CC Resolution 11547RESOLUTION NO. iis4~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE CITY ENGINEER TO SUBMIT A PROGRAM FOR ARTERIAL
SYSTEM SYNCHRONIZATION (PASS) GRANT APPLICATION FOR THE EAST
HAMILTON AVENUE-MERIDIAN AVENUE TRAFFIC SIGNAL TIMING PROJECT
WHEREAS, nine traffic signals on East Hamilton Avenue between Winchester Boulevard
and Leigh Avenue in Campbell or San Jose and six traffic signals on Meridian Avenue
between Fruitdale Avenue and Lenn Drive in San Jose have not been retimed for three
years; and
WHEREAS, the Program for Arterial System Synchronization (PASS) grant program is a
federal-funded regional program administered by the Metropolitan Transportation
Commission (MTC) to improve travel along arterial roads; and
WHEREAS, the East Hamilton Avenue-Meridian Avenue Traffic Signal Timing Project is
estimated to cost $70,500 to implement; and
WHEREAS, the PASS grant program requires no local match for the City of Campbell as
MTC will provide local matching funds; and
WHEREAS, Campbell staff time will be paid out of the city's operating budget.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell that
the City Engineer is hereby authorized to submit a Program for Arterial System
Synchronization (PASS) grant application for the East Hamilton Avenue-Meridian Avenue
Traffic Signal Timing Project.
BE IT FURTHER RESOLVED that should the City be awarded the PASS grant, the City
Council of the City of Campbell will authorize the City Engineer to enter into an agreement
with MTC to 1) waive any and all claims against MTC for any loss, liability, or damages
resulting from this program (directly or indirectly); and 2) indemnify, hold harmless, and
defend MTC against any and all third party claims that may result from Campbell's
participation in the program.
PASSED AND ADOPTED this 21st day of May, 2013, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
ATT
Anne Bybee, Ci y Clerk
Kotowski, Baker, Waterman, Low
None
Cristina
APPR~-EB; '
i
Evan D. Low, Mayor
D 2
q S O ~{~ 0:
UnlB ~aleaWUM • ~ P^I13 atx°4>uMS
m ~
a ¢ u i
0 0 3 r ~ N ='
antl iaays3 < p3° antl l,rnwayse~ 3 ~ ~ m ~ s
15 PrC N ~ ~ ~ any w+epr~M n ~ ~ i{ T ~
tS 3 a ~ < z
~ ,Z rp AadwoA Q a antl d't`~aa'p m ~ m 3 s
n
:>7 fuialW '~ ~ S 88Ywno
p u ; eou:oly c
u~ awoYl
r ~ any anc
A¢M ww~ q
IuaO N • any lenuaD N ~ 1 1 1
o m
any uowueH s 3 antl ~u'eN d m rrl ana.wua S° D
3 > >~~ 9
~ rywmwlq ° +D alrremlH _ _ m N'. FeM lamep S D
j-j ~~~ '~ ~ Lon ~~
onH raugeS • ~ ~ ~ p T
y '"~nswul AVC ,teM uawayl /V D D
3 D
d ~~ ~ ~ n
m 9 j 9 a hvM AaAn13
'~l iJ eywey o 3 ~ '° ~ T
cv 4 w' u~ ia6ul~ ~_ r
• • ~ m ~ ~ v ,. gg a ~ 1
j 9 /`~J 1~-1~
~ o'' AeM Prouty =. $ c R _ O 1 ~ 1
a ~ 4 n i celsrnN 'v' s
r ~, ~ o :. ~ v p u~ o ~ 1:8is~wle/y: ~^ - ,' y v m ' ^~ z L
m < o ~ , ,. D
z ~ c~ rt
L ~z ;,~ Z<w
O W wuaseg S ~ antl woaseg g antl uiaoseg g = ~ D m 1
cn mo ~ ~ ~, m w - rZ~
f any.epgl~ H Dul blar Ave
fll r r °- ~, m e - ~ C
r ~ ~~$ N ~ m 3
~ 5 •. o p ~mO
• ~ ~ L
Z ~ a $ ~ ~~ Princess lvvx.p m 1
D ~ Z Nan~~ ro S Z~ m
q ~ ~ ~~ O mT C7
antl iaYSayaua Yl = N40,}>•q /F• ,~ ky. w ~ T N
c 3 n ~7q ~y Q c4 v
a s~q ~ ~_ D
s y T ~
° ~ ~ an O D
antl ylYal N any 4fiml Legyq ~vACat D! n ~ m
~ dyg:aV 'g ~ < ~ ~ D
fraraiscn qYq 2n
~: m
any i.uwmr.N mm ~ /D/
antl wowe:~ r
x ~ '~~ antl u
n antl aoei~ ~~ ~Sr v _ ~_ ® ~ T
_ ~ V
any tsmH = u• St Francs D: N sv /`UOO ~_ ^ ?~ ~
• o C
u' 11`1
n ~ '_ ~ ~ aHe a B m ~ x a ~ - 94 1 11
~ ~ ~ m w ,^. a y ~ m = Srn~abeth Dr
n ~nY lh n ~ d' '~ :, i rYj
Q ~ = Can':
• • any uelpu~ O ~e ~ any uequ~ D
~~ R ~ s 3
^ ~ i rq 'a WestwoVA pr n
.v ~ z ~ O ~ ~1 m 'a
c, 3
Q :~ R ~ ~ o a i T { > ~ w ~n FYne,a~ 9yg 1S
a aaf ~ .. acs °~ Z
Attachment 2
WAIVER OF CLAIMS AND INDEMNIFICATION AGREEMENT
Between METROPOLITAN TRANSPORTATION COMMISSION
And THE CITY OF CAMPBELL
THIS AGREEMENT is made and entered into as of the , by and between the Metropolitan
Transportation Commission, a regional transportation planning agency established pursuant to California Government
Code § 66500 et seq., (herein called "MTC"), and THE CITY OF CAMPBELL (herein called "CITY").
WITNESSETH
WHEREAS, MTC has entered or will enter into technical services agreements with several consulting firms
(herein called "the Consultants"), under which the firms will provide assistance to vazious Bay Area jurisdictions in the
retuning of traffic signals in those cities (herein called "the Project"); and
WHEREAS, CITY is participating in the Project by receiving assistance from one or more of the Consultants
(herein called "the Consultant"); and
WHEREAS, [he parties wish to define CITY's obligations to MTC respecting waiver of claims and indemnity;
NOW, THEREFORE, the parties hereto agree as follows:
1.0 WAIVER OF CLAIMS AGAINST MTC
CITY waives all claims by CITY, its directors, supervisors, officers, employees, or agents against MTC, its
commissioners, officers, and/or employees for damages, loss, injury and/or liability, direct or indirect, resulting
from CITY's participation in the Project and/or the services provided to CITY by the Consultant under contract
to MTC. CITY's waiver shall not apply to liability arising from and caused by [he gross negligence or willful
misconduct of MTC, its commissioners, officers, and/or employees.
2.0 INDEMNIFICATION AND DEFENSE
CITY agrees to indemnify, hold harmless and defend MTC, its commissioners, officers, and employees from any
and all third party claims, demands, lawsuits, liability, loss, damages, injury and/or liability, direct or indirect (including
any and all costs and expenses in connection therewith), resulting from or in connection with provision of services to
CITY by the Consultant under contract with MTC, to the extent such claims, demands, etc. are not covered by the
Consultant's indemnification of MTC in the Consultant's contract with MTC. CITY's indemnification obligation shall
not apply to liability azising from and caused by the gross negligence or willful misconduct of MTC, its commissioners,
officers, agents, and employees. CITY is responsible for obtaining from MTC a copy of the applicable Consultant
agreement(s).
3.0 TERM
The term of this Agreement shall continue indefinitely, applying to multiple Consultant contracts, unless
terminated by written notice of either party or superseded by another Indemnification Agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto.
METROPOLITAN TRANSPORTATION CITY OF CAMPBELL
COMMISSION ,
Steve Heminger, Executive Director Michelle Quinney, City Engineer
Approved as to form:
William Seligmann, City Attorney
1:ACON7Y2AC71Contcacts-NewICON 09-IO~PASSVLocal Agency Waiver_Indemnifica[ion Fortn.doc
Attachment 2
WAIVER OF CLAIMS AND INDEMNIFICATION AGREEMENT
Between METROPOLITAN TRANSPORTATION COMMISSION
And THE CITY OF CAMPBELL
THIS AGREEMENT is made and entered into as of the , by and between the Metropolitan
Transportation Commission, a regional transportation planning agency established pursuant to California Government
Code § 6651x1 et seq., (herein called "MTC"), and THE CITY OF CAMPBELL (herein called "CITY").
WITNESSETH
WHEREAS, MTC has entered or will enter into technical services agreements with several consulting firms
(herein called "the Consultants"), under which the 5nns will provide assistance to various Bay Area jurisdictions in the
retuning of traffic signals in those cities (herein called "the Project"); and
WHEREAS, CITY is participating in [he Project by receiving assistance from one or more of the Consultants
(herein called "the Consultant"); and
WHEREAS, the parties wish to define CITY's obligations [o MTC respecting waiver of claims and indemnity;
NOW, THEREFORE, the parties hereto agree as follows:
1.0 WAIVER OF CLAIMS AGAINST MTC
CITY waives all claims by CITY, its directors, supervisors, officers, employees, or agents against MTC, its
commissioners, officers, and/or employees for damages, loss, injury and/or liability, direct or indirect, resulting
from CITY's participation in the Project and/or the services provided to CITY by the Consultant under contract
to MTC. CIT'Y's waiver shall not apply [o liability arising from and caused by the gross negligence or willful
misconduct of MTC, its commissioners, officers, and/or employees.
2.0 INDEMNIFICATION AND DEFENSE
CITY agrees to indemnify, hold harmless and defend MTC, its commissioners, officers, and employees from any
and all third party claims, demands, lawsuits, liability, loss, damages, injury and/or liability, direct or indirect (including
any and all costs and expenses in connection therewith), resulting from or in connection with provision of services to
CITY by [he Consultant under contract with MTC, to the extent such claims, demands, etc. aze not covered by the
Consultant's indemnification of MTC in the Consultant's contract with MTC. CITY's indemnification obligation shall
not apply [o liability arising from and caused by the gross negligence or willful misconduct of MTC, its commissioners,
officers, agents, and employees. CITY is responsible for obtaining from MTC a copy of the applicable Consultant
agreement(s).
3.0 TERM
The term of this Agreement shall continue indefinitely, applying to multiple Consultant contracts, unless
terminated by written notice of either party or superseded by another Indemnification Agreement.
IN WITNESS WHEREOF, this agreement has been executed by [he parties hereto.
METROPOLITAN TRANSPORTATION
COMMISSION
CITY OF CAMPBELL
Steve Heminger, Executive Director
Michelle Quinney, City Engineer
Approved as to form:
William Seligmann, City Attorney
1:\CONTRACTContracts-New\CON 09-]0\PASSWocal Agency Waiver_Indemnification Form.doc
ORDINANCE NO. 2168
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL LEVYING SPECIAL TAX WITHIN COMMUNITY
FACILITIES DISTRICT NO. 1,
INCLUDING CERTAIN ANNEXATION TERRITORY
WHEREAS, the City of Campbell (the "City') has conducted proceedings pursuant to the Mello-
Roos Community Facilities Act, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with
Section 53311, of the California Government Code (the "Act") to establish "City of Campbell
Community Facilities District No. 1" (the "CFD") for the purpose of financing certain municipal
services (the "Services) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the CFD (the "Rate and
Method") is set forth in Exhibit B to City Council Resolution 11474, which was adopted on
November 5, 2012 (the "Resolution of Formation"); and
WHEREAS, the City subsequently conducted proceedings to annex territory into the CFD and,
following an election of the qualified electors in the territory proposed for annexation (the
"Annexation Territory'), the City Council, on May 7, 2013, adopted its Resolution No. 11544,
entitled "A Resolution Declaring Results of Special Annexation Election, Determining Validity of
Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien."
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: By the passage of this Ordinance, the Council hereby authorizes and levies the
Special Tax within the CFD, including the Annexation Territory, pursuant to the Act, at the rate
and in accordance with method set forth in the Rate and Method, which rate and method are by
this reference incorporated herein. The Special Tax has previously been levied in the original
territory of the CFD beginning in fiscal year 2013-14 pursuant to Ordinance No. 2163, and the
Special Tax is hereby levied commencing in fiscal year 2014-15 in the Annexation Territory and
in each fiscal year thereafter to pay for the Services for the CFD and all costs of administering
the CFD.
SECTION TWO: The City Manager or designee, or an employee or consultant of the City, is
hereby authorized and directed each fiscal year to determine the specific Special Tax to be
levied for the next ensuing fiscal year for each parcel of real property within the CFD, including
the Annexation Territory, in the manner and as provided in the Rate and Method.
SECTION THREE: Exemptions from the levy of the Special Tax shall be as provided in the
Resolution of Formation, the Rate and Method and the applicable provisions of the Act. In nc
event shall the Special Tax be levied on any parcel within the CFD in excess of the maximum
Special Tax specified in the Rate and Method.
SECTION FOUR: All of the collections of the Special Tax shall be used as provided in the Act
and in the Resolution of Formation, including, but not limited to, the payment of costs of the
Services, the payment of the costs of the City in administering the CFD, and the costs of
collecting and administering the Special Tax.
SECTION FIVE: The Special Tax shall be collected in the same manner as ordinary ad valorem
taxes are collected and shall have the same lien priority, and be subject to the same penalties
and the same procedure and sale in cases of delinquency as provided for ad valorem taxes;
provided, however, that the Council may provide for other appropriate methods of collection by
resolution(s) of the Council. The City Manager of the City (or the City Manager's designee) is
hereby authorized and directed to provide all necessary information to the auditor/tax collector
of the County of Santa Clara in order to effect proper billing and collection of the Special Tax, so
that the Special Tax shall be included on the secured property tax roll of the County of Santa
Clara for fiscal year 2013-14 and for each fiscal year thereafter, as set forth in Section One
above, until no longer required to pay for the Services or until otherwise terminated by the City.
SECTION SIX: If for any reason any portion of this Ordinance is found to be invalid, or if the
Special Tax is found inapplicable to any particular parcel within the CFD, including the
Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the
application of the Special Tax to the remaining parcels within the CFD, including the Annexation
Territory, shall not be affected.
SECTION SEVEN: The Mayor shall sign this Ordinance and the City Clerk shall cause the
same to be published immediately after its passage at least once in a newspaper of general
circulation circulated in the City.
SECTION EIGHT: This Council affirms the provisions of Ordinance No. 2163 except to the
extent any terms of such Ordinance are inconsistent with the provisions of this Ordinance, in
which case the terms of this Ordinance shall govern.
SECTION NINE: This Ordinance shall become effective (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.
PASSED AND ADOPTED this 21st day of May , 2013 by the following roll call
vote:
AYES COUncilmemberS: xotowski, saker, Waterman, i,ow
NOES Councilmembers: None
ABSENT : Councilmembers: cristina J
APPROVED: _,
Evan D. Low, Mayor
ATTEST:
~.c
Anne Bybee, i y erk