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CC Resolution 12909 - Permanent Parklet Grant ProgramRESOLUTION NO. 12909 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ISSUANCE OF AMERICAN RECOVERY PLAN ACT (ARPA) FUNDS IN THE FORM OF GRANTS THROUGH A SEMI- PERMANENT PARKLET GRANT PROGRAM TO ASSIST ELIGIBLE BUSINESSES WITH THE CONSTRUCTION OF SEMI -PERMANENT PARKLETS IN DOWNTOWN CAMPBELL TO SUPPORT EXPANDED OUTDOOR DINING AND BUSINESS OPERATIONS IN THE DOWNTOWN. WHEREAS, on July 5, 2022, the Campbell City Council adopted Resolution 12859 which established a Semi -Permanent Parklet Program in Downtown Campbell to support expanded outdoor dining and business operations in the Downtown; WHEREAS, on October 4, 2022, the City Council directed City staff to develop a Grant Program to provide support for applicants of the Semi -Permanent Parklet Program in order to support for the continued economic vitality of Downtown Campbell and assist businesses still recovering from the COVID-19 pandemic; WHEREAS, the City desires to establish a Semi -Permanent Parklet Grant Program using $400,000 of American Recovery Plan Act (ARPA) funds to support up to 16 grants (depending on the number of approved applications, the minimum grant shall be up to $25,000 and the maximum grant shall be up to $40,000) to assist businesses with the construction of Semi -Permanent Parklets in the Downtown; and ` WHEREAS, the administration of the Semi -Permanent Grant Program and terms and conditions for the granting of funds shall be as set forth in Exhibit A. r NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell that the Downtown Campbell Parklet Grant Program be administered with the use of up to $400,000 of ARPA funds and authorize the associated budget adjustment; that grant recipients be subject to the terms and conditions set forth within Exhibit A; that a public hearing be held to disclose all reporting requirements in accordance with California law; and that city shall require a prevailing wage for the construction of the parklets and compliance with administrative requirements. PASSED AND ADOPTED this 15th day of November 2022, by the following roll call vote: AYES: Councilmembers: Gibbons, Lopez, Landry, Resnikoff NOES: Councilmembers: Bybee ABSENT: Councilmembers: None City Council Resolution No. Page 2 of 2 PLN-2022-39 — Authorizinq Grants to Assist with Semi -Permanent Parklets Construction APPROVED Paul Resnikoff, Mayor ATTEST: 'A4dM Andrea Sari ers, City Clerk OV.C&M City of Campbell 0 0 Semi -Permanent Parklet Program �y� CkCHARO •G,F — Exhibit A — Grant Program Application Guidelines — • Total funding for City's grant program capped at $400;000 • Total funding divided by number of approved grants o Maximum grant if less than 10 applicants: up to $40,000 o Minimum grant based 16 parklets: up to $25,000 • If applications exceed 16 (in the order received), a waiting list will be established • Four weeks are allowed for completing application process. Applications then must be deemed complete by application process end date • Grant funds can be used for construction labor and materials related to parklet (identified in contractor's agreement); accessories such as heaters, heat source, furniture, plants, etc. not eligible • Upon completion of parklet and submittal of receipt and payment copies that document qualified expenses, applicant is reimbursed up to between $25,000 or $40,000 depending on the number of approved applications • City is also providing $3000 for design/engineering for construction plans. 2 El�bility criteria for grant • Business must submit a statement of need for grant that addresses but is not limited to the following: o How will the parklet assist the business with recovery from economic impacts from the COVID-19 pandemic? o How will the grant help the business maintain or increase the number of employees? o The business must be able to cover the cost of parklet if it is more than grant amount. o Other ways the grant and parklet will assist the business. • Business owner or property owner can apply for grant (whoever constructs the parklet). • The property owner is required to sign the grant application and agreement between the City and the approved applicant. • Applicant must be in good standing by having (consistent with adopted Parklet Guidelines): o Active business license; o All permits in good standing (e.g., Use Permit, Live Entertainment, Outdoor Dining, etc.); o No use permit violations; o No active code enforcement nor permit revocation action Applicant must have approved parklet permit for final approval of grant Page 2 of 2 • City will use online application for grant and parklet permit that requires the following: o Statement of Need o Signed W-9 (for grant) o Copy of current business license • Economic development staff will do first review and notify businesses of incomplete application with assistance from building, code enforcement, planning and finance. Final approval of grant application the City Manager or designee, the Community Development Director, and the Finance Director. • Applicant will need letter from contractor acknowledging compliance with state prevailing wage law requirements and ability to provide Certified Payroll records if requested. • Applicants will need to submit a W-9; grants are subject to a 1099 issued by the City; businesses are advised to check with tax advisor regarding tax reporting. • Grants are based on reimbursement for qualified expenses when the project is completed and all receipts for eligible costs are submitted and verified by the finance department. Finance department will issue check for reimbursement. • All records and information pertaining to the grant application are considered public information. • City may deny reimbursement for otherwise qualified expenses. • State law AB 562 requires public hearing, economic benefit (jobs and tax revenue projections), posting of names of grant recipients and amounts on City web site, report to state in five years. Public hearing will follow November 15 council meeting. • Parklets will be owned by property owner • Applicants must submit all required information to establish eligibility by the application review deadline.