for Labor Compliance Program Services and authorize the Public Works Director to enter into a contract with the selected labor compliance services provider in a cumulative amount not to exceed $250,000. BACKGROUND The Engineering Division has the need to perform labor compliance services in conjunction with the construction of Public Works projects. The scope and cost of the labor compliance services required varies from project to project, but is typically included as part of each project s construction engineering budget. Staff, supplemented by consultants, has routinely performed labor compliance monitoring and enforcement for all City public works projects to ensure contractor conformance to California Labor Code section (b). However, projects with federal grant funds require more rigorous labor compliance enforcement. The City does not have the resources to perform these labor compliance services in-house and therefore, must rely on qualified consultants to provide the necessary labor compliance services. Similar types of services were used for the Hacienda Avenue Green Street Improvement Project in Because the Hacienda Avenue Green Street Improvement Project was partially funded by State Proposition 84, it was mandated to create a Labor Compliance Program. The intent of the Labor Compliance Program was to monitor and enforce prevailing wage laws for this public works project, in conformance with California Department of Industrial Relations requirements. DISCUSSION The adopted FY CIP includes funding for two street improvement projects (Harriet Avenue Traffic Calming and Eden Avenue Sidewalk Improvements) and one pavement rehabilitation project (Annual Street Maintenance Winchester Boulevard) which will be eligible for federal grant reimbursement. These projects will require labor Packet Pg. 20

21 5 Issue RFQ for Labor Compliance Program Services Page 2 of 3 compliance program services that are solicited and procured under federal procurement guidelines and that must comply with the most current federal reimbursement guidelines. The City may pursue future grant funding opportunities for additional projects which will also need labor compliance program services procured under federal requirements. Additionally, the City will be able to utilize the services of the labor compliance consultant to provide labor compliance services for other City-funded projects. Over the years, the responsibilities pertaining to labor compliance have become more extensive, and involve continuous City monitoring and enforcement of state prevailing wage laws on all City Public Works contracts. For example, the City s labor compliance efforts require the City to monitor a contractor s compliance to labor laws by obtaining and reviewing certified payroll records; to periodically verify worker information in the field; to investigate complaints and suspected labor violations; and to take enforcement action when violations are found. In order to fill the need for qualified labor compliance program services, and to ensure compliance for eligible federal grant reimbursable projects, staff is requesting that the City Council consider authorizing the issuance of a Request for Qualifications for Labor Compliance Program Services and authorize the Public Works Director to enter into a contract with the selected labor compliance provider in a cumulative amount not to exceed $250,000 over a three year term with the option to extend the contract an additional two years. This contract extension is in compliance with federal requirements. FISCAL IMPACT Services to be provided by the selected provider under this agreement will be performed under individual purchase orders, funded by the associated projects. ALTERNATIVES Do not authorize the issuance of the RFQ and subsequently do not submit labor compliance costs for grant reimbursement. Prepared by: Steven Pagan, Project Engineer Reviewed by: Packet Pg. 21

22 5 Issue RFQ for Labor Compliance Program Services Page 3 of 3 Todd Capurso, Director of Public Works Approved by: Brian Loventhal, City Manager Attachment: 1. Resolution Packet Pg. 22

23 5.a RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS FOR LABOR COMPLIANCE PROGRAM SERVICES AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE A CONTRACT WITH THE SELECTED LABOR COMPLIANCE PROGRAM SERVICES CONSULTANT WHEREAS, the Public Works Department is in need of labor compliance services; and WHEREAS, the City does not have the expertise or resources to perform these labor compliance services in-house; and WHEREAS, the RFQ will enable Public Works staff to select the most qualified labor compliance consultant to provide professional and high quality labor compliance services; and WHEREAS, qualified labor compliance program services are needed in order to ensure compliance for eligible federal grant reimbursable projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby authorizes the Public Works Department to issue an RFQ for Labor Compliance Program Services and also authorizes the Public Works Director to execute the agreement with the selected consultant for a cumulative amount not to exceed $250,000 over a three year term with the option to extend the contract an additional two years. PASSED AND ADOPTED this 20 th day of November 2018, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Councilmembers: Councilmembers: Councilmembers: APPROVED: Paul Resnikoff, Mayor Attachment: Resolution (1311 : Issue RFQ for Labor Compliance Program Services) Wendy Wood, City Clerk Packet Pg. 23

24 6 City Council Report Item: 6 Category: CONSENT CALENDAR Meeting Date: November 20, 2018 TITLE: Resolution Amending Pay Ranges for Temporary Positions (Resolution/Roll Call Vote) RECOMMENDED ACTION That the City Council adopt the attached Resolution amending pay ranges for temporary positions. DISCUSSION Pay ranges for temporary positions are typically amended annually each July. Due to the California minimum wage adjustment in January 2019, staff is bringing forward a proposed range to Council now to reflect the minimum wage impacts occurring in January The proposed adjustments reflected in the attached document also include minor Costof-Living Adjustments to some of the temporary positions that were found to be below the market level and require adjustments. These temporary salary range changes do not translate to increased costs for current temporary employees. They merely provide authorization to compensate temporary positions within ranges that staff believes are reasonable for the individual positions listed. Other Bay Area Cities that have comparable temporary positions were surveyed and the proposed adjustments are based on this survey along with the recommendations of the Department Heads. The listing of all temporary positions with current and proposed ranges is shown in Attachement A. The adoption of changes to this schedule is not intended to be utilized for adjusting salaries currently being paid to all temporary employees, but to reflect current practice and market conditions to serve as a guideline for wage rates. FISCAL IMPACT Packet Pg. 24

25 6 Amending Temp Pay Ranges Page 2 of 2 Any increased costs projected for individual temporary employees were included in temporary employee expenditure accounts in the various programs. Prepared by: Jill Lopez, HR Manager Approved by: Brian Loventhal, City Manager Attachment: 1. Reso -TempPayRangeAdjustment 2. Exhibit A 2019 Temp Pay Ranges Packet Pg. 25

26 RESOLUTION NO. 6.a RESOLUTION AMENDING PAY RANGES FOR FULL AND PART-TIME TEMPORARY POSITIONS WHEREAS, Section of the Campbell Municipal Code requires that salaries and wages of all employees of the City be fixed by ordinance or resolution; and WHEREAS, the City of Campbell does utilize temporary employees in a number of departments where their compensation is an hourly pay rate; and WHEREAS, a review of the pay ranges previously established by resolution indicates a need for updating. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell does hereby approve the pay range schedule as outlined in the attached Exhibit A. PASSED AND ADOPTED this day of, 2018 by the following roll call vote: ATTEST: AYES: NOES: ABSENT: Wendy Wood, City Clerk Councilmembers: Councilmembers: Councilmembers: APPROVED: Paul Resnikoff, Mayor Attachment: Reso -TempPayRangeAdjustment (1309 : Amending Temp Pay Ranges) Packet Pg. 26

27 6.b JAN 2019 PROPOSED PAY RANGES FOR TEMPORARY POSITIONS Position Title Current 2018 Salary Range Proposed 2019 Salary Range Accounting Assistant $ $ $ $ Aerobics Instructor $ $ $ $ Aquatics/Fitness Specialist/Pool Manager $ $ $ $ Assistant Swim Team Coach $ $ $ $ Building Attendant $ $ $ $ Building Inspector $ $ $ $ CAD Operator $ $ $ $ Clerical-Admin Support, Records Clerk, others $ $ $ $ Crossing Guard $ $ $ $ Engineering Assistant $ $ $ $ Engineering Intern $ $ $ $ Engineering Technician $ $ $ $ Field Attendant $ $ $ $ Graphics Technician $ $ $ $ Instructor/Lifeguard $ $ $ $ Intern $ $ $ $ IT Technician $ $ $ $ Lifeguard/Lap Swim Program Attendant $ $ $ $ Maintenance Worker (All) $ $ $ $ Mechanic Assistant $ $ $ $ Mechanic Journeyman $ $ $ $ Museum Aide $ $ $ $ Attachment: Exhibit A 2019 Temp Pay Ranges (1309 : Amending Temp Pay Ranges) Planner $ $ $ $ Pre-School Instructor/Teacher $ $ $ $ Pre-School Teacher's Aide $ $ $ $ Packet Pg. 27

28 6.b JAN 2019 PROPOSED PAY RANGES FOR TEMPORARY POSITIONS Position Title Current Proposed 2018 Salary Range 2019 Salary Range Project Engineer $ $ $ $ Project Manager $ $ $ $ Public Safety Assistant $ $ $ $ Public Safety Dispatcher $ $ $ $ Public Works Inspector $ $ $ $ Recreation Leader I $ $ $ $ Recreation Leader II $ $ $ $ Recreation Leader III $ $ $ $ Recreation Specialist $ $ $ $ Relief Food Server/Senior Nutrition Program $ $ $ $ Relief Site Manager/Senior Nutrition Program $ $ $ $ Senior Accounting Specialist $ - $ - $ $ Senior Instructor/Lifeguard $ $ $ $ Senior Recreation Specialist $ $ $ $ Signal & Lighting Technician and Assistant $ $ $ $ Skate Park Attendant $ $ $ $ Special Interest Class Instructor $ $ $ $ Sports Official $ $ $ $ Sports Attendant/Scorekeeper $ $ $ $ Swim Team Coach $ $ $ $ Attachment: Exhibit A 2019 Temp Pay Ranges (1309 : Amending Temp Pay Ranges) Traffic Engineering Assistant, Traffic Assistant $ $ $ $ Work Crew Supervisor $ $ $ $ Packet Pg. 28

29 7 City Council Report Item: 7 Category: CONSENT CALENDAR Meeting Date: November 20, 2018 TITLE: Second Reading of Ordinance 2238 Amending Section of the Campbell Municipal Code Allowing for Dogs on Leash at All City Parks (Ordinance/Roll Call Vote) RECOMMENDED ACTION That the City Council take second reading of Ordinance 2238 amending Section Control of Animals of the Campbell Municipal Code to allow for dogs on leash at all City parks. BACKGROUND At its regular meeting of November 5, 2018, the City Council held a public hearing to introduce and take first reading of Ordinance At that meeting Council directed to staff to remove water of a swimming pool from the second line of Section (d) of the Ordinance. First reading of Ordinance 2238 was adopted by 4-1 vote (Councilmember Gibbons voted no.) Ordinance 2238 will become effective 30 days following the approval of the second reading. FISCAL IMPACT To implement the proposed changes, some operational updates would be required. The City will incur costs to update, fabricate, and install park regulation signage and to install dog waste dispensers at City parks. It is expected that these costs can be absorbed into current fiscal year Public Works operating budget. Prepared by: Andrea Sanders, Deputy City Clerk Packet Pg. 29

30 7 Second Reading of Ordinance 2238 Page 2 of 2 Approved by: Brian Loventhal, City Manager Attachment: 1. Ordinance 2238 Packet Pg. 30

31 7.a ORDINANCE NO BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER OF THE CAMPBELL MUNICIPAL CODE The City Council of the City of Campbell does ordain as follows: SECTION ONE: Section of the Campbell Municipal Code is hereby amended to read as follows: Control of animals. The bringing of animals into any city park is prohibited, except that dogs are permitted under the following conditions: (a) the dog owner/guardian or person with a right to control a dog keeps direct physical restraint by means of a leash not to exceed six feet in length; (b) a person shall remove waste left by an animal under the person s care and control and shall dispose of the waste only in an appropriate waste receptacle; (c) a person who brings a dog into a park may not permit the animal to remain unattended or create a disturbance or hazard; (d) a person may not permit a dog under the person s control to be in the following recreational areas: designated swim areas, designated water play areas; skate park; hardcourts; playgrounds or play structures for children; (e) a person may not bring any animal to the City s Community Garden; (f) a person may not bring any animal to City special events; (g) this section is not applicable to service animals while such animals are performing their services for which they were trained to the extent that deviation from this section is necessary for the animal to perform its services. SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published once within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. Attachment: Ordinance 2238 (1312 : Second Reading of Ordinance 2238) ADOPTED this day of, 2018 by the following roll call vote: AYES: NOES: ABSENT: Councilmembers Councilmembers: Councilmembers: Packet Pg. 31

32 7.a APPROVED: Paul Resnikoff, Mayor ATTEST: Wendy Wood, City Clerk Attachment: Ordinance 2238 (1312 : Second Reading of Ordinance 2238) Packet Pg. 32

33 8 City Council Report Item: 8 Category: PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES Meeting Date: November 20, 2018 TITLE: Public Hearing to Consider a Mills Act Application Request for the Property Located at 110 S. Second Street (Resolution / Roll Call Vote) RECOMMENDED ACTION The Historic Preservation Board recommends that the City Council take the following action: (1) authorize the City Manager to enter into a Mills Act contract (PLN ) with the property owners of 110 S. 2 nd Street; and (2) provide direction to staff regarding scheduling a future public hearing to consider potentially expanding the maximum number of Mills Act Contracts in the City of Campbell s Mills Act program. ENVIRONMENTAL DETERMINATION The proposed designation as a Mills Act property is Categorically Exempt under Section 15331, Class 31 of the California Environment Quality Act (CEQA), pertaining to projects involving the maintenance, rehabilitation, restoration, preservation, or reconstruction of historical resources. BACKGROUND The Mills Act Incentive Program assists property owners of locally-designated historic residential structures to benefit from tax savings in exchange for reinvestment towards the structures preservation. Pursuant to City Council Resolution (Attachment 2), no more than ten (10) residential properties may enter into a Mills Act contract with the City unless a new Resolution expanding the number of potential Mills Act Contracts is passed by the City Council. Since 2011, the City has entered into seven (7) contracts, allowing up to three (3) additional contracts under the current program. The subject application represents the eighth (8 th ) Mills Act application being recommended for approval. A ninth (9 th ) Mills Act application is scheduled for review by the Historic Board in December of this year 1. Additional information on the history of the Mills Act Program is included in the HPB Staff Report (Attachment 3). DISCUSSION 1 The 9 th application was reviewed by the HPB in October but was continued to allow the applicant to provide additional information to the HPB regarding the proposed improvements. Packet Pg. 33

34 8 Mills Act Application Request for 110 S. Second Street Page 2 of 4 Proposal: The property owner has applied for a Mills Act Contract for the subject property (PLN ). The two-story semi-bungalow style residence was built circa 1902 to 1913 for Mr. Barrow who was in the cannery business. The home was later owned by Mr. Hulsman who was in the trucking business, hauling fruit for Hyde Cannery (Attachment 4). The application includes photos (Attachment 5) and a 10 year Maintenance Plan and Schedule for the Historic Property (Attachment 6). Additional information on the maintenance plan is included in the attached HPB Report. HPB Review: On October 24, 2018, the Historic Preservation Board (HPB) reviewed the application and unanimously recommended approval of the Mills Act contract, finding that the cost of the proposed improvements will exceed the estimated tax savings and that the improvements will reduce the threat of deterioration, resulting in a benefit to the public by preserving the home rather than demolishing it. Potential Mills Act Program Changes: In December 2018, the Historic Preservation Board (HPB) will be reviewing the Mills Act Program for potential improvements. In particular, the HPB will be reviewing the Application Form (Attachment 7) to ensure that the City is requesting adequate information to make an informed decision (e.g., contractor bids). The HPB will also review the types of improvements that can be counted towards the requirement that 100% of the estimated tax savings be used to improve and maintain the historic resource. The HPB will also be reviewing requirements for annual reporting and inspections to ensure that the projects being proposed by applicants are actually being implemented. Staff will return to the City Council with any potential changes to the Mills Act Program, as needed. Mills Act Program Contract Limitations: Staff is also asking for direction from the City Council on whether or not to schedule a future City Council meeting to consider increasing the maximum number of Mills Act Contracts from its current limit of 10 contracts. If the proposed application is approved, the City will have two (2) remaining Mills Act contracts available. If the other Mills Act application being reviewed by the HPB is approved by the Council, the City will have one (1) remaining contract. To help the Council understand the potential fiscal impact of increasing the number of Mills Act Contracts, staff has prepared an estimate of the tax difference between the pre-mills Act tax valuation and the post-mills Act tax valuation for six (6) existing Mills Act Contracts (Attachment 8). The current application(s) and the seventh Mills Act Contract (approved in September 2018) will not go into effect until 2019 and therefore are not included in this analysis. PUBLIC OUTREACH A 300-foot notice has been sent to each property owner within a 300-foot radius of this property. Additionally, a notice in the Campbell Express was placed in the newspaper at least 10 days prior to this hearing. Packet Pg. 34

35 8 Mills Act Application Request for 110 S. Second Street Page 3 of 4 FISCAL IMPACT The estimated pre-mills Act valuation for the subject property is $2,000,000 based on the sales price 2. Staff estimates that the post-mills Act valuation will be approximately $660,000, based on the pre- and post-mills Act valuations for six of the City s existing Mills Act contracts. Using this figure, it is further estimated that the tax loss to Campbell 3 will be approximately $1,400 for the first year, assuming that the City receives approximately 10.5% of the tax paid to the County. While this is not a precise method to determine the fiscal impact, it does provide some level of benchmark. The tax reduction amount will change each year and would remain in effect until such time that either the City or the owner exercises their right to cancel the renewal, in which case the contract would expire 10 years after the date of nonrenewal. NEXT STEPS If this Mills Act application is approved by the City Council, staff will prepare the Mills Act Contract for review and approval by the City Manager. The owner will be required to sign the contract and record it at the Santa Clara County Recorder s Office. Following recordation, City staff will mail a copy of the recorded contract to the Santa Clara County Office of the Assessor. Within six months of Mills Act contract recordation, the property owner is required to provide written notice to the State Office of Historic Preservation. The notification must state that the property owner has entered into a Mills Act contract with the City of Campbell. A copy of the notice must also be mailed to the City of Campbell City Clerk. Each year the owner will be required to submit proof to the County that they are abiding by the contract, including submitting invoices for the proposed work. As discussed above, the Historic Preservation Board will be reviewing the City s Mills Act program to determine if changes are needed to strengthen the program and ensure that applications that come before the HPB and the Council are of benefit to Campbell. ALTERNATIVES 1. Do not authorize the City Manager to enter into a Mills Act contract with the property owners of 110 S. 2 nd Street. 2. Return the request back to the Historic Preservation Board to respond to specific questions prior to rendering a decision. 3. Continue the matter to allow staff time to respond to specific questions. Prepared by: 2 The Assessors page does not include the current valuation since the home was purchased in Aug This estimate does not consider the loss of taxes to the County, the school district, etc. Packet Pg. 35

36 8 Mills Act Application Request for 110 S. Second Street Page 4 of 4 Cindy McCormick, Senior Planner Reviewed by: Paul Kermoyan, Community Development Director Approved by: Brian Loventhal, City Manager Attachment: 1. CC Resolution ~ PLN ~ Mills Act Application Review~110 S. 2nd 2. City Council Resolution HPB Resolution, Staff Report, and supporting documents 4. DPR form for 110 S. 2nd Street 5. Photos 110 S, 2nd Street 6. Mills Act Application for 110 S. 2nd Street 7. Mills Act Application Form 8. Tax savings comparison for the City s six Mills Act Contracts Packet Pg. 36

37 8.a RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A MILLS ACT HISTORIC PRESERVATION CONTRACT FOR 110 S. 2 ND STREET AND DIRECTING THE CITY MANAGER TO EXECUTE SAID CONTRACT WITH THE PROPERTY OWNERS WHEREAS, on October 4, 2011 the City Council of the City of Campbell adopted Resolution establishing the Mills Act Historic Property Incentive Pilot Program for historic residential properties; and WHEREAS, approval of a Mills Act Historic Preservation Contract is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31, pertaining to projects involving the maintenance, rehabilitation, restoration, preservation, or reconstruction of historical resources, provided that the activity meets published federal standards for the treatment of historic properties. These federal standards describe means of preserving, rehabilitating, restoring, and reconstructing historic buildings without adversely affecting their historic significance; and WHEREAS, there is no evidence that this contract would result in any significant negative environmental impact; and WHEREAS, California Government Code, Section et seq., and California Revenue and Taxation Code, Section 439 et seq., authorize the City of Campbell to enter into contract with owner(s) of qualified historical property; defined as property that is (a) located entirely within the City of Campbell; (b) is privately owned; (c) is taxed as residential property; and (d) is individually listed on the City of Campbell s adopted Historic Resource Inventory List, to restrict the use of the property in a manner which the City deems reasonable to carry out the purposes of the relevant state regulations; and WHEREAS, the Mills Act program allows private property owners of qualified historic property to receive property tax relief in exchange for agreeing to preserve, rehabilitate, and maintain their historic properties for a specific period; and WHEREAS, on October 24, 2018 the City of Campbell Historic Preservation Board unanimously supported a Mills Act Historic Preservation Contract for 110 S. 2 nd Street. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby approves a Mills Act Historic Preservation Contract for 110 S. 2 nd Street and directs the City Manager to execute said contract with the property owners. PASSED AND ADOPTED, this 20th day of November, 2018 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ATTEST: Wendy Clerk, City Clerk APPROVED: Paul Resnikoff, Mayor Attachment: CC Resolution ~ PLN ~ Mills Act Application Review~110 S. 2nd (1306 : Mills Act Application Request for 110 S. Second Packet Pg. 37

38 8.b RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL EXTENDING THE MILLS ACT HISTORIC PROPERTY INCENTIVE PROGRAM CITYWIDE FOR HISTORIC RESIDENTIAL PROPERTIES WHEREAS, the extension of the Mills Act Historic Property Tax Incentive Pilot Program to that of a permanent Program is exempt from the California Environmental Quality Act (CEQA) per Section 15061(b) (3) whereby CEQA applies only to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to further CEQA review and WHEREAS, on October the City Council of the City of Campbell established the Mills Act Historic Property Tax Incentive Pilot Program by adopting Resolution No and Resolution No approving a modification to the adopted City of Campbell Fee Schedule to establish a Mills Act Contract application fee; and WHEREAS, California Government Code, Section et seq. and California Revenue and Taxation Code, Section 439 et seq. authorize the City of Campbell to enter into contract with owner(s) of qualified historical property defined as property that is (a) located entirely within the City of Campbell; (b) is privately owned; (c) is taxed as residential property and (e) is individually listed on the City of Campbell's adopted Historic Resource Inventory List, to restrict the use of the property in a manner which the City deems reasonable to carry out the purposes of the relevant state regulations, and WHEREAS, historic preservation is a comprehensive approach to land use, which serves to promote community identity and enhance the quality of life for citizens. Historic preservation in the City of Campbell involves the identification, protection and preservation of historic sites and structures in the City Such historic sites and properties contribute to the character of a neighborhood and help us follow the evolution of the City and WHEREAS, Campbell's older neighborhoods are rich in history and architectural styles. By protecting historic buildings, the City encourages the cultural enrichment, economic prosperity and visual scenery of Campbell, which benefits its residents by creating a sense of place in an urban landscape; and WHEREAS, historic properties are 'non-renewable resources. Preservation and rehabilitation saves resources, utilizes the local labor pool, and promotes heritage tourism; and Attachment: City Council Resolution (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 38

39 8.b WHEREAS, the Historic Preservation Ordinance grants authority to the City Council to establish a Resolution to extend the Mills Act Historic Property Tax Incentive Program, and WHEREAS, in 2001 for the purpose of furthering the objective of supporting historic preservation within the City the City of Campbell became a certified Local Government (CLG); and WHEREAS, the City of Campbell is dedicated to providing economic and other incentives to assist owners of historic property with the preservation, rehabilitation, restoration, and/or reconstruction of historic resources, and WHEREAS, the Mills Act is state sponsored legislation that grants local governments the authority to participate in a locally based preservation incentive program and WHEREAS, the Mills Act program allows private property owners of qualified historic property to receive property tax relief in exchange for agreeing to preserve, rehabilitate, and maintain their historic properties for a specific period NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell as follows. Section 1 There shall be established in the City of Campbell a Mills Act Historic Property Tax Incentive Program. a. The City of Campbell Mills Act Historic Property Tax Incentive Program shall be limited as follows: 1 No more than ten (10) residential properties may enter into contract and record with the City unless a new Resolution expanding the number of eligible properties is passed by the City Council. Three (3) properties have already been approved but only two (2) have been recorded. 2. Within the first year of the Mills Act Program extension two (2) of the remaining seven (7) contracts shall be open to application solely from new residential additions to the Historic Resource Inventory List. After the first year application for any remaining bontracts will be open to any residence on the adopted Historic Resource Inventory List. Attachment: City Council Resolution (1306 : Mills Act Application Request for 110 S. Second Street) Page 2 Packet Pg. 39

40 8.b 3 Properties under application for a Mills Act Historic Property Contracts shall be evaluated by the Historic Preservation Board against the review criteria set forth in Campbell Municipal Code Section (B)(1) Applications will be ranked by level of conformance to the review criteria and a recommendation for Mills Act Historic Property Contracts will be forwarded to the City Council for a decision. A property may be selected that does not qualify for each of the criteria set forth, but is an exceptional example of a property meeting a specific criteria category 4 Any property owner under contract will be required to install a plaque as determined by the City of Campbell, similar to the previously installed Historic Landmark plaques acknowledging the historic nature of the property and the use of the Mills Act as a historic preservation tool. Section 2. A qualified historic property for the purposes of the City of Campbell Mills Act Historic Property Tax Incentive Program is defined as residential property that is (a) located entirely within the City of Campbell; (b) is privately owned; (c) is not exempt from property taxation; (d) is taxed as residential property and (e) is individually listed on the City of Campbell Historic Resource Inventory (HRI) list. Section 3 The City Manager or authorized designee is appointed as the agent of the City of Campbell to execute each Mills Act Historic Preservation Contract following approval and adoption of the Resolution of the City Council of the City of Campbell approving a Mills Act Historic Preservation Contract. Section 4 Prior to Council action on the Resolution of the Council of the City of Campbell approving a Mills A~t Historic Property Contract, the Historic Preservation Board shall review the application for a Mills Act Historic Preservation Contract and provide their recommendation(s) to the City Council. Section 5 It is the expectation of the City Council that the property owner will use the Mills Act property tax savings to finance the preservation, maintenance and improvements of the qualified historic property as specified in the recorded Mills Act Contract. PASSED AND ADOPTED this 3rd day of February 2015 by the following roll call vote. Attachment: City Council Resolution (1306 : Mills Act Application Request for 110 S. Second Street) Page 3 Packet Pg. 40

41 8.b AYES Councilmembers Kotowski Resnikoff Gibbons Baker Cristiila NOES Councilmembers None ABSTAIN: ABSENT Councilmembers Councilmembers ATIESTa~ A ~ybee, City Clerk None None Attachment: City Council Resolution (1306 : Mills Act Application Request for 110 S. Second Street) Page 4 Packet Pg. 41

42 8.c DRAFT RESOLUTION NO. BEING A RESOLUTION OF THE HISTORIC PRESERVATION BOARD OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVE A MILLS ACT HISTORIC PRESERVATION CONTRACT FOR 110 S. 2 ND STREET WHEREAS, on October 4, 2011 the City Council of the City of Campbell adopted Resolution establishing the Mills Act Historic Property Incentive Pilot Program for historic residential properties; and WHEREAS, approval of a Mills Act Historic Preservation Contract is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31, pertaining to projects involving the maintenance, rehabilitation, restoration, preservation, or reconstruction of historical resources, provided that the activity meets published federal standards for the treatment of historic properties. These federal standards describe means of preserving, rehabilitating, restoring, and reconstructing historic buildings without adversely affecting their historic significance; and WHEREAS, there is no evidence that this contract would result in any significant negative environmental impact; and WHEREAS, California Government Code, Section et seq., and California Revenue and Taxation Code, Section 439 et seq., authorize the City of Campbell to enter into contract with owner(s) of qualified historical property; defined as property that is (a) located entirely within the City of Campbell; (b) is privately owned; (c) is taxed as residential property; and (e) is individually listed on the City of Campbell s adopted Historic Resource Inventory List, to restrict the use of the property in a manner which the City deems reasonable to carry out the purposes of the relevant state regulations; and WHEREAS, the Mills Act program allows private property owners of qualified historic property to receive property tax relief in exchange for agreeing to preserve, rehabilitate, and maintain their historic properties for a specific period; and THEREFORE, BE IT RESOLVED that the Historic Preservation Board recommends that the City Council of the City of Campbell approve the Mills Act Historic Preservation Contract for 110 S. 2 nd Street during the public hearing scheduled for November 20, PASSED AND ADOPTED this 24th day of October 2018, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Commissioners: Commissioners: Commissioners: Cindy McCormick, Secretary APPROVED: Todd Walter, Chair Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 42

43 8.c PLN PUBLIC HEARING: ITEM NO. 2 CITY OF CAMPBELL HISTORIC PRESERVATION BOARD Staff Report October 24, 2018 Mills Act Contract Application for the Historic District property located at 110 S. 2 nd Street ( Baron-Hulsman-Hall House ) STAFF RECOMMENDATION That the Historic Preservation Board take the following action: 1. Recommend that the City Council authorize the City Manager to enter into a Mills Act contract with the property owner of 110 S. 2 nd Street. BACKGROUND The Mills Act Incentive Program assists property owners of locally-designated historic residential structures to benefit from tax savings in exchange for reinvestment towards the structures preservation. In 2011, the City Council initiated a three-year pilot program, allowing up to five (5) Mills Act contracts. During this three-year period, the City Council authorized three (3) Mills Act contracts. In 2015, the City Council approved an extension of the Mills Act Incentive Program, allowing a combined maximum of ten Mills Act contracts over the course of the program. There was no time limit put on the allocation of the remaining contracts. To date, the City has entered into seven (7) contracts, allowing up to three (3) additional contracts under the current program. The City has also received a ninth Mills Act application (being reviewed by the HPB at the same time as this application), potentially reducing the total remaining contracts to one. Given the limited contracts remaining, the application review process is vitally important in order to ensure that the limited number of contracts is awarded appropriately. The Mills Act Contract must be approved by the City Council. The contract has a ten year term that is automatically renewed each year, unless the City or property owner files a notice of nonrenewal 60 or 90 days prior to the anniversary date of the contract. If a notice of non-renewal is filed, the existing contract will remain in effect for the remaining balance of the 10-year period. The Mills Act Contract (including all rights and obligations) is binding upon successive property owners for the term of the contract. DISCUSSION Project Site: The subject property is an approximately 6,700 square-foot lot, located on the eastern side of 2 nd Street, south of Everett Avenue (Attachment 1). The site is currently developed with a two-story Semi-Bungalow style single-family residence, circa and a detached garage at the rear of the property. The site is located in the P-D (Planned Development) Zoning District, and is surrounded by single-family residences. Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 43

44 Staff Report ~ Historic Preservation Board Meeting of October 24, 2018 Page 2 of 3 PLN ~ 110 S. 2 nd Street Historic Significance: The two-story frame structure has a high pitched shingle roof, 2nd story dormer window facing the street, ship-lap board siding, and a covered porch with a side door entrance. According to the City s Primary Record of this property (Attachment 2), the architect and builder of the home are unknown. However, the Primary Record indicates that the home was built for Mr. Barrow who was in the cannery business, and subsequently owned by Mr. Hulsman who was in the trucking business; hauling fruit for Hyde Cannery. Proposal: The property owner has applied for a Mills Act Contract for the subject property under the City s Mills Act Historic Property Tax Incentive Program. The application (PLN ) includes a Schedule and Plan for Maintenance and Treatment of the Historic Property (Attachment 3) and photos of the property (Attachment 4). Selection Criteria: The City s Mills Act Program includes a set of criteria (discussed below and on the following page) to help the Historic Preservation Board rank and prioritize an application before forwarding it to the City Council for their approval. While there is no requirement to meet all four criteria (e.g., having an economic hardship), 100% of the estimated tax savings shall be used to finance the improvements and property maintenance of the historic resource 1. A higher ranking will be given to those applications that demonstrate that entering into a Mills Act Historic Property Contract will result in the greatest number or value of improvements to the historic property thereby resulting in the greatest benefit to the public. A higher ranking will be given to those applications that demonstrate the highest percentage of the tax savings being used to finance the property maintenance and improvements. A higher ranking will be given to those applications that demonstrate that entering into a Mills Act Historic Property Contract will substantially reduce the threat to the historic property of demolition, deterioration, abandonment, and/or general neglect. A higher ranking will be given to those applications that demonstrate, in cases of economic hardship, that entering into a Mills Act Historic Property Contract will result in the preservation and maintenance of a historic property. 2 Proposed Improvements: The owner has stated that the home is in good condition but will need continued maintenance to prevent deterioration of the century-plus old home. As provided in the attached 10-year Maintenance Plan (Attachment 5), the applicant is proposing to inspect and fumigate for termites, replace decayed wood trim, repair and replace the exterior siding, repaint the house, replace the rear exterior doors and the garage door, modify and relocated the security gate to the property and install a new fence, improve the landscaping, clean the gutters, re-stain the sun porch, make improvements to the HVAC system, replace the window coverings, install humidity filters in the basement, and repair the roof. Other improvements that count towards the tax savings credit include replacing the flooring and installing an alarm system and security cameras/lighting (Attachment 6). 1 Reference Campbell Municipal Code Section (Incentives for preserving Historic Resources) 2 Although not a required criterion, an applicant must be low-income to qualify for a higher ranking due to an economic hardship (as evidenced by their most recent tax return), per the supplemental application form. 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 44

45 Staff Report ~ Historic Preservation Board Meeting of October 24, 2018 Page 3 of 3 PLN ~ 110 S. 2 nd Street Staff Analysis: Replacing decayed wood trim, cleaning the gutters, and repairing the roof will help prevent water damage to the structure, while termite fumigation will help prevent further decay to the structure. Improvements to the HVAC system and installation of humidity filters in the basement will make the home more sustainable. Repairing and replacing the exterior siding, repainting the house, replacing the rear exterior doors and the garage door, modifying and relocating the security gate to the property and installing a new fence, improving the landscaping, re-staining the sun porch, and replacing the window coverings will help improve the appearance of the historic home to the public, as the home is located on a busy street near downtown Campbell. Staff estimates that the tax savings to the applicant is approximately $13,000 per year or $130,000 over the initial 10 year contract period. The applicant has estimated that the total cost of repairs and general maintenance to be $157,585 3, which is approximately 121% of the tax savings over a 10 year period. While the owner is not considered low-income for the purpose of the criteria, the tax saving will provide additional funds towards preservation of the home, that might not otherwise be available. NEXT STEPS Upon a recommendation by the Historic Preservation Board, staff will tentatively present the HPB s recommendation to the City Council at their November 20 th meeting. The HPB can recommend: approval; approval with conditions (e.g., rehabilitate non-historic features); continuance of the application to receive additional information from the applicant or staff; or denial of the application (with specific reasons given for the recommended denial). Attachments: 1. Location Map 2. Primary Record 3. Property Photos 4. Mills Act Application 5. Maintenance Plan 6. City of Campbell Mills Act Approved Project List Prepared by: Cindy McCormick, Senior Planner, HPB Secretary 3 Staff deducted some of the listed items such as a new microwave and replacement of the chandelier since these improvements are not listed on the Mills Act approved project list. 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 45

46 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 46

47 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 47

48 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 48

49 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 49

50 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 50

51 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 51

52 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 52

53 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 53

54 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 54

55 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 55

56 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 56

57 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 57

58 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 58

59 8.c Attachment: HPB Resolution, Staff Report, and supporting documents (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 59

60 8.d State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 2 *Resource Name or #: Laura Campbell Swope House P1. Other Identifier: Campbell Landmark *P2. Location: Not for Publication Unrestricted *a. County Santa Clara and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad Date T; R ; ¼ of ¼ of Sec ; B.M. c. Address 73 S. First St. City Campbell Zip d. UTM: (Give more than one for large and/or linear resources) Zone, me/ mn e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) APN: *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) One story wood frame construction with an off-set gable roof. Asphalt green roofing showing wear near front edge overhanging covered wooden porch. Floor of the porch is sagging toward the front. Three wooden posts support the porch. Bay with two sash windows, in front. Carved wooden ornamentation attached over the corners of the bay windows. Diamond shaped wooden strips decorate the front section of the triangular gable. *P3b. Resource Attributes: (List attributes and codes) *P4. Resources Present: Building Structure Object Site District Element of District P5a. Photograph or Drawing (Photograph required for buildings, structures, and objects.) Other (Isolates, etc.) P5b. Description of Photo: (view, date, accession #) Front Façade, 07/17/07 *P6. Date Constructed/Age and Source: Historic Prehistoric Both _1895 *P7. Owner and Address: Mark & Edna Stevenson 154 Senter Road San Jose, CA *P8. Recorded by: (Name, affiliation, and address) Maureen Kluska City of Campbell 71 N. First St. *P9. Date Recorded: 6/1985 *P10. Survey Type: (Describe) *P11. Report Citation: (Cite survey report and other sources, or enter "none.") Survey Initial notes taken by Mark R. Hoke (October 22, 1977). Attachment: DPR form for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) *Attachments: NONE Location Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (List): DPR 523A (1/95) *Required information Packet Pg. 60

61 8.d State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD *NRHP Status Code Page 2 of 2 *Resource Name or # (Assigned by recorder) B1. Historic Name: Laura Campbell Swope House B2. Common Name: Laura Campbell Swope House B3. Original Use: Residential B4. Present Use: Residential *B5. Architectural Style: Queen Anne Victorian Cottage *B6. Construction History: (Construction date, alterations, and date of alterations) Built, *B7. Moved? No Yes Unknown Date: Original Location: *B8. Related Features: Garage B9a. Architect: Unknown b. Builder: George Whitney *B10. Significance: Theme Exploration/Settlement Area Period of Significance Property Type Applicable Criteria (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) Built for daughter of William Swope and Laura Campbell Swope. Sold to Spiegle family about B11. Additional Resource Attributes: (List attributes and codes) *B12. References: B13. Remarks: *B14. Evaluator: See P8 *Date of Evaluation: See P9 (This space reserved for official comments.) Attachment: DPR form for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) DPR 523A (1/95) *Required information Packet Pg. 61

62 8.e Attachment: Photos 110 S, 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 62

63 8.e Attachment: Photos 110 S, 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 63

64 8.e Attachment: Photos 110 S, 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 64

65 8.e Attachment: Photos 110 S, 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 65

66 e Attachment: Photos 110 S, 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) 6

67 8.e Attachment: Photos 110 S, 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 67

68 Packet Pg. 68 Attachment: Photos 110 S, 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street)

69 8.e Attachment: Photos 110 S, 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street)

70 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 70

71 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 71

72 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 72

73 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 73

74 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 74

75 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 75

76 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 76

77 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 77

78 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 78

79 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Packet Pg. 79

80 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 80

81 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 81

82 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 82

83 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 83

84 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 84

85 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 85

86 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 86

87 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 87

88 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 88

89 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 89

90 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 90

91 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 91

92 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 92

93 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 93

94 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 94

95 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 95

96 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 96

97 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Packet Pg. 97

98 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 98

99 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 99

100 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 100

101 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 101

102 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 102

103 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 103

104 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 104

105 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 105

106 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 106

107 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 107

108 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 108

109 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 109

110 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 110

111 8.f Attachment: Mills Act Application for 110 S. 2nd Street (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 111

112 8.g Introduction City of Campbell Mills Act Historic Property Tax Incentive Program In 1972, the state of California enacted the Mills Act, an economic incentive program to encourage the preservation of historic buildings. State codes related to the Mills Act include California Government Code, Article12, Sections and California Revenue and Taxation Code, Article 1.9, Sections The Mills Act grants local governments the authority to establish, administer and implement Mills Act Historic Preservation Tax Abatement Programs (Mills Act programs). Cities and counties with Mills Act programs are able to enter into contracts with owners of qualified historic properties who actively participate in the restoration and maintenance of their historic properties while receiving property tax relief. Each local government establishes its own criteria for evaluating applications and determines how many contracts will be allowed within its jurisdiction. On October 4, 2011, the City Council of Campbell adopted Resolution No establishing a Mills Act program to foster the preservation and rehabilitation of the City s residential historic properties. The administration of the City of Campbell s Mills Act program is assigned to the Planning Division of the Planning Department. For questions about this program, please call the Planning Division at (408) The purpose of entering into a Mills Act contract is for residential property owners to restore, rehabilitate, and preserve historic resources as a benefit to the community of Campbell while receiving property tax relief. Property owners will use their tax savings to extend the life of the structure(s), protect the historic and aesthetic value of the property, and comply with the rules and regulations of the State Office of Historic Preservation of the Department of Parks and Recreation; the United States Secretary of the Interior's Standards for Rehabilitation; the State Historic Building Code; and the City of Campbell Municipal Code, Historic Preservation Ordinance and Design Guidelines when any work is to be done on the structure(s) or property. The property owner is expected to submit an annual report of preservation and maintenance activity on the historic structure(s) and property as outlined within this application and per the contract between the property owner and the City of Campbell. Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) City of Campbell - Mills Act Historic Property - Tax Incentive Program 1. Packet Pg. 112

113 8.g Application Requirements How to Apply: To begin the process, the residential property owner(s) or an authorized representative files a Mills Act Historic Property Contract Application with the Planning Division of the City of Campbell. Incomplete or inaccurate applications will be returned to the property owner. Assistance in preparing the application may require the use of a qualified professional consultant. An application packet can be obtained through the City of Campbell Planning Division, 70 N. First Street, Campbell, CA or pulled off the website: For further information, interested property owners can also call the Planning Division at (408) Review Process: A request for a Mills Act Contract begins with submittal of a complete application to the City of Campbell s Planning Division. Once the Planning Division has reviewed the application and finds it is complete, the application will be reviewed by the Historic Preservation Board. The Historic Preservation Board will then evaluate the application against a set of priority criteria and give it a ranking. If necessary, the top ranked applications will be put into a lottery to determine which applications will be forwarded to the City Council for their consideration. At a noticed public hearing, the Historic Preservation Board will review, consider and take action on each application s Schedule and Plan for Maintenance and Treatment of the Historic Property. The Historic Preservation Board will then forward to the City Council their actions and recommendations on each of the Mills Act Contract applications. The City Council at a public meeting will receive there commendations of the Historic Preservation Board. The Council will also receive public testimony on the proposed application(s); they will then determine whether or not the City should enter into a Mills Act Historic Property Contract with the property owner. If the Council determines that a Contract is appropriate, they will adopt a Resolution authorizing the City Manager to enter into the Contract with the property owner. Once the Mills Act Historic Property Contract is executed by all parties, the City will record it with the Santa Clara County Recorder. The property owner will be responsible for payment of applicable recording fees. After the Mills Act Historic Property Contract has been recorded, a copy of the recorded document is forwarded to the Santa Clara County Assessor, who will then recalculate the property taxes according to the Mills Act statutes. A copy of the recorded contract is also forwarded to the State Office of Historic Preservation. Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) City of Campbell - Mills Act Historic Property - Tax Incentive Program 2. Packet Pg. 113

114 8.g Selection Criteria: The Historic Preservation Board will evaluate each contract application using the following criteria to rank and prioritize the applications: A higher ranking will be given to those applications that demonstrate that entering into a Mills Act Historic Property Contract will result in the greatest number or value of improvements to the historic property thereby resulting in the greatest benefit to the public. A higher ranking will be given to those applications that demonstrate that entering into a Mills Act Historic Property Contract will substantially reduce the threat to the historic property of demolition, deterioration, abandonment, and/or general neglect. A higher ranking will be given to those applications that demonstrate, in cases of economic hardship, that entering into a Mills Act Historic Property Contract will result in the preservation and maintenance of a historic property. A higher ranking will be given to those applications that demonstrate the highest percentage of the tax savings being used to finance the property maintenance and improvements. Application Fee: A fee must be submitted along with each Mills Act program application. Applicant to submit a check made out to City of Campbell for $1,530. City Requirements: At a minimum the following shall be required as part of the contract between the property owner and the City of Campbell. To view the entire contract, you can contact the Planning Division at (408) or inquire by at planning@cityofcampbell.com. 1. Annual Reports: Each property owner of a property subject to a Mills Act Historic Property Contract will be required to submit to the City an annual report which documents how the property owner is satisfying the terms and provisions of their individual Contract. An annual monitoring fee established by the City Council may be required to be submitted with the annual report. 2. The contract must require periodic interior and exterior inspections by the tax assessor, Department of Parks and Recreation and State Board of Equalization to determine the property owner s compliance with the contract. Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) City of Campbell - Mills Act Historic Property - Tax Incentive Program 3. Packet Pg. 114

115 8.g 3. Length of Mills Act Contract: The term of a contract shall be a minimum of ten years. One year will automatically be added to the initial term of the contract each year on the anniversary date of the contract, unless the City or property owner files a notice of non-renewal 60 or 90 days prior to the anniversary, respectively. If a notice of non-renewal is duly filed, the existing contract shall remain in effect for the balance of the period remaining since the execution or last renewal of the contract. 4. The contract must be binding upon successive property owners for the term of the contract. Successive property owners shall have the same rights and obligations under the contract as the owner who entered the contract. 5. A cancellation fee of 12.5% of the full market value of the property must be assessed upon the property owner if the contract is canceled for breach of the provisions of the contract or if the property is altered or allowed to deteriorate so that it is no longer considered a significant historic structure. 6. The property must be privately owned, not exempt from property taxation and either 1) listed in the National Register of Historic Places or registered as a historic district or 2) listed in a state, city or county official register of historical or architecturally significant sites, places or land marks. 7. All work must comply with the rules and regulations of the State Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior s Standards for Rehabilitation, and the State Historic Building Code. 8. Qualifying Structures. To qualify for the program, a structure must be one of the following: a. A designated historic landmark. b. A structure listed on the Historic Resource Inventory (HRI). 9. Qualifying Projects. A wide range of projects may be considered for inclusion in a Mills Act contract. However, to qualify for the program, each project must meet the following requirements: a. All aspects of the project including, but not limited to, its design, materials, and techniques must comply with the rules and regulations of the United States Secretary of the Interior s Standards for Rehabilitation; the State Office of Historic Preservation of the Department of Parks and Recreation; the State Historic Building Code; and the City of Campbell Municipal Code, Historic Preservation Ordinance and Design Guidelines.(Projects include interior and exterior renovation/restoration that will extend the life of the structure and limited site work.) Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) City of Campbell - Mills Act Historic Property - Tax Incentive Program 4. Packet Pg. 115

116 8.g b. Projects required ensuring the structural integrity of a structure (e.g., seismic retrofitting, electrical change out or termite treatment) shall be completed prior to the undertaking of projects involving other elements of the structure. c. For projects involving removable features (e.g., light fixtures, fireplace mantelpieces or built-in cabinets), the features shall remain attached to the structure. 10. Non-Qualifying Projects. Additions (e.g., room or patio additions), the relocation of structures, solar panels or photo voltaic panels mounted to the roof or on the side of the structure and projects that fail to meet all of the requirements listed above, do not qualify for the program Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) City of Campbell - Mills Act Historic Property - Tax Incentive Program 5. Packet Pg. 116

117 8.g Secretary of the Interior s Standards for Rehabilitation 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where these verity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) City of Campbell - Mills Act Historic Property - Tax Incentive Program 6. Packet Pg. 117

118 8.g Mills Act Historic Property Tax Incentive Program Submittal Requirements The following must be submitted with your application: 1. Application Form: Signed by the applicant and property owner 2. Form #1 - Priority Consideration Worksheet 3. Form #2 - Proposed Schedule and Plan for Maintenance and Treatment of the Historic Property: Include a cost estimate for the work to be done and information that substantiates the cost estimates. 4. Form #3 - Property Tax Adjustment Worksheet 5. Contribution Disclosure Form: Indicate on this form if any political financial contributions have ever been provided to a sitting member of the Planning Commission and/or City Council. 6. Property Deed: Provide a copy of the current deed for the property, including the legal description 7. Site Plan: (drawn to scale) 8. Photographs: Provide color photos documenting the interior and exterior of the property (3x5 format). The exterior photos must show all elevations (sides) of the structure(s) and all photos must be labeled with address and detailed description of the photo content. 9. Property Tax Bill: Provide a copy of the most recent property tax bill. 10. Inclusion on City of Campbell s Historic Inventory List (HRI): The property must be listed on the HRI or be a designated landmark in order to apply for the Mills Act Program. 11. Filing Fee: $1, The staff planner who is on duty when your application is submitted will give the application a cursory review for completeness. If any of the above items are not complete, the application will not be accepted. Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) Rvsd. 6/18/13 Packet Pg. 118

119 8.g CITY OF CAMPBELL MILLS ACT PROPERTY TAX INCENTIVE PROGRAM APPLICATION FORM Submit to City of Campbell Planning Division, 70 N. First Street, Campbell, CA 95008, (408) Please complete the information below and attach supplemental information as required. A site plan and supplemental information, and the applicable application fee as shown on the back of this application form must accompany all applications. If you have questions regarding this application form, the application process, or general planning questions, please do not hesitate to contact the Planning Division at the address and phone number shown above. Office hours are Monday- Friday, 8 a.m.-noon and 1p.m.- 5p.m. (Please note Planning counter is closed during the lunch hour). Applicant s Name*: APPLICANT/OWNER/AGENT Mailing Address: City: ST: Zip: Phone: Fax: Owner of Property-Name (if not applicant)*: Mailing Address: City: ST: Zip: Phone: Fax: *If there is more than one applicant or owner, please list on an attached sheet PROJECT LOCATION (1) Street/Site Address: Assessor s Parcel Number(s): (2) Street/Site Address: Assessor s Parcel Number(s): PROJECT DESCRIPTION (Please provide a project description, attach additional sheets as necessary): OWNER S AUTHORIZATION I hereby authorize the City of Campbell to process this application, and I authorize the City of Campbell to enter upon the property described herein as reasonably necessary to evaluate the project. I have completed, or reviewed this application and any Supplement to Application forms and know that the contents there of are true and accurate to my own knowledge and I assume all responsibility for their accuracy. (1) Property Owner s Signature*: Date: (2) Property Owner s Signature*: Date: *If more than one property or property owner is involved, please include owner s authorization for all additional properties STAFF USE Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) Assigned Case No.s: Zone Designation: Assigned Planner: General Plan Designation: Revised 8/6/2012 Packet Pg. 119

120 8.g APPLICATION SUPPLEMENTAL FORM #1 Priority Consideration Worksheet The following four criteria are used by the Historic Preservation Board to evaluate each contract application and to prioritize and rank them. Please use this form to explain why or how your historic resource and residential property should be considered a priority, attach additional sheet(s) if needed; or you may use an alternate form at provided it responds to the criteria listed below. A higher ranking will be given to those applications that demonstrate that entering into a Mills Act Historic Property Contract will result in the greatest number or value of improvements to the historic resource and property thereby resulting in the greatest benefit to the public. Explain what improvements are proposed for the historic resource and property and how you believe that completing those improvements will be a public benefit: A higher ranking will be given to those applications that demonstrate that entering into a Mills Act Historic Property Contract will substantially reduce the threat to the historic resource and property of demolition, deterioration, abandonment, and/or general neglect. Explain the physical state of the historic resource and property and how you believe the proposed improvements will prevent the demolition, deterioration, abandonment and general neglect of the historic resource and property: Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) Form #1 Page 1 of 2 Packet Pg. 120

121 8.g A higher ranking will be given to those applications that demonstrate, in cases of economic hardship, that entering into a Mills Act Historic Property Contract will result in the preservation and maintenance of a historic resource and property. Explain how you believe you have, or qualify as having, an economic hardship: (Applicant shall provide copies of their most recent tax return and must have a family income considered low based on the state guideline to justify a hardship) A higher ranking will be given to those applications that demonstrate the highest percentage of the tax savings being used to finance the property maintenance and improvements. Describe what percentage of the estimated tax savings you intend to reinvest into the property and structure to finance the improvements: Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) Form #1 Page 2 of 2 Packet Pg. 121

122 8.g APPLICATION SUPPLEMENTAL FORM #2 Proposed Schedule and Plan for Maintenance and Treatment of the Historic Property Please list the proposed work to be done, the year(s) in which the work will be commenced and completed, the type of work (maintenance, rehabilitation, new construction, etc.), and the estimated cost of the work. Also, please attach information to substantiate the cost estimates. You may use any format convenient to you, provided the necessary information is included. Attach as many sheets as necessary WorkTask Typeof Work Year Commenced Year Completed Estimated Cost Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) Form #2 Page 1 of 3 Packet Pg. 122

123 8.g Projects may include but are not limited to: Access Modifications Exterior Access Modifications Interior Accessory Structure Repair or Replace Annual Maintenance & Repairs Appliance Vent Architectural Remove Non-historic Feature & Restore to Original Architectural Trim Repair Architectural Trim Replace Architectural Trim Install New Balcony/ Decks New Railings Balcony/ Decks Repair or Replace Basement Access Repair or Replace to Code Basement New or Rebuild Cabinets New Built-in Bathroom Cabinets New Built-in Kitchen Cabinets New Built-in Other Carpentry Remove window &reframe shower including Siding/Caulking Chimney Inspect and Clean Chimney New Chimney Rebuild or Repair Code Repair Item Column Replace or Rebuild Corbels/ Structural Brackets Replace or Repair Door Repair or Replace Screen Door Door Hardware Door New Basement Hatch Cover and Base Door Repair Door Replacement Drain for Deck Install &or Repair Drainage Protection or Correction Dry-Rot Remove, Repair and or Replace Electrical Rewire or Install New Outlets Electrical Complete Rewire and Service Upgrade Electrical Ground & Service Entry Electrical Install New Circuits Electrical Lighting Fixtures Electrical New Service Lines to Garage Electrical Security Lighting and Alarm Electrical New Outlets Fence Repair or New Flashing Floor Furnace Remove or Restore floor Flooring Carpet Flooring Repair Flooring Repair Wood Floors Flooring Replacement Foundation Bolting and Seismic Work Foundation New Foundation Repair Gable or Attic Re-screening Garage Door Gutters & Downspouts House Relocation HVAC Complete New System HVAC Maintenance & Replacement/Plumbing Service & Painting Insulation Walls Blown-in Insulation Attic Interior Trim Refinish Kitchen New Counters Masonry New Masonry Repair or Replace Tile Hearth Masonry Repair or Repoint Masonry Repoint Brick Mechanical Air Conditioning Mechanical Heating Unit Mechanical Ventilation New Kitchen/Bath Fan & Duct Work Mechanical Venting& Duct Mechanical Venting& Duct Work Minor Painting and Exterior Repairs Painting Exterior Painting Interior Painting Removal of Lead Based Paint Painting Exterior Trim Patio Repair Plastering Remove, Replace, or Refinish Plumbing DWV, Drain, Waste &Vent Plumbing Fixtures Plumbing Install new supply lines Plumbing Install Sump Pump &Discharge Drain Plumbing Minor Repairs Plumbing New Supply Plumbing Service Lines Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) Form #2 Page 2 of 3 Packet Pg. 123

124 8.g Plumbing Sewer Plumbing Repairs Porch-Ceiling replacement Porch Rebuild or Replace Porch Repair Porch Repoint Brick Porch Railing Repair or Replace to Code Porches Resurface Remove Substandard Construction (Tin Shed) Repair Eaves and/or Overhangs Repair Exterior Stucco Repair Garage Replace Garage Replace Non-Historic Feature Roof-Minor Repair Roof-Reroof Roof-Strip and Install New Security Lighting and Alarm System Seismic Retrofitting Other than Foundation Siding Remove Asbestos Siding &Restore Siding Repair Skylights Replace Stair Repair Stair Replacement Stonework Stoop Repair Stoop Replacement Structural New Framing or Repairs Structural Bracing Structural Modifications Structural Repairs Roof and/or Ceiling Joists Termite Treatment Termite Treatment and Repair Tile Replace, Repair or Repoint Utility Enclosure New Ventilation Attic Fan Waterproofing Weatherproofing Window Screens or Hardware Windows Repair Windows Replacement in kind Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) Form #2 Page 3 of 3 Packet Pg. 124

125 8.g APPLICATION SUPPLEMENTAL FORM #3 Property Tax Adjustment Worksheet Below is a simplified process for obtaining the estimated Mills Act Historic Property tax savings. Please be aware that the assessed value you determine here is an estimate only and will not necessarily be the value determined by the Assessor. The Assessor assesses the property annually using values that will likely change from year to year; therefore, the assessed property taxes may change from year to year. ANNUAL PROPERTY INCOME Line1 Line2 Monthly Rental Income Annual Rental Income Instructions Value Notes MultiplyLine1by 12(months) $ $ Even if the property is owner-occupied, an estimated monthly rental income is needed as a basis for this worksheet. ANNUALOPERATING INCOME Do not include mortgage payments or property taxes. Provide back-up documentation where applicable. Line3 Management $ Where applicable, include expense of on-site manager s unit and 5%offsite management fee; and describe other management costs. Line4 Insurance $ Fire, Liability, etc. Line5 Utilities $ Water, Gas, Electric Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) Form #3 Page 1 of 2 Packet Pg. 125

126 8.g Property Tax Worksheet Instructions Value Notes Line6 Line7 Maintenance Other Operating Expenses Line8 Total Expenses Addlines3through 7 $ NET OPERATING INCOME Line9 Net Total Line2 minusline8 $ CAPITALIZATION RATE Line10 Interest Rate 6.0% (for year 2005) 6.0 % Line11 Risk Rate Owner occupied onefamily home=4% All other property=2% Line12 Property Tax Rate 1% 1 % Line13 Depreciation Rate 3.3% 3.3 % Line14 Total Capitalization Rate Add lines 10 through 13 % NEW ASSESSED VALUE Line15 Mills Act Assessed Value Line9 divided by Line14 $ NEW TAX ASSESSMENT Line16 Current Tax Line17 Tax Under Mills Act Line 15 times.01(1%) $ Line18 Estimated Tax Reduction Line16 minus Line 17 $ Maintenance includes: painting, plumbing, electrical, gardening, cleaning, mechanical, heating repairs, and structural repairs. All costs should be recurring annually. $ Security, services, etc. $ $ _% As determined by the State Board of Equalization for the specified year. General tax levy onlydo not include voted indebtedness or direct assessments Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) Form #3 Page 2 of 2 Packet Pg. 126

127 8.g Attachment B Planning Commission Contribution Disclosure Form INFORMATION SHEET This form must be completed by applicants for, or persons who are the subject of, any proceeding involving a license, permit, or other entitlement for use pending before the Planning Commission. Important Notice: Basic Provisions of the Government Code Section I. If you are an applicant for, or the subject of, any proceedings involving a license, permit, or other entitlement for use, you are prohibited from making a campaign contribution of $250 or more to any commissioner, his or her alternate, or any candidate for such position. This prohibition begins on the date your application is filed or the proceeding is otherwise initiated, and the prohibition ends three months after a final decision is rendered by the Planning Commission. In addition, no commissioner, alternate, or candidate may solicit or accept a campaign contribution of $250 or more from you during this period. These prohibitions also apply to your agents, and, if you are a closely held corporation to your majority shareholder as well. II. You must file the attached disclosure form and disclose whether you or your agent(s) have in the aggregate contributed $250 or more to any commissioner, his or her alternate, or any candidate for the position during the 12-month period preceding the filing of the application or the initiation of the proceeding. III. If you or your agent have made a contribution to any commissioner, alternate, or candidate during the 12 months preceding the decision on the application or proceeding, that commissioner must disqualify himself or herself from the decision. However, disqualification is not required if the commissioner, alternate, or candidate returns the campaign contribution within 30 days of learning about both the contribution and the proceedings. This form should be completed and filed with your application or with the first written document you file or submitted after the proceeding commences. 1. A proceeding involving a license, permit, or other entitlement for use includes all business, professional, trade and land use licenses and permits, and all other entitlements for use, including all entitlements for land use; all contracts (other than competitively bid, labor or personal employment contracts) and all franchises. 2. Your agent is someone who represents you in connection with a proceeding involving a license, permit or other entitlement for use. If an individual acting as an agent is also acting in his or her capacity as an employee or member of a law, architectural, engineering, consulting firm or similar business entity, both the business entity and the individual are agents. 3. To determine whether a campaign contribution of $250 or more has been made by you, campaign contributions made by you within the preceding 12 months must be aggregated with those made by your agent within the preceding 12 months or the period of the agency, whichever is shorter. Campaign contributions made to different commissioners/councilmembers, their alternates, or candidates are not aggregated. This notice summarizes the major requirements of Government Code Section of the Political Reform Act and 2 Cal. Adm. Code Sections For more information, contact the Campbell City Attorney at (408) , or the Fair Political Practices Commission, 428 J Street, Suite 800, Sacramento, CA 95814, (916) Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) Prepared by: Legal Division, Fair Political Practice Commission, May 1986 Rvsd. 8/27/2012 Packet Pg. 127

128 8.g Attachment B Page 2 Contribution Disclosure Form TO BE FILLED OUT BY APPLICANT I. [ ] IF CONTRIBUTIONS TOTALING $250 HAVE NOT BEEN MADE, CHECK HERE, AND SIGN BELOW IN SECTION III. II. III. TO BE COMPLETED ONLY IF CONTRIBUTIONS TOTALING $250 OR MORE HAVE BEEN MADE. NAME: ADDRESS: TELEPHONE NO: LIST COMMISSION MEMBER(S) TO WHOM YOU AND/OR YOUR AGENT MADE CAMPAIGN CONTRIBUTIONS TOTALING $250 OR MORE, AND THE DATES OF THOSE CONTRIBUTIONS. SIGNATURE NAME: CONTRIBUTOR: DATE (S): AMOUNT (S): NAME: CONTRIBUTOR: DATE (S): AMOUNT (S): NAME: CONTRIBUTOR: DATE (S): AMOUNT (S): ZIP: (if other than yourself) (if other than yourself) (if other than yourself) Attachment: Mills Act Application Form (1306 : Mills Act Application Request for 110 S. Second Street) Signature of Applicant/Agent DATE: Rvsd. 8/27/2012 Packet Pg. 128

129 8.h Tax Valuation Comparison for the City s six Mills Act properties Mills Act tax reassessments begin the year after a Mills Act contract is approved. So, if a contract was approved in 2015, the new tax rate takes effect in The following represents the approximate tax for each property that received approval for a Mills Act contract. Staff has included the net tax valuation after subtracting the $7,000 home owner s exemption (where applicable) for the year that the Mills Act Contract was approved (shown in red) and each year thereafter, through Staff has also included the estimated tax in the year that the contract was approved (standard tax) and the years after the contract was approved (Mills Act tax). For simplicity, the approximate tax has been estimated by assuming a 1% tax rate on the net tax valuation. It is also assumed that the City receives approximately 10.5% of this 1% tax. 226 Alice Avenue (Mills Act Contract recorded 12/27/16): 2016 Net Tax Valuation: $768,257 = ~$807 per year (=10.5% of 1% of $768,257) 2017 Net Tax Valuation: $213,100 = ~$224 per year (=10.5% of 1% of $213,100) 146 Alice Avenue (Mills Act Contract recorded 4/15/16): 2016 Net Tax Valuation: $738,636 = ~$776 per year (=10.5% of 1% of $738,636) 2017 Net Tax Valuation: $261,500 = ~$275 per year (=10.5% of 1% of $261,500) 155 Alice Avenue (Mills Act Contract recorded 10/6/15) 2015 Net Tax Valuation: $977,649 = ~$1,027 per year (=10.5% of 1% of $977,649) 2016 Net Tax Valuation: $262,900 = ~$276 per year (=10.5% of 1% of $262,900) 2017 Net Tax Valuation: $317,400 = ~$333 per year (=10.5% of 1% of $317,400) 75 N. 2nd Street (Mills Act Contract recorded 9/28/15): 2015 Net Tax Valuation: $991,119 = ~$1,041 per year (=10.5% of 1% of $991,119) 2016 Net Tax Valuation: $281,500 = ~$296 per year (=10.5% of 1% of $281,500) 2017 Net Tax Valuation: $384,100 = ~$403 per year (=10.5% of 1% of $384,100) 61 Catalpa Lane (Mills Act Contract recorded 2/5/14): 2014 Net Tax Valuation: $1,506,809 = ~$1,582 per year (=10.5% of 1% of $1,506,809) 2015 Net Tax Valuation: $472,500 = ~$496 per year (=10.5% of 1% of $472,500) 2016 Net Tax Valuation: $449,800 = ~$472 per year (=10.5% of 1% of $449,800) 2017 Net Tax Valuation: $615,400 = ~$646 per year (=10.5% of 1% of $615,400) 140 S. Peter Drive (Mills Act Contract recorded 12/30/13) 2013 Net Tax Valuation: $1,513,730 = ~$1,589 per year (=10.5% of 1% of $1,513,730) 2014 Net Tax Valuation: $318,100 = ~$334 per year (=10.5% of 1% of $318,100) 2015 Net Tax Valuation: $322,300 = ~$338 per year (=10.5% of 1% of $322,300) 2016 Net Tax Valuation: $305,900 = ~$321 per year (=10.5% of 1% of $305,900) 2017 Net Tax Valuation: $420,700 = ~$442 per year (=10.5% of 1% of $420,700) Attachment: Tax savings comparison for the City s six Mills Act Contracts (1306 : Mills Act Application Request for 110 S. Second Street) Packet Pg. 129

130 9 City Council Report Item: 9 Category: NEW BUSINESS Meeting Date: November 20, 2018 TITLE: Public Hearing to Consider a Municipal Code Amendment to Chapter 2.24 (Planning Commission) Hereby Amending and Establishing Attendance and Training Requirements for the Planning Commission (Ordinance/Roll Call Vote) RECOMMENDED ACTION Take a first reading of the attached Ordinance (Attachment 1), amending and establishing attendance and training requirements within the Campbell Municipal Code - Chapter for the Planning Commission. BACKGROUND A Planning Commission is a governmental body, appointed by the City Council, charged with the development of the general plan, formulation and administration of the zoning map and ordinance, and the body who reviews development and land use applications. Within the past year, the City Council has expressed a desire to ensure that the Planning Commission receives proper training in order to support their essential functions. The Council has also observed inconsistent attendance records and has expressed concerns that this important decision making body needs to have dependable meeting attendance by the Commissioners in order to adequately serve the public. In this regard, staff has prepared a draft ordinance for City Council consideration. DISCUSSION The draft ordinance modifies Section (Absence from meetings without cause) and replaces Section (Absence for cause) with a new section entitled Required Training. Absence from meetings The current provisions state that if a Commissioner is absent from three consecutive meetings without cause, then the office of that position is considered vacated. The provisions also state that a Commissioner can be excused with cause so long as the cause is either associated with an illness or an unavoidable issue. In other words, a Commissioner could theoretically provide an excused absence for every scheduled Packet Pg. 130

131 9 PC Training and Attendance Page 2 of 3 meeting, or be absent every other meeting without cause and retain their position because they provided an excuse not to attend. In order to improve attendance consistency, the draft ordinance changes state that a Commissioner s position will be considered vacated if they miss either three (3) consecutive meetings or six (6) meetings within a calendar year with or without cause. The premise behind this suggested language is that if the personal life of a Planning Commissioner prevents regular attendance, then the position may not be a right fit. Training: Change is inevitable in the evolution of cities and its governance, which requires both elected and appointed officials to keep pace with best practices and new land use laws handed down by the State of California. Because a Planning Commissioner is considered by most to be city planners of local governments, it is important to offer trainings that focus on the profession of city planning. Organizations that offer continued training include the League of California Cities, the American Planning Association (APA), the San Francisco Bay Area Planning and Urban Research Association (SPUR), and the Urban Land Institute (ULI) to name a few. The draft ordinance has been structured to require the annual attendance to at least one conference from the League or APA, and at least one round table discussion with SPUR or the ULI. In order to provide greater training opportunities, a Commissioner could register for other training opportunities as approved by the Community Development Director. ALTERNATIVES 1. Revise the draft ordinance per Council deliberation. 2. Direct staff to return with revisions. Prepared by: Paul Kermoyan, Community Development Director Approved by: Packet Pg. 131

132 9 PC Training and Attendance Page 3 of 3 Brian Loventhal, City Manager Attachment: 1. Ordinance - Chapter_2 24 PLANNING_COMMISSION (v2) Packet Pg. 132

133 9.a Ordinance No. BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN AMENDMENT TO CHAPTER 2.24 (PLANNING COMMISSION) OF THE CAMPBELL MUNICIPAL CODE ( CMC ) AMENDING AND ESTABLISHING ATTENDANCE AND TRAINING REQUIREMENTS FOR THE PLANNING COMMISSION. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: SECTION 1. Chapter 2.24 (Planning Commission): Section (Absence from meetings without cause.) of the Campbell Municipal Code is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: Absence from meetings without cause. If a member of the Planning Commission is absent from three successive or six regular meetings of the Commission, without cause within a single calendar year, the office of such member shall be deemed to be vacant and the term of such member ipso facto terminated and the Community Development Directorsecretary of the Planning Commission shall immediately inform the City Council of such termination. SECTION 2. Chapter 2.24 (Planning Commission): Section (Absence for cause.) of the Campbell Municipal Code is amended to read as follows with underlining indicating new text and strikeouts (strikeout) indicating deleted text: Required trainingabsence for cause. An absence for cause shall mean either: (1) An absence due to illness or an unavoidable absence from the City and written notice thereof to the chair of the Planning Commission or staff liaison on or before the day of any regular meeting by the Commission; or (2) A finding by the Chair of the Planning Commission that the absence was due to a reasonably unforeseeable occurrence, such as an accident or illness, that renders it unreasonably difficult to attend the meeting. Each Planning Commissioner is responsible for continued education and training in order to improve their effectiveness as a Commissioner. The following training and education is required within each calendar year: (a) (b) (c) Attend one League of California Cities Planning Commissioners Academy; or Attend one APA California Chapter Conference; or Attend one APA National Conference; or Attachment: Ordinance - Chapter_2 24 PLANNING_COMMISSION (v2) (1308 : PC Training and Attendance) Packet Pg. 133

134 9.a (d) Attend all of the following: One conference that is relevant to the Commission s role as preapproved by the Community Development Director; and One San Francisco Bay Area Planning and Urban Research Association (SPUR) round table discussions, or similar as preapproved by the Community Development Director; and One Urban Land Institute (ULI) round table discussion, or similar as preapproved by the Community Development Director. The above training is considered mandatory to maintain status on the Planning Commission. Said training needs to be approved by the Community Development Director in advance of the training and costs associated with the training will be reimbursed by the City of Campbell. Following completion of the training, each Commissioner shall submit to the Community Development Director proof of attendance. SECTION 3. This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this day of, 2018 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Wendy Wood, City Clerk APPROVED: Paul Resnikoff, Mayor Attachment: Ordinance - Chapter_2 24 PLANNING_COMMISSION (v2) (1308 : PC Training and Attendance) Packet Pg. 134

135 10 City Council Report Item: 10 Category: COUNCIL COMMITTEE REPORTS Meeting Date: November 20, 2018 TITLE: Council Committee Reports RECOMMENDED ACTION Report on committee assignments and general comments. 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 Committees. MAYOR RESNIKOFF: Advisory Commissioner Appointment Interview Subcommittee City Atty. Performance/Comp. Subcommittee City Clerk Performance/Comp. Subcommittee City Mgr. Performance/Comp. Subcommittee West Valley Clean Water JPA West Valley Mayors and Managers West Valley Sanitation District West Valley Solid Waste Authority JPA Cities Association of Santa Clara County Representative Selection Committee & Legislative Action Committee (Alt.) Recycling and Waste Reduction Commission of SCC** (Alt.) VICE MAYOR WATERMAN: City Mgr. Performance/Comp. Subcommittee City Atty. Performance/Comp. Subcommittee City Clerk Performance/Comp. Subcommittee Advisory Commissioner Appointment Interview Subcommittee Economic Development Subcommittee Legislative Subcommittee State Route (SR) 85 Corridor Policy Advisory Board Silicon Valley Animal Control Authority Board (SVACA) Downtown Subcommittee Finance Subcommittee County Library District JPA Board of Directors Santa Clara Valley Water District: County Water Commission (Alt.) Packet Pg. 135

136 10 Council Committee Reports Page 2 of 3 Silicon Valley Clean Energy JPA Board of Directors (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.) West Valley Solid Waste Authority JPA (Alt.) West Valley Mayors and Managers (Alt.) West Valley Clean Water JPA (Alt.) West Valley Sanitation District Board (Alt.) COUNCILMEMBER CRISTINA: Ad Hoc Committee on South Flow Arrivals (San Jose Airport) Cities Association of Santa Clara County Representative, Cities Assn. Selection Committee & Legislative Action Committee Downtown Subcommittee Economic Development Subcommittee Legislative Subcommittee Silicon Valley Animal Control Authority Board (SVACA)(Alt.) COUNCILMEMBER GIBBONS: Association of Bay Area Governments Executive Committee** Campbell Historical Museum & Ainsley House Foundation Liaison SCC CDBG Program Committee** Comprehensive County Expressway Planning Study Policy Advisory Board** Education Subcommittee Finance Subcommittee Friends of the Heritage Theater Liaison Silicon Valley Clean Energy JPA Board of Directors SVCEC Executive Committee** SVCEC Finance and Audit Subcommittee** SCC Emergency Operations Commission** Ad Hoc Committee on South Flow Arrivals (San Jose Airport) (Alt.) Association of Bay Area Governments (Alt.) County Library District JPA Board of Directors (Alt.) COUNCILMEMBER LANDRY: Association of Bay Area Governments Education Subcommittee Recycling and Waste Reduction Commission of SCC** Santa Clara Valley Water District: County Water Commission Valley Transportation Authority Policy Advisory Committee Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) CDBG Program Committee (County)(Alt.) Comprehensive County Expressway Planning Study Policy Advisory Board Friends of the Heritage Theater Liaison (Alt.) State Route (SR) 85 Corridor Policy Advisory (Alt) Packet Pg. 136

137 10 Council Committee Reports Page 3 of 3 **appointed by other agencies Prepared by: Wendy Wood, City Clerk Packet Pg. 137

138 MEMORANDUM City of Campbell City Clerk s Office To: Honorable Mayor and City Council Date: November 20, 2018 From: Via: Wendy Wood, City Clerk Brian Loventhal, City Manager Subject: Desk Item Letter from Audrey Kiehtreiber A letter was received by Audrey Kiehtreiber in regards to Executive Session item B. Attached is the letter for Council consideration.

139 San Tomas Area Community Coalition P.O. Box Los Gatos CA phone City of Campbell 70 N. First Street Campbell CA November 19, 2018 Attn: City Council Members Brian Loventhal, City Manager Paul Kermoyan, Director Community Development Department Subj: CITY COUNCIL EXECUTIVE SESSION Tuesday, November 20, 2018 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section ) Name of Case: Tehranian v. City of Campbell Dear City Council Members and Staff: Michael and Nahid Tehranian came to the STACC board about a year ago with a plan to do a modest addition to their home at 509 Chapman Dr. by moving the garage forward and adding a workroom onto the back. We reviewed their design and felt it was very much in keeping with the standards of the San Tomas Area Neighborhood Plan and fit in with the neighborhood. Shortly after this we were told there was a problem with 5 feet of land at the front of the property. As president of STACC I recommended that the Tehranians pursue the legal option of getting a Quit Claim Deed to the 5 foot strip of land in front of their house, which would then enable them to meet the set back requirements and proceed to get a legal permit and proceed with their proposed home remodel. I urge the City Council to approve their legal option of a Quit Claim Deed. Best regards, Audrey Kiehtreiber President Together we STACC the odds to fight for our Neighborhoods

140 MEMORANDUM City of Campbell Planning Division To: Mayor Resnikoff and Council Members Date: November 20, 2018 From: Cindy McCormick, Senior Planner Subject: Item 8 (110 S. 2 nd Street Mills Act Contract) ~ Desk Item The following update to the November 20 th packet has been provided as a desk item. 1. Replaced pages 60 and 61 (attachment 8.c) with the attached DPR form. The previously uploaded DPR form was for a different property. Note: The HPB reviewed the correct document at their October 24 th meeting. 2. Removed interior photos from pages 66, 67, 68, 69 (attachment 8.e) for security reasons, at the request of the owner. 3. Redacted the owner s contact information on page 70 (attachment 8.f).

141 State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 2 *Resource Name or #: Baron-Hulsman-Hall House P1. Other Identifier: Campbell Historic Resource *P2. Location: Not for Publication Unrestricted *a. County Santa Clara and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad Date T; R ; ¼ of ¼ of Sec ; B.M. c. Address 110 S. Second St. City Campbell Zip d. UTM: (Give more than one for large and/or linear resources) Zone, me/ mn e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) APN: *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Two-story frame with high pitched shingle roof. Dormer window in front. Ship-lap board siding covered sun porch, side door entrance. Cyclone fence in front and side. *P3b. Resource Attributes: (List attributes and codes) P5a. Photograph or Drawing (Photograph required for buildings, structures, and objects.) Single Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other (Isolates, etc.) P5b. Description of Photo: (view, date, accession #) Front Façade, 07/17/07 *P6. Date Constructed/Age and Source: Historic Prehistoric Both 1913 *P7. Owner and Address: *P8. Recorded by: (Name, affiliation, and address) Ruby Giese 51 N. Central *P9. Date Recorded: 7/1985 *P10. Survey Type: (Describe) *P11. Report Citation: (Cite survey report and other sources, or enter "none.") Survey *Attachments: NONE Location Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (List): DPR 523A (1/95) *Required information