Campbell City Council
October 17, 2023

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

NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public follow the guidance of the California Department of Health Services', and the County of Santa Clara Health Officer Order, to help control the spread of COVID -19. Additional information regarding COVID-19 is available on the City's website at www.campbellca.gov.

This City Council Regular meeting will be conducted in person as well as telecommunication and is compliant with provisions of the Brown Act.

The City Council meeting will be live -streamed on Channel 26 or Channel 88, the City's website and on YouTube https://www.youtube.com/user/CityofCampbell for those who only wish to view the meeting.

Those members of the public wishing to provide public comment virtually are asked to register in advance at: https://www.campbellca.gov/signup. After registering, you will receive a confirmation email containing information about joining the meeting. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers.

Public comment will also be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the Council. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, October 17, 2023 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Presentation of State ADA Funding
Recommended Action: Accept presentation from Assemblymember Marc Berman's Office regarding fund ing from the State of California for City Hall ADA improvements.

COMMUNICATIONS AND PETITIONS

ORAL REQUESTS

NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.

COUNCIL ANNOUNCEMENTS

CONSENT CALENDAR
NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of City Council, City staff, or a member of the public.

Any person wishing to speak on any item on the consent calendar should ask to have the item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.

2. Minutes of City Council Executive Session Meeting of September 19, 2023 Recommended Action: Approve the executive session meeting minutes of September 19, 2023.

3. Minutes of City Council Study Session Meeting of October 3, 2023 Recommended Action: Approve the study session meeting minutes of October 3, 2023.

4. Minutes of City Council Regular Meeting of October 3, 2023 Recommended Action: Approve the regular meeting minutes of October 3, 2023.

5. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $5,843,122.68

6. Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing Subsequent Repairs Per the Executed Contract Services Agreement with Burr Plumbing and in Accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 (Resolution/ Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) accepting updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizing subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contract s Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in the event of an emergency, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is te rminated, to determine, by a 4/5 vote, that there is a need to continue the action.

7. Resolution Approving and Awa rding a Contract with Brightview Tree Care Services, Inc., in an Amount Not to Exceed $150,000, to Provide Tree Maintenance Services for a Pe riod of Up to One (1) Year, with Options for the City to Renew Up to Four (4) Additional One (1) Year Service Contr acts,

for a Total of Up to Five (5) Years; and Authorizing the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section

3.20.100 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) approving and awarding a contract with Brightview Tree Care Services, Inc., in an amount not to exceed $150,000, to provide tree maintenance se rvices for a period of up to one (1) year, with options for the City to renew up to four (4) additional one (1) yea r service contracts, for a total of up to five (5) years, and as specified in Campbell Municipal Code (CMC) Section 3.20.030(6) which allows the City to procure these services based on the results of a competitive bid process conducted by the Town of Los G atos and their subsequent award of contract to Brightview on June 20, 2023; and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

8. Acceptance of Donations from the Campbell Police Foundati on (Resolution/Roll Call Vote)
Recommended Action: It is recommended that the City Council adopt a resolution to accept donations in the ag gregate amount of $17,459.24 from the Campbell Police Foundation for a therapy dog, equipment, and support for the Campbell Police Department.

9. Fiscal Year 2023 Year-End Fiscal Update (Resolution/Roll Call Vote) Recommended Action: It is recommended that the City Council receive an update on un -audited Fiscal Year (FY) 2023 year -end General Fund actual revenues and expenditures and adopt a Resolution authorizing year-end correcting Budget Adjustments.

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
NOTE: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

NEW BUSINESS

10. Amendment to the Classification and Salary Plan – Plan Check Examiner (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution amending the Classification and Salary Plan to add a new classif ication and corresponding salary range for a Plan Check Examiner and approving a corresponding budget adjustment.

11. Resolution Authorizing the Issuance of a Request for Qualifications (RFQ) for Operation and Management of the Campbell Heritage Theatre an d Authorizing the City Manager to Negotiate Services Agreement (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing issuance of a Request for Qualifications (RFQ) for Operation and Management of

the Campbell Heritage Theatre and authoriz ing the City Manager to negotiate a Services Agreement with the most qualified firm.

12. Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution approving an agreement setting forth terms under which the City of Campbell accepts the 2024 Selective Traffic Enforcement Program Grant from the State of California - Office of Traffic Safety, authoriz ing the City Manager to execute the agreement, and approving a budget adjustment to recognize the grant revenue and corresponding grant related expenditures.

13. Review and Provide Feedback on the Development of New Housing Overlay Zoning Districts and Related Amendments to the Campbell Municipal Code and Zoning Map.

Recommended Action: That the City Council receive the report and provide feedback on the development of three new Housing Overlay zoning districts and related amendments to the Campbell Municipal Code and Zoning Map.

UNFINISHED BUSINESS

COUNCIL COMMITTEE REPORTS

14. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.

ADJOURN
IMPORTANT NOTICE: Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbell, CA 95008, during normal business hours. These materials will also be available on the City website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet following t he last item of the agenda, subject to staff’s ability to post t he documents prior to the meeting. All documents not posted prior to the meeting will be posted the next business day.

In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the City Council Chambers. If you require accommodation, please contact the City Clerk’s Office, (408) 866-2117, at least one week in advance of the meeting.

City
Council
Report

TITLE: Presentation of State ADA Funding

RECOMMENDED ACTION

Accept presentation from Assemblymember Marc Berman's Office regarding funding from the State of California for City Hall ADA improvements.

BACKGROUND

In April 2023, the City Manager submitted to Assemblymember Mar c Berman’s Office a request for funding from the State of California (State) to financially assist the City of Campbell (City) with needed renovations to City Hall , in compliance with the City’s Americans with Disabilities Act (ADA) Transition Plan. The Assemblymember worked to support the request in the State ’s budget approval process. Mr. Berman’s o ffice has since notified the City that the State included in its approved budget $500,000 to help the City fund ADA updates to its City Hall.

DISCUSSION

At the October 17, 2023 City Council meeting, Assemblymember Mar c Berman’s Office will be pr oviding the City Council with information regarding funding the State has allocated to the City to support ADA improvements to its facilities . Specifically, the State has included in its approved budget a total of $500,000 for the City to update its City Hall. This funding is antic ipated to be distributed to the City at the end of th e current fiscal year, in June 2024.

FISCAL IMPACT

At the end of Fiscal Year 2024, t he City will be receiving funding from the State that will increase the City’s General Fund by $500,000.

Prepared by:

Angelique Gaeta, Assistant City Manager
Item: 1
Category: SPECIAL PRESENTATIONS

AND PROCLAMATIONS
Meeting Date: October 17, 2023
1 Packet Pg. 5
Presentation of State Funding for City Hall ADA Improvements Page 2 of 2 Reviewed by:

Brian Loventhal, City Manager
1 Packet Pg. 6

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

CITY COUNCIL EXECUTIVE SESSION
Tuesday, September 19, 2023 – 6:30 PM
Doetsch Conference Room
70 N. First Street, Campbell, California

This City Council meeting was duly notice d pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).

CALL TO ORDER

The City Council of the City of Campbell convened this day in the special meeting place, at Campbell City Hall, 70 N. First Street, Campbell California in the Council Chambers.

ROLL CALL

Attendee Name Title Status
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present
Dan Furtado Councilmember Present
Susan M. Landry Vice Mayor Present
Anne Bybee Mayor Present

PUBLIC COMMENT

There was no public comment.

MOVE INTO CLOSED EXECUTIVE SESSION

A. Personnel – Pursuant to G.C. Section 54957: Public Employee Performance Evaluation – City Manager

B. Litigation

C. Real Property

D. Labor Negotiations – Pursuant to G.C. Section 54 957.6: Conference with Labor Negotiator - Agency Designated Representatives: City Council and City Manager Performance/Compensation Subcommittee Members: Anne Bybee and Susan M. Landry
Unrepresented Employee: City Manager

2 Packet Pg. 7
Minutes Acceptance: Minutes of Sep 19, 2023 6:30 PM (CONSENT CALENDAR)

Minutes of September 19, 2023 City Council Meeting Page 2

The City Council met in Execu tive Session to discuss Items A and D. City Manager Loventhal was in attendance.

APPROVED:

ATTEST:

Anne Bybee, Mayor

Andrea Sanders, City Clerk
2 Packet Pg. 8
Minutes Acceptance: Minutes of Sep 19, 2023 6:30 PM (CONSENT CALENDAR)

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

STUDY SESSION OF THE CAMPBELL CITY COUNCIL
Tuesday, October 3, 2023 – 6:00 PM
City Hall Council Chamber
70 N. First St., Campbell, California

This City Council meeting was dul y noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).

CALL TO ORDER
The City Council of the City of Campbell convened this day in the special meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.

ROLL CALL
Attendee Name Title Status
Anne Bybee Mayor Present
Susan M. Landry Vice Mayor Remote
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present

PUBLIC COMMENT
There was no public comment.

NEW BUSINESS

1. Cities Association of Santa Clara County’s Proposed Joint Powers Agreement to Establish the Cities Association of Santa Clara County Joint Powers Agency
Recommended Action: That the City Council review and provide direction to st aff on the proposed Joint Powers Agreement (JPA) from the Cities Association of Santa Clara County (CAS CC) to establish the Cities Association of Santa Clara County Joint Powers Agency.

CASCC Executive Board of Directors 1 st Vice President Neysa Fligor and Executive Director Shali Sirkey, gave a presentation to the City Council. They provided information on the history of the CASCC; highlighted their accomplishments; reviewed what a Joint Powers Authority (JPA) is; the benefits to joining a JPA; highligh ts of the CASCC draft JPA agreement; budget and membership dues; and next steps if the JPA is approved.

3 Packet Pg. 9
Minutes Acceptance: Minutes of Oct 3, 2023 6:00 PM (CONSENT CALENDAR)

Minutes of October 3, 2023 City Council Meeting Page 2 City Manager Loventhal stated that this item is expected to return to the City Council on November 7.

In response to an inquiry, Ms. Fligor stated tha t if by November, nine Cities want to be part of the JPA, they will move forward. Cities not joining the JPA now could join at any time.

The City Council discussed the potential benefits to joining the JPA.

Vice Mayor Landry asked for further clarificati on on wh at grant funding the CASCC would obtain and if that would conflict with grant funding that individual cities were seeking.

The City Council expressed appreciation for the presentation and encouraged other cities to participate in the process.

ADJOURN
Mayor Bybee adjourned the meeting at 7:09 PM
APPROVED:

ATTEST:

Anne Bybee, Mayor

Andrea Sanders, City Clerk

3 Packet Pg. 10
Minutes Acceptance: Minutes of Oct 3, 2023 6:00 PM (CONSENT CALENDAR)

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, October 3, 2023 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

This City Council meeting was duly noticed pursu ant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).

This meeting was recorded and can be viewed in its entirety at www.campbellca.gov/agendacenter.

CALL TO ORDER
The City Council of the City of Campbell convened this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.

ROLLCALL
Attendee Name Title Status
Anne Bybee Mayor Present
Susan M. Landry Vice Mayor Remote
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Shirley Loffer in recognition of her service as the City of Campbell Sourcewise Advisory Council representative.

Mayor Bybee presented Ms. Loffer with a Certificate of Appreciation for leading the Pledge of Allegiance.

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Proclamation Declaring the Month of October as “National Breast Cancer Awareness Month” in the City of Campbell
Recommended Action: It is recommended that the City Council proclaim the month of October as “National Breast Cancer Awareness Month” in the City of Campbell.

4 Packet Pg. 11
Minutes Acceptance: Minutes of Oct 3, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 3, 2023 City Council Meeting Page 2 Mayor Bybee issued the American Cancer Society a Proclamation and proclaimed the month of October as “National Breast Cancer Awareness Month” in the City of Campbell.

2. Recognize Shirley Loffer for Serving Two Terms (Six Years) as the Sourcewise Advisory Council Representative for the City of Campbell Recommended Action: That the City Council recognize Shirley Loffer for serving two terms (six years) as the Sourcewise Advisory Council Representative for the City of Campbell.

Senior Services Supervisor Tina Wong -Erling introduced Sourcewise Advisory Council representative and thanked her for your service.

The City Council thanked Ms. Loffer for her leadership and contribution to the community.

Mayor Bybee presented Shirley Loffer a Certificate of Appreciation for serving two terms (six years) as the Sourcewise Advisory Coun cil Representative for the City of Campbell.

Ms. Loffer thanked the City Council, Civic Improvement Commission and staff, stating how it has been an honor to serve the community and a wonderful experience.

3. 2023-2024 Campbell Youth Commission Introduction
Recommended Action: Receive the Campbell Youth Commission presentation.

Recreation Coordinator and Youth Commission staff liaison, Gracey Ferrel introduced the item.

Youth Commission Chair, Chloe Oliveira introduced the 2023 -2024 Campbell Youth Commissioners.

Youth Commissioners Vineet Rao and Ayaan Raza presented the Commission’s workplan items. They noted that the Commission would return at mid -year to provide updates on their items.

Councilmembers thanked the Commission for taking the time to d evelop th ese important goals and workplans.

Councilmember Lopez requested that staff look at future opportunities for the Youth Commission to collaborate with the Council.

4. SVCE Electric Showcase Award Presentation
Recommended Action: Accept Presentat ion from Silicon Valley Clean Energy Awarding Judy Wang, A Campbell Resident, the 2023 Electric Showcase Award for Her Efforts to Reduce Greenhouse Gas Emissions.

4 Packet Pg. 12
Minutes Acceptance: Minutes of Oct 3, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 3, 2023 City Council Meeting Page 3 Mayor Bybee opened the item and asked Councilmember Scozzola and Silicon Valley Clean Energy Board of Directors member to introduce the item.

Councilmember Scozzola introduced Pamela Leonard of Silicon Valley Clean Energy (SVCE) to speak about the SVCE Electric Showcase Award presentation.

Pamela Leonard, SVCE Deputy Director of Marketing and Communications spoke of the Electric Showcase Awards to recognize people in the community who are leading the way in electrifying their buildings. Of the 16 winners was Judy Wang, a Campbell resident wh o upgraded to a heat pump water heater, an electric vehicle and has rooftop solar.

The City Council congratulated Judy Wang on the recognition and thanked SVCE for their presentation.

COMMUNICATIONS AND PETITIONS
There are no communications and petitions.

ORAL REQUESTS

Rich Culbertson spoke in favor of the Measure O Police and Library projects and was looking forward to when the full service Campbell library will be available again. He requested the City website be updated with new information pertaining to Measure O.

COUNCIL ANNOUNCEMENTS
October is Nationa l Domestic Violence Awareness Month. October was first declared as National Domestic Violence Awareness Month in 1989. Since then, October has been a time to acknowledge domestic violence survivors a nd raise awareness.

Domestic violence is prevalent in every community and affects all people. If you, or a loved one, are experiencing domestic violence and need assistance, call Safe Chat Silicon Valley at (408) 279-2962.

Portions of Santa Clara County have been placed under quarantine for the Oriental Fruit Fly following the detection of multiple flies in Santa Clara and surrounding counties.

Detections in the cities of Santa Clara County have resulted in a quarantine zone covering 112 square miles wh ich in include some areas in Campbell. To find out mor e about this pest, and quarantine boundaries, please visit cdfa.ca.gov.

The City Clerk’s office is ac cepting applications for two positions in the Bicycle and Pedestrian Advisory Committee. These are full term appointments expiring August 2028. To find out more about this Committee, or to apply, please contact the City Clerk’s office at (408) 866-2117 or visit the city’s website at campbellca.gov.

The Heritage Theatre will kick off their first show this season with Queen of the Night:

Remembering Whitney. A tribute to Whitney Hou ston starring Trina Johnson Finn. The 4 Packet Pg. 13
Minutes Acceptance: Minutes of Oct 3, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 3, 2023 City Council Meeting Page 4 concert will be on Saturday, October 7 at 8:00 pm in the Heritage Theatre. Tickets ca n be purchased at heritagetheatre.org.

Assemblymember Marc Berman is hosting a virtual Youth Town Hall event on Saturday, October 14 from 12:00 to 1:30pm. This event is open to all teens and you ng adults who want to engage with their elected official. To find out more, call (650)324-0224.

The City of Campbell will host its Annual Citywide Garage Sa le on Saturday, October 14 from 8:00am to 4:00pm. For sale and map locations, please visit the city’s website at cambellca.gov.

Come out with your family and friends for the 28 th annual Oktoberfest on Saturday, October 21 and Sunday, October 22 from 10:00am to 6:00pm. There will be a Beer Garden filled with top notch German beers, mouthwatering authentic German food and music, and 100+ arts and craft booths in the downtown area.

There is still time to participate in the 16 th annual Oktoberfest 5K and 10K Fun Run at Campbell Park on Saturday, October 21 at 9:00am . For more information, please visit campbellca.gov.

Free Youth Heart Screening at the Campbell Community Center, Orchard City Banquet Hall on Saturday, October 28 from 9:00am to 4:00pm. For additional information, please visit campbellca.gov.

CONSENT CALENDAR

Mayor Bybee asked if anyone wished to remove an item from the Consent Calendar.

The Consent Calendar was considered as follows:

5. Minutes of City Council Regular Meeting of September 19, 2023 Recommended Action: Approve the regular meeting minutes of September 19, 2023.

This action approves the regular meeting minutes of September 19, 2023.

6. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $1,091,152.85.

This action approves t he bills and claims in the amount of $1,091,152.85, as follows: bills and claims checks dated September 4, 2023, in the amount of $845,499.77; bills and claims checks dated September 11, 2023, in the amount of $212,189.82; and payroll checks dated Septembe r 14, 2023, in the amount of 33,463.26.

7. Monthly Investment Transactions Report (August 2023) Recommended Act ion: That the City Council review and accept the Monthly Investment Transactions Report for August 2023.

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Minutes Acceptance: Minutes of Oct 3, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 3, 2023 City Council Meeting Page 5 This action reviews and accepts the M onthly Investment Transactions Report for August 2023.

8. Monthly Treasurer's Report (August 2023)
Recommended A ction: That the City Council review and accept the Monthly Treasurer’s Report for the month ended August 31, 2023.

This action reviews and acc epts the Monthly Treasurer’s Report for the month ended August 31, 2023.

9. Second Reading of Ordinance 2297 to Approve a City -Initiated Text Amendment to the Campbell Municipal Code by Adding Chapter 11.13 for Wireless Communication Facilities in the Publ ic Right-Of-Way (Other Than Small Cell Wireless Facilities); and Second Reading of Ordinance 2298 Amending Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right-Of-Way (Ordinances/Roll Call Vote) Recommended Action: That the City Council approve the second readings and adopt Ordinance 2297 adding Chapter 11.13 to the Campbell Municipal Code for Wireless Communication Facilities in the Public Right -of-Way (Other Than Small Cell Wireless Facilities); and adopt O rdinance 2298 amending Chapte r 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right-of-Way.

Ordinance 2297 adds Chapter 11.13 to the Campbell Municipal Code for Wireless Communication Facilities in the Public Right -of-Way. (Other Than Small Cell Wireless Facilities)

Ordinance 2298 amends Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right-of-Way.

10. Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing Subsequent Repairs Per the Executed Contract Services Agreement with Burr Plumbing and in Accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) accepting updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizing subsequent repairs per the executed contract services agreement with Burr Plumbing and in ac cordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public mon ey to safeguard life, health, or property in the event of an emergency, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.

Resolution 13058 accepts updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and authorizes subsequent 4 Packet Pg. 15
Minutes Acceptance: Minutes of Oct 3, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 3, 2023 City Council Meeting Page 6 repairs per the executed contract services agreement with Burr Plumbing and in accordance w ith California State Public Contracts Code (PCC) Sections 20168 and 22050.

11. Accept Improvements for the Campbell Park Improvements Project No. 17 - DD and File Notice of Completion
Recommended Action: That the City Council ad opt a resolution accepting th e improvements for the Campbell Park Improvements Project No. 17 -DD; directing the City Engineer to file the Notice of Completion; and authorizing the Finance Director to perform a budget adjustment.

Resolution 13059 accepts t he improvements for the Campb ell Park Improvements Project No. 17 -DD; directs the City Engineer to file the Notice of Completion; and authorizes the Finance Director to perform a budget adjustment.

M/S: Landry/Lopez - That the City Council approve the Cons ent Calendar.

The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

Mayor Bybee asked if anyone had any disclosures to make in regard to the Public Hearing Items.

Vice Mayor Landry disclosed that she had met with the project site representatives.

Councilmember Lopez disclosed that he had met with the design team.

12. Public Hearing to Consider an Appeal of the Planning Commission’s Denial of a Conditional Use Permit with Site and Architectural Review to Allow Reconstruction of a Shell Gasoline Service Station with an Expanded Convenience Store Including Off -Site Alcohol Beverage Sales, a Driv e- Through C arwash, and 24 -Hour Operational Hours; and a Tree Removal Permit Removal of All On -Site Trees, for Property Located at 570 E.

Hamilton Avenue. File No.: PLN-2022-44 (Resolution/Roll Call Vote) Recommended Action: That the City Council consider the request for continuance of the public hearing to a date certain of November 7, 2023.

This is the time and place for a public hearing to consider an appeal of the Planning Commission’s denial of a Conditional Use Permit with Site and Architectural Review to allo w reconstruction of a Shell Gasoline Service Station with an expanded convenience store including off -site alcohol beverage sales, a drive-through carwash, and 24 -hour operational hours; and a Tree Removal Permit R emoval of all on -site trees, for property located at 570 E. Hamilton Avenue.
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Minutes Acceptance: Minutes of Oct 3, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 3, 2023 City Council Meeting Page 7

Community Development Director Eastwood noted that a request for continuance until November 7, 2023, was received by the applicant.

Mayor Bybee opened the public hearing and asked if anyone wished to speak.

There were no public speakers.

The Council discussed continuing the item or hearing the appeal.

After discussion, M/S: Furtado/Landry - That the City Council approve the request for continuance of the public hearing to a date certain of November 7, 2023. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Landry
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

NEW BUSINESS

13. 2023 Oktoberfest Special Event Permit and Fee Waiver Request (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving the Campbell Chamber of Commerce’s application for a Downtown Special Event Permit for their 2023 Oktoberfest event; and, consider a resolution approving the Campbell Chamber of Commerce’s request to approve a fee waiver with a not to exceed permit fee of $35,000.

Assistant City Manager Gaeta presented a staff report dated October 3, 2023.

Following Council questions, Mayor Bybee asked if anyone wished to speak on this item.

Terry Hines, Campbell resident and business owner, spoke in support of the Campbell Chamber of and asked the Council to approve thei r fee waiver request of a not exceed permit fee of $35,000.

Ken Johnson, Executive Director of the Campbell Chamber of Commerce , stated that in recent years the Chambers’ event permit fees have nearly tripled. He noted that these events bring a lot of people to the downtown area and asked the City Council to approve the fee waiver request of a not exceed permit fee of $35,000 for the 2023 Oktoberfest event.

A majority of the Council stated support for the Chamber’s fee waiver request.

Councilmembers discussed having a future item to review the Special Events Policy and future Chamber special events.

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Minutes Acceptance: Minutes of Oct 3, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 3, 2023 City Council Meeting Page 8 After discussion, M/S: Lopez/ Scozzola – That the City Council adopt Resolution 13060 approving the Campbell Chamber of Commerce’s application for a Downtown Special Event Permit for their 2023 Oktoberfest event. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Scozzola
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

M/S: Lopez/Scozzola – That the City Council adopt Resolution 13061 approving the Campbell Chamber of Commerce’s request to approve a fee waiver with a not to exceed p ermit fee of $35,000. The motion was ado pted by the following roll call vote:

RESULT: ADOPTED [4 TO 1]
MOVER: Lopez
SECONDER: Scozzola
AYES: Landry, Furtado, Lopez, Scozzola
NAYS: Bybee

14. Water Tower Lighting Policy Updates (Resolution/Roll Call Vote) Recommended Action: That the City Counc il adopt a Resolution updating the Water Tower Lighting Policy to add Indigenous Peoples' Day to the same day the City lights the Water Tower to recognize the Columbus Day Holiday; and, provide direction to staff regarding the color theme in observance of both.

Assistant City Manager Gaeta presented a staff report dated October 3, 2023.

Following Council questions, Mayor Bybee asked if anyone from the public wished to speak. There were no public speakers.

Councilmember Scozzola stated support for adding Indigenous Peoples’ Day and removing the Columbus Day Holiday.

Councilmember Furtado suggested recognizing both holidays. He also suggested lighting the Water Tower brown to represent Earth, and blue to represent the sky for Indigenous Peoples’ Day.

Vice Mayor Landry suggested recognizing both Columbus Day and Indigenous Peoples’ Day on separate dates. In addition to brown and blue, Vice Ma yor Landry suggested adding green to represent nature as one of the colors to light the Water Tower in recognition of Indigenous Peoples’ Day.

Councilmember Lopez stated support for adding Indigenous Peoples’ Day. While he recognized the symbolism of the holiday, he recommended removing the Columbus Day Holiday from the Water Tower Lighting schedule. 4 Packet Pg. 18
Minutes Acceptance: Minutes of Oct 3, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 3, 2023 City Council Meeting Page 9

Mayor Bybee stated support for recognizing both Columbus Day and Indigenous Peoples’ Day since they are both recognized at a Federal level.

The Council d iscussed an appropriate date to the light the Water Tower in recognition of Indigenous Peoples’ Day.

After discussion, Councilmember Scozzola made a motion to update the Water Tower Lighting Policy to remove Columbus Day, recognize Indigenous Peoples’ Da y and light the Water Tower in brown, blue and green, representing Earth, sky and nature.

Councilmember Lopez made a friendly amendment, to light the Water Tower on a date specified by the State of California’s guidelines.

Councilmember Scozzola accepted the friendly amendment.

The motion was as follows: M/S: Scozzola/Lopez - That the City Council adopt Resolution 13062 updating the Water Tower Lighting Policy to remove Columbus Day, recognize Indigenous Peoples’ Day on a date specified by the State o f California’s guidelines and light the Water Tower in brown, blue and gre en, representing Earth, sky and nature. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [4 TO 1]
MOVER: Scozzola
SECONDER: Lopez
AYES: Landry, Furtado, Lopez, Scozzola
NAYS: Bybee

UNFINISHED BUSINESS

15. Legislative Advocacy Principles Update
Recommended Action: Approval of Updates to the Legislative Advocacy Principles Policy as recommended by the Legislative Subcommittee.

Assistant City Manager Gaeta presented a staff report dated October 3, 2023.

Following Council questions, Ma yor Bybee asked if anyone from the public wished to speak. There were no public speakers.

Legislative Subcommittee members, Mayor Bybee and Councilmember Lope z stated support for the updates noting that the basis of the current changes were to allow for more flexibility and incorporate feedback from not only the Subcommittee but prior and current Councilmembers.

After discussion, M/S: Lopez/Landry – That the City Council approve the updates to the Legislative Advocacy Principles Policy as recommended by 4 Packet Pg. 19
Minutes Acceptance: Minutes of Oct 3, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of October 3, 2023 City Council Meeting Page 10 the Legislative Subcommittee. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Landry
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

COUNCIL COMMITTEE REPORTS

16. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.

Councilmember Furtado attended the League of California Cities 2023 Annual Conference in Sacramento; and attended a workshop sponsored by the Silicon Valley Regional Interoperability Authority’s Board of Directors and Working Committee Workshop.

Councilmember Lopez attended the Silicon Valley Clean Energy Finance and Audit Committee meeting; the Bay Area Quality Management District, Board of Directors meeting, the Sa nta Clara Valley Transportation Authority Safety Security and Transit Operations Committee meeting; the Open House and Ribbon Cutting Ceremony for Senator Jose Becker with Mayor Bybee; and the League of California Cities meeting where he was sworn in as Tr easurer of the League of CA Cities Peninsula Division; and spoke of their upcoming luncheon event on October 6, 11:00 am to 1:00 p.m. in Mountain View to discuss the topic of mental health.

Mayor Bybee attended the Silicon Valley Animal Control Authority meeting, the West Valley Mayors and Managers meeting with City Manager Loventhal; the Community Health Fair hosted by Assemblymember Marc Berman at Castlemont School.

ADJOURN
Mayor Bybee adjourned the meeting at 9:11 PM
APPROVED:

ATTEST:

Anne Bybee, Mayor

Andrea Sanders, City Clerk

4 Packet Pg. 20
Minutes Acceptance: Minutes of Oct 3, 2023 7:30 PM (CONSENT CALENDAR) City
Council
Report
TITLE: Approving Bills and Claims

RECOMMENDED ACTION
Approve the bills and claims in the amount of $5,843,122.68

DISCUSSION
The bills and claims that have been audited and approved by staff for payments made as noted below:

Type Check Date Amount
Bills & Claims September 18, 2023 $760.504.11
Bills & Claims September 25, 2023 $5,011,826.43
Payroll September 28, 2023 $70,792.14
Total $5,843,122.68

FISCAL IMPACT
Requested action does not require a budget adjustment. Adequate funding was available to cover all expenses as listed.

Prepared by:

Celia Deniz, Accounting Clerk II
Item: 5
Category: CONSENT CALENDAR
Meeting Date: October 17, 2023
5 Packet Pg. 21
Reviewed by:

Will Fuentes, Finance Director

Approving Bills and Claims Page 2 of 2
Brian Loventhal, City Manager
5 Packet Pg. 22
Approved by:

City
Council
Report

TITLE: Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing Subsequent Repairs Per the Execute d Contract Services Agreement with Burr Plumbing and in Accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 (Resolution/ Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution: 1) accepting updates o n the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizing subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PC C) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in the event of an emergency, and require t he governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.

BACKGROUND

On July 31, 2023, the City C ouncil adopted Resolution No. 13024 which authorized the issuance of payment to Burr Plumbing (Burr) for all services rendered to -date on the emergency gas line repairs at the Campbell Community Center. The circumstances prompting staff’s initial service request, and the work performed thereafter, also permitted the dispensation of formal bidding procedures as specified in Campbell Municipal Code Sections 3.20.050 and 3.20.030(3), and California State Public Contracts Code (PCC) Section 20168 for services in response to emergency situations threatening the health, safety, or welfare of the public that necessitate this exemption.

Furthermore, the City Council was informed of outstanding repairs that were still required before PG&E could authorize the restor ation of gas services to the remainder of the property, and the opportunity it presented to address critical system deficiencies by implementing other upgrades at the same time. To facilitate these efforts, staff would develop a scope of work and identify a funding strategy to minimize fiscal impacts – with results presented to City Council during a later meeting date where staff would request approval to proceed with the additional repairs, and their associated costs, at that time.

Item: 6
Category: CONSENT CALENDAR
Meeting Date: October 17, 2023
6 Packet Pg. 23
Updates on Remaining Emergency Gas Line Repairs Page 2 of 4

In August 2023, staff finalized the scope of work for the remaining emergency gas line repairs and conducted an informal bid process to solicit proposals from qualified vendors. After evaluating the proposals received, staff selected Burr based on their results as the lowest, responsive bidder ($290,180) and qualifications to complete the remaining repairs in a timely and efficient manner. The results of these efforts were presented during the September 19, 2023, regular meeting, where the City Council approved and awarded a c ontract to Burr Plumbing upon declaring that the public interest and necessity to complete these emergency repairs demanded the immediate expenditure of public money to safeguard life, health, or property from the multiple gas line leaks detected at the Community Center.

Since the anticipated repairs are a continuation of the emergency services that were previously exempt from the City’s formal bidding procedures, their implementation is also subject to the terms set forth in PCC Section 22050 which states that ‘… the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four -fifths vote, that t here is a need to continue the action.

DISCUSSION

In accordance with the state’s requirements, staff will provide an update to the City Council at each regularly scheduled City Council meeting until the repairs are complete.

Each update will contain inf ormation on the work performed to date and request Council’s authorization to continue with subsequent repairs as they apply to the progress of work completed at that time.

As such, the following lists all applicable work/activities that have occurred since the last City Council meeting on October 3, 2023:

Date(s) Work / Activity Performed To Date
October 3, 2023 Execution of Contract Services Agreement completed (signed by all parties, including City Manager).

NEXT STEPS

Based on these updates, the following is a tentative schedule for upcoming (anticipated) work/activities as related to the emergency gas line repairs:

Anticipated Work / Activity Estimated Date(s)
City to issue a Notice to Proceed to Burr Plumbing October 4 – 10, 2023 6 Packet Pg. 24
Updates on Remaining Emergency Gas Line Repairs Page 3 of 4 Commencement of on-site work at the Community Center October 10, 2023, ±

With contract execution complete, the City will issue a Notice to Procced to Burr Plumbing, followed by the official commencement of on -site work at the Community Center. At th is time, staff is requesting Council’s authorization to continue with these efforts as specified in the above tentative schedule for upcoming (anticipated) work/activities and their estimated dates. Staff will return at the next regularly scheduled City C ouncil meeting on November 7, 2023, to provide the Council with additional updates and request authorization to continue with subsequent repairs at that time.

FISCAL IMPACT

There is no fiscal impact with the associated action.

ALTERNATIVES

1. Do not accept the updates and/or authorization for subsequent repairs.

2. Provide alternative direction to staff.

Prepared by:

Carina Shattuck, Administrative Analyst I

Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Brian Loventhal, City Manager

6 Packet Pg. 25
Updates on Remaining Emergency Gas Line Repairs Page 4 of 4 Attachment:
a. Resolution
6 Packet Pg. 26

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ACCEPTING

UPDATES ON THE PROGRESS OF REMAINING EMERGENCY GAS LINE REPAIRS AT THE

CAMPBELL COMMUNITY CENTER AND AUTHORIZING SUBSEQUENT REPAIRS PER THE

EXECUTED CONTRACT SERVICE AGREEMENT WITH BURR PLUMBING AND IN

ACCORDANCE WITH CALIFORNIA STATE PUBLIC CONTRACTS CODE (PCC) SECTIONS 20168 AND 22050 WHICH ALLOW FOR THE DISPENSATION OF FORMAL BIDDING

PROCEDURES WHEN PUBLIC INTEREST AND NECESSITY DEMAND THE IMMEDIATE

EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH, OR PROPERTY IN THE

EVENT OF AN EMERGENCY SITUATION, AND REQUIRE THE GOVERNING BODY TO

REVIEW THE ASSOCIATED EMERGENCY ACTION AT EVERY REGULARLY SCHEDULED MEETING THEREAFTER UNTIL THE ACTION IS TERMINATED, TO DETERMINE, BY A 4/5

VOTE, THAT THERE IS NO NEED TO CONTINUE THE ACTION (RESOLUTION/CONSENT)

WHEREAS, on July 31, 2023, the City Council adopted Resolution No. 13024 which authorized the issuance of payment to Burr Plumbing (Burr) for all services rendered to-date on the emergency gas line repairs at the Campbell Community Center; and

WHEREAS, the circumstances prompting staff’s initial service request, and the emergency work performed thereafter, also permitted the dispensation of formal bidding procedures as specified in Campbell Municipal Code Sections 3.20.050, and 3.20.030(3) for emergency situations threatening the health, safety, or welfare of the public that necessitate this exemption; and

WHEREAS, the City Council was also informed of outstanding repairs that were still required before PG&E could restore gas services to the remainder of the property – including staff’s plans to develop a scope of work and present the results of these efforts to Council during a later meeting date; and

WHEREAS, results were presented during the September 19, 2023, regular meeting, where the City Council subsequently approved an agreement with Burr, in an amount not to exceed $290,180, after declaring that the public interest and necessity to complete these emergency repairs demanded the immediate expenditure of public money to safeguard life, health, or property , as pursuant to California State Public Contracts Code (PCC) Section 20168; and

WHEREAS, since the anticipated repairs are exempt from the City’s formal bidding process, their implementation is subject to the terms set forth in PCC Section 22050 which states that the governing body shall review the emergency action at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action; and

WHEREAS, in accordance with the state’s requirements, the following lists all applicable work/activities that have occurred since the last City Council meeting on October 3, 2023:

• October 3, 2023 – Execution of Contract Services Agreement completed (signed by all parties, including City Manager); and

WHEREAS, based on these updates, the following is a tentative schedule for upcoming (anticipated) work/activities as related to the emergency gas line repairs:

• October 4 – 10, 2023 – City to issue a Notice to Proceed to Burr Plumbing • October 10, 2023, (±) – Commencement of on-site work at the Community Center; and

6.a
Packet Pg. 27
Attachment: Resolution (Updates on Remaining Emergency Gas Line Repairs)

WHEREAS, staff is requesting Council’s authorization to continue with these efforts as specified in the above tentative schedule for upcoming (anticipated) work/activities.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) accepts the updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizes subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in the event of an emergency situation, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action

BE IT FURTHER RESOLVED, upon Council’s authorization, staff will return at the next regularly scheduled City Council meeting on November 7, 2023, to provide the Council with an update on the work performed to date and request Council’s authorization to continue with subsequent repairs as they apply to the progress of work completed at that time.

PASSED AND ADOPTED this _____th day of ________, 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
_________________________________
Anne Bybee, Mayor

ATTEST:
___________________________
Andrea Sanders, City Clerk

6.a
Packet Pg. 28
Attachment: Resolution (Updates on Remaining Emergency Gas Line Repairs)

City
Council
Report

TITLE: Resolution Approving and Awarding a Contract with Brightview Tree Care Services, Inc., in an Amount Not to Exceed $150,000, to Provide Tree Maintenance Serv ices for a Period of Up to One (1) Year, with Options for the City to Renew Up to Four (4) Additional One (1) Year Service Contracts, for a Total of Up to Five (5) Years; and Authorizing the City Manager to Execute Said Agreement as Specified in Campbell M unicipal Code Section 3.20.100 (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution: 1) approving and awarding a contract with Brightview Tree Care Services, Inc., in an amount not to exceed $150,000, to provide tree maintenance services for a period of up to one (1) year, with options for the City to renew up to four (4) additional one (1) year service contracts, for a total of up to five (5) years, and as specified in Campbell Municipal Code (CMC) Section 3.20.030(6) w hich allows the City to procure these services based on the results of a competitive bid process conducted by the Town of Los Gatos and their subsequent award of contract to Brightview on June 20, 2023; and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

BACKGROUND

The City’s Department of Public Works – Maintenance Division is responsible for the maintenance of all City -owned trees to ensure they are safe and aesthetically pleasing for residents and business owners alike. As such, the Landscape Maintenance Section oversees and implements a variety of routine maintenance measures such as pruning, planting, tree removals, stump grinding, watering, and services in response to tree - related emergencies.

During FY 2015/16, the Public Works Department developed a plan that separated the City into 16 Maintenance Zones to improve scheduling practices and management of the City’s routine maintenance activities, including landscaping and tree -related services. As a result, staff developed a tree maintenance schedule to implement these services on a continuous basis while providing a timely response to the needs of incoming service requests. Although such practices have improved overall efficienc y; they still require a significant amount of time and resources to implement – potentially Item: 7
Category: CONSENT CALENDAR
Meeting Date: October 17, 2023
7 Packet Pg. 29
Award Contract with Brightview Tree Care Services Page 2 of 5 impacting staff’s ability to address other critical service needs during inclement weather conditions or other emergency situations.

To mitigate these impacts, the Public Works Department contracts its tree maintenance services to professional providers for a more timely and cost -effective response to the City’s tree maintenance needs. In 2017, staff solicited informal bids (proposals) from contractors intereste d in providing tree maintenance services for a period of five (5) years, and as determined by the Public Works Parks Maintenance Operational Budget (207.775.7432) at the time. In the end, the City awarded a five (5) year service contract to Brightview Tre e Care Services, Inc. (Brightview), who – under the terms of the executed service agreement – would provide the labor and equipment services necessary to assist with the City’s tree maintenance needs through the end of FY 2022/23.

DISCUSSION

In June 202 3, the City reached the end of its five -year contract with Brightview for citywide tree maintenance services. However, staff is still working through the tree maintenance schedules associated with the City’s 16 Maintenance Zones and responding to other se rvice requests as needed – all of which require an extensive amount of time and resources to implement and complete. In turn, this prompted staff to identify a procurement strategy that would facilitate a timely continuation of services while meeting the requirements set forth in the City’s purchasing policies. As a result, staff identified the following option as specified in Campbell Municipal Code (CMC) Section 3.20.030(6) which states that: ‘ the City may elect to purchase supplies, materials or equipme nt directly from a vendor determined to be the lowest responsible bidder as a result of a competitive bid process conducted by the state of California, the county of Santa Clara or any other California county or municipality.’

Around the same time, staf f discovered that the Town of Los Gatos (Los Gatos) had recently conducted a competitive bid process and awarded a contract to Brightview for similar tree maintenance services on June 20, 2023 (see Attachment B). Furthermore, the Request for Proposals (RF P) issued by Los Gatos in April 2023 also included the following: ‘ Section 17. Cooperative Purchasing – It is intended that any other public agency shall have the option to participate in any award made as a result of this solicitation at same prices.’ As such, this opportunity would allow the City to solicit services from Brightview based on the same rates specified in their executed contract with Los Gatos.

In September 2023, after reviewing Los Gatos’s competitive bid process, staff contacted Brightview to confirm that the services and rates from their executed contract with Los Gatos would also be extended to the City of Campbell. In response, Brightview agreed to honor these same rates should the City be interested in offering a contract for simila r services. To ensure that Brightview’s prices were indeed the lowest and most competitive, staff re -evaluated the quotes submitted by other vendors in response to Los Gatos’s earlier RFP process. Overall, staff determined that Brightview’s rates were 7 Packet Pg. 30
Award Contract with Brightview Tree Care Services Page 3 of 5 substantially lower than those offered by local vendors for the same scope of work. As a result, staff has prepared the following cost estimates based on the City’s anticipated service needs (and approximate unit quantities) and those rates included in Brig htview’s contract with Los Gatos:

A. General Services
Description, with Unit Price in Words (Price is
Inclusive of all Applicable Taxes and Fees)
Unit Price
Type
Approx. Unit
Qty / Rate
Extended Price
(Qty x Rate)

1. Annual routine trimming based on tree
trimming in pre-designed districts, grids, or
parks on a set cycle, and includes all trees
(small, medium, and large-sized)
Per Tree 700 @ $105 $73,500
A. General Services (Sub-Total) $73,000
B. Crew Rental and Emergency Services
Fully equipped crew as defined. Includes all
labor, equipment, tools, traffic control, disposal
costs, and zero material markups.

Unit Price
Type
Approx. Unit
Qty / Rate
Extended Price
(Qty x Rate)

1. 3-Man Crew with Equipment Per Hour 40 @ $248 $9,920
B. Crew Rental and Emergency Services (Sub-Total) $9,920 C. Other Costs
Description, with Unit Price in Words (Price is
Inclusive of all Applicable Taxes and Fees)
Unit Price
Type
Approx. Unit
Qty / Rate
Extended Price
(Qty x Rate)

1. Cost for crown, trees requiring trimming more
than 25% of foliage at one time, or crown
shaping or crown reduction.

0-6”
7-12”
13-18”
19-24”
25” and over

Per Tree
Per Tree
Per Tree
Per Tree
Per Tree

3 @ $80
10 @ $105
10 @ $160
10 @ $259
20 @ $314

$240
$1,050
$1,600
$2,590
$6,280

2. GPS Tree Inventory Data Collection Per Tree Site 12,000 @ $4 $48,000 C. Other Costs (Sub-Total) $59,760
Grand Total (A + B + C) $142,680

Based on these estimates, staff recommends awarding a service contract to Brightview, in an amount not to exceed $150,000, to perform tree maintenance services work through FY 2023/24 and as budgeted in the current Public Works Parks Maintenance Operational Budget (207.775.7432). Additionally, the contract’s terms of service will include options for the City to renew up to four (4) additional one (1) year service contracts, for a total of up to five (5) years, with subsequent contract amounts not to exceed the balance of funds available in the Parks Maintenance Operational Budget for each fiscal year thereafter. If successfully renewed each year, the last year of services under these terms would conclude at the end of FY 2027/28.
7 Packet Pg. 31
Award Contract with Brightview Tree Care Services Page 4 of 5

This multi-year option will allow staff to re -evaluate their service needs at the end of each contract year while planning accordingly for s ubsequent years. Should budget adjustments be required to accommodate these needs, they will only be implemented pending the availability of funds in the Parks Maintenance Operating Budget at that time.

NEXT STEPS

Staff is recommending City Council’s ap proval and award of a contract with Brightview Tree Care Services, Inc., in an amount not to exceed $150,000, to provide tree maintenance services for a period of up to one (1) year, with options for the City to renew up to four (4) additional one (1) year service contracts, for a total of up to five (5) years, with annual contract amounts not to exceed the balance of funds available in the Parks Maintenance Operational Budget for each fiscal year thereafter. Staff’s recommendation is also in accordance wi th Campbell Municipal Code (CMC) Section

3.20.030(6), which allows the City to procure these services based on the results of the competitive bid process conducted by the Town of Los Gatos and their subsequent award of contract to Brightview on June 20, 2023.

Per the terms of this agreement, services will commence only after the contract has been fully executed; therefore, staff is requesting Council’s authorization for the City Manager to execute said agreement as specified in Campbell Municipal Code Sec tion

3.20.100. Upon this authorization, staff will incorporate the applicable details into the City’s standard Contract Services Agreement (see Attachment C) and prepare a final copy for distribution to all appropriate parties for review and signatures.

FISCAL IMPACT

This action will have a fiscal impact of $150,000 for the current fiscal year (FY 2023/24).

Sufficient funding is available in the Public Works Parks Maintenance Operational Budget (207.775.7432) to award the associated contract and imp lement services during FY 2023/24.

Furthermore, the contract’s multi -year option is consistent with similar service contracts implemented throughout the City to improve routine maintenance efforts while reducing potential staffing and budgetary constra ints. Although service needs may change from year to year, the Parks Maintenance Operational Budget will determine the not -to- exceed amount for each subsequent year during the terms of this contract. If needed, budget adjustments will be made accordingly to accommodate these needs and to mitigate any additional fiscal impacts at that time.

ALTERNATIVES

7 Packet Pg. 32
Award Contract with Brightview Tree Care Services Page 5 of 5

1. Do not approve and award a contract to Brightview for tree maintenance services at this time.

2. Direct staff to take alternate action.

Prepared by:

Carina Shattuck, Administrative Analyst I

Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. Los Gatos Council Agenda Report for Award to Brightview - Dated 6.20.2023 c. Contract Services Agreement with Brightview (Sample) 7 Packet Pg. 33

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

APPROVING AND AWARDING A CONTRACT WITH BRIGHTVIEW TREE CARE SERVICES, INC., IN AN AMOUNT NOT TO EXCEED $150,000, TO PROVIDE TREE MAINTENANCE SERVICES FOR A PERIOD OF UP TO ONE (1) YEAR, WITH OPTIONS FOR THE CITY TO RENEW UP TO FOUR (4) ADDITIONAL ONE (1) YEAR SERVICE CONTRACTS, FOR A TOTAL OF UP TO FIVE (5) YEARS, AND IN ACCORDANCE WITH CAMPBELL MUNICIPAL CODE (CMC) SECTION 3.20.060(6) WHICH ALLOWS THE CITY TO DISPENSE WITH ITS

FORMAL BIDDING PROCEDURES THROUGH THE PROCUREMENT OF SERVICES BASED

ON THE RESULTS OF A COMPETITIVE BID PROCESS CONDUCTED BY THE TOWN OF LOS GATOS AND THE ENSUING CONTRACT AWARDED TO BRIGHTVIEW ON JUNE 20, 2023; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.100 (RESOLUTION/CONSENT)

WHEREAS, the City’s Public Works Department – Maintenance Division is responsible for the maintenance of all City-owned trees to ensure they are safe and aesthetically pleasing for residents and business owners alike; and

WHEREAS, during FY 2015/16, the Public Works Department developed a plan that separated the City into 16 Maintenance Zones to improve scheduling practices and management of the City’s routine maintenance activities – resulting in staff’s development of a tree maintenance schedule based on the needs of each zone; and

WHEREAS, although efficient , these efforts have required a significant amount of time and resources to implement, prompting the Public Works Department to contract its tree services to professional providers for a more timely and cost-effective response to the City’s tree maintenance needs; and

WHEREAS, in 2017, the City awarded a five (5) year service contract to Brightview Tree Care Services, Inc. (Brightview), to provide the labor and equipment services necessary to assist with the City’s tree maintenance needs through the end of FY 2022/23; and

WHEREAS, upon the end of this contract in June 2023, staff worked on identifying a procurement strategy to facilitate a timely continuation of the City's tree maintenance services while meeting the requirements set forth in the City’s purchasing policies; and

WHEREAS, as a result of these efforts, staff identified an option allowing the City to procure services, and dispense with its formal bidding procedures, as specified in Campbell Municipal Code (CMC) Section 3.20.030(6) which states that: ‘the City may elect to purchase supplies, materials or equipment directly from a vendor determined to be the lowest responsible bidder as a result of a competitive bid process conducted by the state of California, the county of Santa Clara or any other California county or municipality’; and

WHEREAS, during that time, staff also disco vered that the Town of Los Gatos had recently conducted a competitive bid process and awarded a Tree Maintenance contract to Brightview on June 20, 2023; and

WHEREAS, in September 2023, after confirming that Brightview would extend the same rates and services to the City as those included in their contract with Los Gatos – and after staff’s confirmation

7.a
Packet Pg. 34
Attachment: Resolution (Award Contract with Brightview Tree Care Services)

that the associated rates were indeed lower than those offered by other local vendors – staff prepared a cost estimate based on the City’s anticipated service needs and t he rates from Brightview’s executed contract with Los Gatos; and

WHEREAS, staff recommends awarding a service contract to Brightview, in an amount not to exceed $150,000, to provide tree maintenance services for a period of up to one (1) year , and include options for the City to renew up to four (4) additional one (1) year service contracts, for a total of up to five (5) years, with subsequent contract amounts not to exceed the balance of funds available in the Public Works P arks Maintenance Operational Budget (207.775.7432) for each fiscal year thereafter; and

WHEREAS, sufficient funding is available in the Public Works Parks Maintenance Operational Budget (207.775.7432) to award the associated contract and implement services during FY 2023/24; and

WHEREAS, if required, budget adjustments will be made accordingly to accommodate the service needs of future contract years and/or to offset any other fiscal impacts at that time.

NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Campbell hereby authorizes: 1) the approval and award of a contract with Brightview Tree Care Services, Inc., in an amount not to exceed $150,000, to provide tree maintenance services for a period of up to one (1) year, with options for the City to renew up to four (4) a dditional one (1) year service contracts, for a total of up to five (5) years, and in accordance with Campbell Municipal Code (CMC) Section

3.20.030(6) which allow s the City to dispense with its formal bidding procedures through the procurement of services based on the results of a competitive bid process conducted by the Town of Los Gatos and the ensuing contract awarded to Brightview on June 20, 2023 ; and 2) the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

PASSED AND ADOPTED this _____th day of ________, 2023, by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

APPROVED:
_________________________________
Anne Bybee, Mayor

ATTEST:
___________________________
Andrea Sanders, City Clerk

7.a
Packet Pg. 35
Attachment: Resolution (Award Contract with Brightview Tree Care Services)

PREPARED BY: Jim Harbin
Superintendent

Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director of Parks and Public Works

110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 06/20/2023
ITEM NO: 6

DATE: June 5, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Five-Year Agreement for Services with Brightview Tree Care Services, Inc. for Tree Trimming and Maintenance Services in an Amount not to exceed $200,000 in Fiscal Year 2023/24 and Total Five-Year Contract Value of Up to $1,000,000

RECOMMENDATION:

Authorize the Town Manager to execute a five-year Agreement for Services with Brightview Tree Care Services, Inc. for tree trimming and maintenance services in an amount not to exceed $200,000 in Fiscal Year 2023/24 and total five-year contract value of up to $1,000,000.

BACKGROUND:

The Town of Los Gatos contracts tree trimming and removal services to maintain the Town’s trees in streets and parks. Staff reviews these maintenance contracts regularly to ensure that the services provided are being performed satisfactorily, are competitively priced, and continue to meet the Town’s expectations and contract terms. These services allow for basic ongoing management of the Town’s tree inventory with the goals of ensuring tree canopies provide vertical clearance for garbage and recycling pickup, addressing safety concerns, and managing the long-term health of the urban forest.

The current tree trimming contract with Brightview Tree Care Services, Inc. will expire on June 30, 2023.

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Attachment: Los Gatos Council Agenda Report for Award to Brightview - Dated 6.20.2023 (Award Contract with Brightview Tree Care Services) PAGE 2 OF 3
SUBJECT: Authorize the Town Manager to Execute a Five-Year Agreement for Services with Brightview Tree Services, Inc.

DATE: June 5, 2023

DISCUSSION:

With the existing contract set to expire at the end of this fiscal year, staff initiated a Request for Proposals (RFP) for tree trimming and removals, tree planting and watering, and additional as- needed services such as emergency response. Firms were asked to provide their capability and qualifications across these services and to provide pricing for each category. Four proposals were received on May 8, 2023, with the results presented in Attachment 1.

Staff determined that Brightview Tree Care Services, Inc. is the best qualified and the most cost competitive firm to provide the requested services. Brightview provides tree trimming services to multiple Bay Area municipalities including the City of Campbell and the County of Santa Clara and has provided professional tree care services to the Town for the past five years.

The RFP requested line-item costs for miscellaneous services such as tree planting and watering on an as-needed basis. Staff anticipates the use of these services to re-forest and water newly planted trees in park strips, parks, and median islands throughout the Town, replacing trees that were lost in the 2023 winter storms.

The agreement term allows for continuity of service and maximizes savings by engaging the firm for multiple years. The contract language provides for cancellation should the need arise during the contract term and ties the work to the budget appropriated by the Town Council annually. To accommodate the potential impacts of inflation on the service, the contract allows for annual increases tied to the Consumer Price Index beginning in year two.

CONCLUSION:

With this recommended action, Town Council would authorize the Town Manager to execute a five-year agreement for services with Brightview Tree Care Services, Inc. for tree trimming and maintenance services that are vital to the health of the Town’s trees.

FISCAL IMPACT:

The Adopted FY 2023/24 Operating Budget has sufficient funds for tree maintenance. This action will have no additional fiscal impact.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

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Attachment: Los Gatos Council Agenda Report for Award to Brightview - Dated 6.20.2023 (Award Contract with Brightview Tree Care Services) PAGE 3 OF 3
SUBJECT: Authorize the Town Manager to Execute a Five-Year Agreement for Services with Brightview Tree Services, Inc.

DATE: June 5, 2023
Attachments:

1. Bid Price Sheets

2.

**Note: The City of Campbell has removed the Los Gatos Agreement for Services (pages 12 to 48 from this original attachment) for size and clarity purposes related to the City's own Report to Council for the 10/17/23 meeting.

Agreement for Services____________________

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Attachment: Los Gatos Council Agenda Report for Award to Brightview - Dated 6.20.2023 (Award Contract with Brightview Tree Care Services) ATTACHMENT 1

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Attachment: Los Gatos Council Agenda Report for Award to Brightview - Dated 6.20.2023 (Award Contract with Brightview Tree Care Services)

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Attachment: Los Gatos Council Agenda Report for Award to Brightview - Dated 6.20.2023 (Award Contract with Brightview Tree Care Services)

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Attachment: Los Gatos Council Agenda Report for Award to Brightview - Dated 6.20.2023 (Award Contract with Brightview Tree Care Services)

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Attachment: Los Gatos Council Agenda Report for Award to Brightview - Dated 6.20.2023 (Award Contract with Brightview Tree Care Services)

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Attachment: Los Gatos Council Agenda Report for Award to Brightview - Dated 6.20.2023 (Award Contract with Brightview Tree Care Services)

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Attachment: Los Gatos Council Agenda Report for Award to Brightview - Dated 6.20.2023 (Award Contract with Brightview Tree Care Services)

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Attachment: Los Gatos Council Agenda Report for Award to Brightview - Dated 6.20.2023 (Award Contract with Brightview Tree Care Services)

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Attachment: Los Gatos Council Agenda Report for Award to Brightview - Dated 6.20.2023 (Award Contract with Brightview Tree Care Services)

CONTRACT SERVICES AGREEMENT

CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2150
BY THIS AGREEMENT made and entered into on the TBD day of TBD , 2023 by and between the CITY OF CAMPBELL (hereinafter referred to as CITY) and BRIGHTVIEW TREE CARE SERVICES, 1800 Duane Ave, Santa Clara, CA 95054; (415)533-9049 (hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:

CONTRACTOR shall provide or furnish the following specified services and/or materials:

Citywide Tree Services to Prune, Plant, Remove and Provide Necessary Tree Care Response

EXHIBITS: The following attached exhibits hereby are made part of this Agreement:

Exhibit A – Scope of Work

TERMS: The services and/or materials furnished under this Agreement shall commence TBD and shall be completed before 6/30/2024 .

COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR on a time and materials basis in an amount not to exceed: $150,000.00 unless authorized otherwise by City.

GENERAL TERMS AND CONDITIONS:

Agreement: This Agreement shall be governed by the laws of the State of California. It constitutes the entire agreement between the parties regarding its subject matter. If any provision in this Agreement is held by any court or trier of fact to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force.

Hold Harmless : With respect to any design professional services provided by CONTRACTOR , the CONTRACTOR agrees to indemnify, defend and hold harmless the CITY, its officers, agents and employees from any and all claims, actions, causes of action, losses, damages, costs and liabilities of every nature, including all costs of defending any claim, caused by, pertaining or relating to, or arising out of, or alleged to have been caused by or arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of CITY. CITY shall not be liable for acts of CONTRACTOR in performing services described herein.

With respect to all matters other than those covered by the foregoing paragraph , CONTRACTOR agrees to indemnify, defend and hold harmless the CITY, its officers, agents and employees from any and all claims, actions, causes of action, losses, damages, costs and liabilities of every nature, including all costs of defending any claim, caused by or arising out of, or alleged to have been caused by or arise out of the performa nce of this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole negligence or willful misconduct of CITY. CITY shall not be liable for acts of CONTRACTOR in performing services described herein.

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Attachment: Contract Services Agreement with Brightview (Sample) (Award Contract with Brightview Tree Care Services)

AGREEMENT
PAGE 2
GENERAL TERMS AND CONDITIONS (CONT.):

In the event that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City.

The foregoing indemnity provisions are intended to fully allocate all risk of liability to third-parties. No other rights of indemnity or contribution shall exist between the parties in law or in equity. The provisions set forth in this section shall survive the termination of this Agreement.

City Business License: CONTRACTOR doing work in the City of Campbell shall have a valid City of Campbell Business License.

Insurance: Should the CITY require evidence of insurability, CONTRACTOR shall provide the following before commencing any services under this agreement.

GENERAL LIABILITY INSURANCE: CONTRACTOR shall provide commercial general liability, broad form general liability and business automobile liability insurance in connection with the CONTRACTOR’S performance, in the amount of not less than $ 1,000,000 per occurrence. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location, or the general aggregate limit shall be twice the required occurrence limit.

Liability policies shall be endorsed to name CITY, its officers, volunteers, and employees as “insureds” under said insurance coverage and to state that such insurance shall be deemed “primary” such that any other insurance that may be carried by CITY shall be excess thereto. Such insurance shall be on an “occurrence,” not a “claims made,” basis and shall not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY (10 day notice for non-payment of premium). Endorsements shall be provided by or acceptable to the CITY.

WORKERS’ COMPENSATION AND EMPLOYERS LIABILITY INSURANCE: During its performance or service, CONTRACTOR shall maintain Workers’ Compensation and Employers Liability insurance for all of its employees who are in any way connected with performance of these services. The Workers’ Compensation Insurance shall comply with all applicable State laws. Employers Liability coverage shall be for a minimum of $1,000,000. The CONTRACTOR shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City.

It is a requirement of this Agreement that any available insurance pr oceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available to the City when the City is named as an additional insured pursuant to this Agreement. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever affords greater coverage.

CERTIFICATES OF INSURANCE : CONTRACTOR shall furnish CITY a certificate of insurance, duly authenticated, evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance of copies of policies as may be reasonably required by CITY from time to time. Satisfactory evidence of said coverage shall be required within ten (10) days of award of contract.

Non-Discrimination: No discrimination shall be made in the employment of persons under this agreemen t because of the race, color, national origin, ancestry, religion or sex of such person.

Interest of CONTRACTOR: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation of master and servant exists be tween CITY and undersigned. At all times, CONTRACTOR shall be deemed to be an independent contractor and CONTRACTOR is not authorized to bind the CITY to any

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Attachment: Contract Services Agreement with Brightview (Sample) (Award Contract with Brightview Tree Care Services)

AGREEMENT
PAGE 3
GENERAL TERMS AND CONDITIONS (CONT.):

contracts or other obligations in executing this agreement. CONTRACTOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY.

Changes: This agreement shall not be assigned or transferred without the written consent of the CITY. No changes or variations of any kind are authorized without the written consent of the CITY.

Public Works Projects : In the event this Agreement requires the CONTRACTOR to provide services within the definition of public projects pursuant to California Public Contracts Code Section 20161, the additional terms and conditions stated below shall be in full force and effect.

ARTICLE I. The general prevailing wage rates heretofore specified and any minimum wage rates indicated in the Special Provisions are hereby specifically referred to and by this reference are m ade a part of this contract.

ARTICLE II. In accordance with the provisions of Section 3700 of the Labor Code, every CONTRACTOR will be required to secure the payment of compensation to his or her employees.

ARTICLE III . By my signature below, as CONTRACT OR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with such provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement.

ARTICLE IV. The improvement contemplated in the performance of this Agreement is an improvement over which the CITY shall exercise general supervision. The C ITY shall have the right to assume full and direct control over this Agreement whenever the CITY, at its sole discretion, shall determine that its responsibility to the United States or the State of California so requires.

ARTICLE V . The CONTRACTOR agrees to receive and accept the prices indicated in the CONTRACTOR’s signed Proposal as full compensation for furnishing all materials and for doing all the work completed and embraced in this Agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CITY, and for all risks of every desc ription connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Engineer under them.

ARTICLE VI. CONTRACTOR shall be responsible for complying with the provisions of Section 1776 of the California Labor Code concerning payroll records.

ARTICLE VII. CONTRACTOR shall be responsible for complying with the provisions of California Labor Code Sections 1777.5 through 1777.7, inclusive, concerning apprentices.

ARTICLE VIII. CONTRACTOR shall be responsible for complying with the provisions of California Labor Code Sections 1810 through 1815, inclusive, concerning working hours.

ARTICLE IX. CONTRACTOR shall be responsible for complying with the provisions of California Public Contracts Code Section 7104 regarding trenching and excavation that extend deeper than four (4) feet below the surface.

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Attachment: Contract Services Agreement with Brightview (Sample) (Award Contract with Brightview Tree Care Services)

AGREEMENT
PAGE 4
GENERAL TERMS AND CONDITIONS (CONT.):

ARTICLE X. Time is of the essence in the per formance of this contract. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements is not finished or completed within the number of working days as set forth in the special provisions, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that the CONTRACTOR will pay to the CITY liquidated damages for each and every calendar day’s delay in finishing the work in excess of the number of working day’s prescribed, in the amount of $ TBD . per day. The CITY further agrees that the CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such a delay was caused by the failure of the CITY or the owner of the utility to provide for removal or relocation of such utility facilities as set forth in California Government Code Section 4215.

Prevailing Wage: This contract is for a public work as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code. CONTRACTOR and any subcontractors under the CONTRACTOR shall comply with Section 1771 of the California Labor Code concerning prevailing wages.

Termination: Notwithstanding any other provision of this Agreement, CITY may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to CONTRACTOR of such termination.

In the event of such termination, CONTRACTOR shall have the right and obligation to immediately assemble the work then in progress for the purpose of completing the work and turning over all materials and documents to CITY.

In the event of such termination, CONTRACTOR shall be compensated for all work and services performed to the point of termination in accordance with the payment provisions set forth in Section 2.1, unless the termination is for cause, in which event CONTRA CTOR need be compensated only to the extent required by law . .

Dispute Resolution In the event of any dispute between the Parties related to this Agreement or this Project, the Parties agree to first negotiate in good faith toward a resolution with participation by representatives of each Party holding sufficient authority to resolve the dispute . If such dispute cannot be resolved in this manner, before any action or litigation is initiated other than as required to secure lien rights, the dispute shall be submitted to mediation using the American Arbitration Association or another mediator as mutually selected by the Parties. Such mediation shall be completed within a reasonable period of time following either Party's written demand with each Party to bear an equal share of the mediation fees and its own respective attorney and consultant fees and costs.

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Attachment: Contract Services Agreement with Brightview (Sample) (Award Contract with Brightview Tree Care Services)

AGREEMENT
PAGE 5
GENERAL TERMS AND CONDITIONS (CONT.):

CONTRACTOR COORDINATOR and representative for CITY shall be:

NAME: ROBERT SIUDZINSKI DEPARTMENT: Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above.

CONTRACTOR: CITY OF CAMPBELL
By: By:

Title: Title: __________________________________ Contractor License No.:

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Attachment: Contract Services Agreement with Brightview (Sample) (Award Contract with Brightview Tree Care Services)

City
Council
Report

TITLE: Acceptance of Donations from the Campbell Police Foundation (Resolution/Roll Call Vote)

RECOMMENDED ACTION

It is recommended that the City Council adopt a resolution to accept donations in the aggregate amount of $17,459.24 from the Campbell Police Foundation for a therapy dog, equipment, and support for the Campbell Police Department.

BACKGROUND

The Campbell Police Foundation is an independent 501(c)(3) non-profit organization led by a group of dedicated community members who have created a partnership with the Police Department. From essential equipment, to specialized training, and innovative programs that would otherwise be unfunded, the support provi ded by the Foundation directly improves public safety and supports the Police Department’s mission.

DISCUSSION

From July 1, 2022, until June 30, 2023, the Campbell Police Foundation donated the following items to the Campbell Police Department:

Donation Description Cost
My Clever Canine Therapy Dog Morgan $3,784.37
Lenco Window Protection for ARV $1,661.67
Lenco Leg Protection for ARV $4,059.57
Fernando Rios Food for Department Meeting $350.00
Anytime is Taco Time Food for Department Meeting $1,312.00 Twin Oaks Manufacturing K9 Kennel $6,291.63
Total $17,459.24

FISCAL IMPACT

The items provided by the Campbell Police Foundation are non -cash donations. As such, a budget adjustment is not necessary to recognize their receipt nor expend th eir proceeds. All non-cash items were received by the Police Department in the prior fiscal year.

Item: 8
Category: CONSENT CALENDAR
Meeting Date: October 17, 2023
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Prepared by:

Dan Livingston, Police Captain

Reviewed by:

Gary Berg, Police Chief

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution Campbell Police Foundation Donations FY23 8 Packet Pg. 53
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE ACCEPTANCE OF AN AGGREGATE DONATION OF
$17,459.24 OF NON-CASH ITEMS FROM THE CAMPBELL POLICE FOUNDATION

WHEREAS, The Campbell Police Foundation is an independent 501(c)(3) non - profit organization led by a group of dedicated community members who have created a partnership with the Campbell Police Department; and

WHEREAS, from essential equipment, to specialized training, and innovative programs that would otherwise be unfunded, the support provided by the Foundation directly improves public safety and supports the Police Department’s mission; and

WHEREAS, the Campbell Police Foundation has been providing this support to the Campbell Police Department since its inception in 2012; and

WHEREAS, During FY23, the Campbell Police Foundation donated non -cash items to the Police Department with an aggregate value of $17,459.24.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the City accept an aggregate donation of non -cash items from the Campbell Police Foundation valued at $17,459.24 for FY23.

PASSED AND ADOPTED this 17th day of October, 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

___________________________
Anne Bybee, Mayor

ATTEST:

____________________________
Andrea Sanders, City Clerk

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Attachment: Resolution Campbell Police Foundation Donations FY23 (Acceptance of Donations from the Campbell Police Foundation)

City
Council
Report

TITLE: Fiscal Year 2023 Year-End Fiscal Update (Resolution/Roll Call Vote)

RECOMMENDED ACTION

It is recommended that the City Council receive an update on un -audited Fiscal Year (FY) 2023 year -end General Fund actual revenues and expenditures and adopt a Resolution authorizing year-end correcting Budget Adjustments.

BACKGROUND

The current report before Council will provide a n update regarding actual un-audited year-end results for FY 2023, the amount of ARPA funds necessary (if any) to balance General Fund operations in FY 2023, and any correcting year-end budget adjustments.

Please note that these numbers could change dependent on the results of the final audit and Annual Comprehensive Financial Report (ACFR); to be completed by end of December 2023 and formally presented to Council February 2024.

DISCUSSION

FY 2023 Year-End Fiscal Update (Un-Audited)

As of the Fiscal Year ended June 30, 202 3, General Fund un -audited revenues were $66.44 million and General Fund un -audited expenditures were $64.82 million; thereby resulting in a potential operating surplus of $1.62 million for FY 2023. This is further detailed in Attachment C.

If results hold through the p reparation of the final audit and Annual Comprehensive Financial Report (ACFR) , staff recommends having a study session in FY 202 4 to discuss ongoing financial policy regarding use of General Fund surpluses should they occur. Replenishing the General Fund Emergency Reserve (to build it back closer to the City’s policy target of 10% of General Fund Revenues) could be one possible use of the FY 202 3 surplus and future surpluses (consistent with current fiscal policy), but so too could be addressing unfunded pension liabilities , one-time infrastructure needs, or other objectives as identified by staff or Council.

Additionally, the FY 2023 Amended Budget approved the transfer of $938,467 in American Rescue Plan Act (ARPA) funds to the General Fund (#101) for the following purposes:

Item: 9
Category: CONSENT CALENDAR
Meeting Date: October 17, 2023
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• $725,467 to cover projected operating shortfall
• $48,000 to fund the downtown parklet program
• $68,000 to provide contractual HRIS project implementation support • $97,000 to provide contractual support for extended payroll vacancy $938,947 TOTAL

Given the potential General Fund surplus identified previously, the $938,467 use of ARPA funds in FY 202 3 is no longer needed and staff recommends keeping it within the ARPA Fund for other uses as determined by Council at a later date and as allowable under ARPA guidelines. Attachment A (Resolution) and Attachment B (Budget Adjustment Form) proposes cancelling the planned transfer for FY 2023.

For reference, the City received $9.997 million total in one-time ARPA funding . Per ARPA guide lines, the City must obligate (appropriate and/or encumber through contractual agreements) these funds by December 31, 2024 and spend them down fully by December 31, 2026. Any uncommitted or unspent funds after these deadlines are subject to be returned to the federal government . Table A below provides a summary of ARPA funds received, expended to date, appropriated to be used in FY 2024, and planned to be used in FY 2025 (but not yet officially approved):

Table A – ARPA Fund (#221) Status
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As shown abo ve, w ith no need to balance General Fund operations in FY 202 3, the ARPA Fund is now estimated to have a balance of $7.338million at the end of FY 2023 (un-audited), $4.53 million at the end of FY 202 4, and $3.91 million at the end of FY 2025; after all actual and planned usages shown above are taken into account.

General Fund Revenues

On a year -over-year basis, total General Fund revenues grew by $9.14 million or

6.88%. The following will provide a more detailed comparison of FY 202 3 year-end revenues to FY 202 2 year-end revenues in the top 10 General Fund revenue categories:

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1. Property Tax – Un-audited year -end Property Tax for FY 202 3 equaled $20.91 million; $1.40 million or 7.16% greater than FY 202 2. While the housing market cooled last fiscal year due to inflation and rising interest rates , the housing market in Campbell was still relatively strong in FY 2023.

2. Sales Tax – Un-audited year -end Sales Tax for FY 202 3 equaled $18.83 million; $2.41 million or 14.70% greater than FY 2022. Despite signs of economic weakness and slowing growth, Campbell saw significant sales tax growth on a year -over-year basis in the Business and Industry and Autos and Transportation sectors. Some of this increase is due to inflation and higher overall prices, but it is als o fueled by continued business and consumer demand. Nevertheless, sales tax growth is expected to slow and remain flat in FY 2024 and will be without a one-time $800,000 positive adjustment in FY 2023 that has been detailed in previous Council reports.

3. Other Taxes - Un-audited year-end Other Taxes for FY 2023 equaled $8.61 million; $711,000 or 9.01% greater than FY 202 2. This revenue category consists of Construction Tax, Business License Tax, Real Property Tax Transfers , and Transient Occupancy Tax (TOT ). In regard to TOT, un -audited year-end revenues for FY 2023 equaled $3.63 million; an increase of $969,000 or 36.45% over FY 2022 year-end actuals of $2.66 million. While TOT is not back to its pre-pandemic level of $4.77 million annually, it has shown strong recovery and is above its pandemic level low of $1.58 million in FY 2021. It is projected to reach $4.50 million in FY 2024.

4. Charges for Service - Un-audited year -end Charges for Service for FY 202 3 equaled $5.29 million; $445,000 or 9.19% greater than FY 202 2. This was largely caused by continued strong enrollments for Recreation and Community Services classes and programs and other miscellaneous fees for service within the Public Works, Police, and Community Development Departments.

5. Use of Committed/Assigned Reserves – Un-audited year -end Use of Committed/Assigned Reserves for FY 202 3 equaled $3.41 million and consisted of $1.42 million drawn down from the Capital Improvement Projects Reserve (CIPR) to fund FY 2023 approved capital projects within the General Fund, $1.11 million drawn down from the Capital Improvement Projects Reserve (CIPR) to fund previously approved capital projects within the General Fund before FY 2023, $300,000 drawn down from the Construction Tax Reserve to fund associated projects, $110,000 drawn down from the General Plan Reserve to fund associated work, $86,000 drawn down from the Heritage Theatre Reserve to fund associated repair and improvement costs, and $686,000 drawn down from the Encumbrance Reserve to support FY 2022 obligations not paid until FY 2023.

6. Licenses and Permits - Un-audited year -end Licenses and Permits for FY 202 3 equaled $3.39 million; $355,000 or 9.48% less than FY 2022. This was largely due to year -over-year decrease s in Construction Permits, Pla n Check Fees , and Fire Permits largely; potentially the result of inflationary pressures and higher interest rates for developers that caused them to slow construction activity within Campbell. 9 Packet Pg. 58
FY 2023 Year-End Fiscal Update Page 5 of 7

7. Leases and Rentals - Un-audited year -end Leases and Rentals f or FY 202 3 equaled $3.22 million; $444,000 or 15.96% greater than FY 202 2. This increase was fueled largely by continued improvement in lease and rental revenue at the Campbell Community Center (CCC).

8. Intergovernmental Revenue - Un-audited year-end Intergovernmental Revenue for FY 2023 equaled $1.15 million; $161,000 or 16.39% greater than FY 2022. This increase was caused by various grants received within the Community Development, Police, and Recreation Departments as well as a higher level of mandated cost reimbursements from the State.

9. Operating Transfers In - Un-audited year-end Operating Transfers In for FY 2023 equaled $791,000; $75,000 or 8.66% less than FY 2022. T he decrease is due to less of a need from other funds to support General Fund oper ations as well as the decreasing ability of other funds to do so . These figures also assume that no Transfers In from the ARPA Fund occur as previously recommended.

10. Investments Income - Un-audited year -end Investments Income for FY 202 3 equaled $274,000; $192,000 or 23 0.32% greater than FY 202 2. This was largely due to elevated fixed income investment returns as a result of the Federal Reserve raising rates. Investment Income is split amongst the City’s various funds quarterly based on comparative balances within each fund. The amount shown represents the General Fund’s share of Investment Income in FY 2023.

General Fund Expenditures

On a year -over-year basis, total General Fund expenditures grew by $8.53 million or

15.15%; slightly less than the 15.96% revenue growth as previously noted and $1.61 million less than the FY 2023 Amended Budget . Most of the expenditure growth was due to continued filling of vacant positions in FY 202 3, negotiated salary and benefit increases for all bargaining groups, expected healthcare and pension premium increases, contractual increases due to prearranged terms or inflationary factors, and full ramp up of many services that were largely held flat or reduced during the pandemic. Nevertheless, despite this growth, expenditures were again still less than the FY 2023 Amended Budge t; which contributed to the potential operating surplus previously discussed.

Correcting Year-End Budget Adjustments

As previously stated, the $938,467 approved use of ARPA funds in FY 2023 is no longer needed and staff recommends keeping it within the ARPA Fund for other uses as determined by City Council at a later date and as allowable under ARPA guidelines.

Attachment A (Resolution) and Attachment B (Budget Adjustment Form) proposes cancelling the planned transfer for FY 2023.

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In addition to the proposed adjustments above, staff also recommends the following correcting year -end budget adjustment for FY 2023 . This recommendation is also included within Attachment A (Resolution) and Attachment B (Budget Adjustment Form):

• 18-PP – JDM Improvements (Budd) – On August 2, 2022, the City r eturned unused Capital Project funds to the Parks Dedication Fund (#295) upon final completion of project 18 -PP (JDM Improvements−Budd) in FY 2023 via City Council Re solution #12864. At that time, s taff estimated unused funds to be approximately $143,632. Actual unused funds remaining were $232,411. Thus, this adjustment corrects the lower number and will return $88,779 more in funds to the Park Dedication Fund than previously expected. These funds can be reappropriated at a later date for other allowable purposes.

FISCAL IMPACT

As of the Fiscal Year ended June 30, 202 3, General Fund un -audited revenues were $66.44 million and General Fund un -audited expenditures we re $64.82 million; thereby resulting in a potential operating surplus of $1. 62 million for FY 202 3. Staff recommends having a study session later in FY 2024 to discuss financial policy regarding use of General Fund surpluses should they occur.

Additionally, the FY 2023 Amended Budget assumed that the City’s American Rescue Plan Act (ARPA) Fund (#221) would need to transfer to the General Fund (#101) $938,467. Given the potential General Fund surplus identified above (prior to the transfer in from the ARPA fund), the $938,467 use of ARPA funds in FY 2023 is no longer needed and staff recommends keeping it within the ARPA Fund for other uses as determined by Council at a later date and as allowable under ARPA guidelines.

And lastly, staff is recommendi ng some a minor budget adjustment to Capital Projects as detailed in the previous sections. If approved, this adjustment would return $88,779 more to the Parks Dedication Fund than previously expected due to savings in Projects 18-PP (JDM Improvements – Budd).

ALTERNATIVES

1. Direct staff to use the estimated $1.62 million General Fund operating surplus in FY 2023 to bring the Emergency Reserve closer to the City Policy target instead of waiting for a study session on financial policy regarding the use of c urrent and future surpluses.

2. Do not approve the minor budget adjustment to Capital Projects as detailed in the previous sections, but instead provide staff with other direction.

3. Provide staff with other direction.
9 Packet Pg. 60
FY 2023 Year-End Fiscal Update Page 7 of 7

Prepared by:

Will Fuentes, Finance Director

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. Budget Adjustment Form
c. Financial Status Update (General Fund Q4 YTD 2023)
9 Packet Pg. 61
1 RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING FISCAL YEAR (FY) 2023 YEAR-END CORRECTING BUDGET

ADJUSTMENTS

WHEREAS, as of the Fiscal Year ended June 30, 202 3, General Fund un -audited revenues were $66.44 million and General Fund un -audited expenditures were $ 64.82 million; thereby resulting in a potential operating surplus of $1.62 million for FY 2023, and

WHEREAS, staff recommends having a study session in FY 2024 to discuss financial policy regarding use of current and future General Fund surpluses should they occur, and

WHEREAS, given the potential General Fund surplus identified, a $938,467 use of ARPA funds in FY 2023 is no longer needed and staff recommends keeping it within the ARPA Fund for other uses as determined by Council at a later date and as allowable under ARPA guidelines, and

WHEREAS, staff also recommends the following correcting year-end budget adjustment for FY 2023:

• 18-PP – JDM Improvements (Budd) – On August 2, 2022, the City returned unused Capital Project funds to the Parks Dedication Fund (#295) upon final completion of project 18 -PP (JDM Improvements−Budd) in FY 2023 via City Council Resolution #12864. At that time, staff estimated unused fun ds to be approximately $143,632.

Actual unused funds remaining were $232,411. Thus, this adjustment corrects the lower number and will return $88,779 more in funds to the Park Dedication Fund than previously expected. These funds can be reappropriated at a later date for other allowable purposes, and

WHEREAS, Attachment C of the un -audited FY 202 3 Fiscal Update report details the requested budget adjustments and is incorporated by reference, and

WHEREAS, audited General Fund year-end actual results for FY 2023 will not be finalized until December 2023 and may increase or decrease the actual General Fund operating surplus in FY 2023, and

NOW, THEREFORE BE IT RESOLVED, by the City Council that the budget adjustments contained in Attachment C of the un-audited FY 2023 Fiscal Update report are approved.

PASSED AND ADOPTED this 17th day of October, 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

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Attachment: Resolution (FY 2023 Year-End Fiscal Update) 2 ABSENT: Councilmembers:

APPROVED:

Anne Bybee Mayor

ATTEST:

__________________________
Andrea Sanders, City Clerk

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Attachment: Resolution (FY 2023 Year-End Fiscal Update) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.

October 17, 2023 BA-25
Budget to be Reduced
Fund/Program Account Number Description Amount
101.980 6899 Operating Transfer In - From ARPA 938,467
221.980 9899 Operating Transfer Out - To General Fund 938,467 Budget to be Increased
Fund/Program Account Number Description Amount
REASON FOR REQUEST - BE SPECIFIC:

Finance Director City Manager
Non-Departmental
Will Fuentes Brian Loventhal
Cancelling transfer of ARPA Funds to the General Fund to balance operations in FY 2023 due to lack of actual need. 980 - Operating Transfers

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Attachment: Budget Adjustment Form (FY 2023 Year-End Fiscal Update) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.

September 9, 2023 BA-24
Budget to be Reduced
Fund/Program Account Number Descr iption Amount
435.18PP 7130 Proj salary 61,665.20
435.18PP 7430 Prof Svcs 2,688.69
435.18PP 7883 Impr Other than Bldg 168,057.89
232,411.78
Budget to be Increased
Fund/Program Account Number Descri ption Amount
295.990 6999 Parkland Dedication Fund- Transfer-In 232,411.78 435.990 9999 Capital Project Fund- Transfer-Out 232,411.78 REASON FOR REQUEST - BE SPECIFIC:

Finance Director Public Works Director Cit y Manager
Public Works
Will Fuentes Todd Capurso Brian Loventhal
Return unused Capital project funds to Parks Dedication fund upon final completion of project 18PP (JDM Improvements−Budd) in FY'23, per City Council consent report dated 8/2/22 and accepted by Council in resolution #12864. Staff estimated unused funds to be returned, at that time, were approximately $143,632. Actual unused funds remaining are $232,411.78.
18PP-JDM IMPROVEMENTS−BUDD

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Attachment: Budget Adjustment Form (FY 2023 Year-End Fiscal Update) SUMMARY ‐ Fiscal Year (FY) 2023
Q4 ‐ Ending June 30, 2023
GENERAL FUND
Year‐End Amd. Budget % of Budget Year‐End YTD Growth ($) YTD Growth (%)

REVENUES
Property Tax 20,907,124 $       20,526,000$   101.86% 19,510,782$   1,396,341$          7.16% Sales & Use Taxes 18,832,569 $       18,221,459$   103.35% 16,419,362$   2,413,207$          14.70% Other Taxes 8,605,378 $         8,602,100$      100.04% 7,894,353$      711,026$              9.01% Licenses and Permits 3,387,574 $         4,173,500$      81.17% 3,742,394$      (354,820)$            ‐ 9.48% Fines/Forfeits/Penalties 113,511 $            107,500$         105.59% 222,721$         (109,210)$            ‐ 49.03% Investments Income 413,171 $            610,900$         67.63% (317,035)$        730,206$              230.32% Intergovernmental Revenue 1,146,994 $         1,226,598$      93.51% 985,556$         161,438$              16.38% Charges for Service 5,288,137 $         4,980,430$      106.18% 4,843,230$      444,907$              9.19% Leases & Rentals 3,223,340 $         2,965,800$      108.68% 2,779,743$      443,598$              15.96% Miscellaneous Revenues 256,540 $            223,346$         114.86% 274,216$         (17,676)$               ‐ 6.45% Other Revenues 63,369 $               84,600$           74.90% 77,059$           (13,690)$               ‐ 17.77% OFS ‐ Operating Transfers In 791,371 $            1,729,838$      45.75% 866,425$         (75,054)$               ‐ 8.66% OFS ‐ Committed / Assigned Reserves 3,413,344$         1,422,245$      240.00% ‐$                  3,413,344$          N/A TOTAL REVENUES 66,442,422 $      64,874,316$   102.42% 57,298,806$   9,143,616$          15.96%

TRUE TRUE TRUE
YTD Actuals Amd. Budget % of Budget Year‐End YTD Growth ($) YTD Growth (%)

EXPENDITURES
City Council 353,431 $            346,065$         102.13% 316,539$         36,893$                11.65% City Manager's Office 2,989,681 $         3,176,799$      94.11% 2,365,432$      624,249$              26.39% City Clerk's Office 493,225 $            609,573$         80.91% 535,646$         (42,421)$               ‐ 7.92% Recreation & Comm Srvcs 6,146,032 $         6,661,825$      92.26% 4,581,380$      1,564,652$          34.15% Finance 2,503,831 $         2,501,255$      100.10% 1,977,207$      526,624$              26.63% Community Development 4,114,062 $         4,914,253$      83.72% 3,120,853$      993,209$              31.82% Legal Services 525,090 $            582,809$         90.10% 544,434$         (19,344)$               ‐ 3.55% Police Department 21,101,639 $       21,305,218$   99.04% 20,668,639$   433,000$              2.09% Fire Services 10,343,732 $       10,310,640$   100.32% 9,867,228$      476,504$              4.83% Public Works 6,526,179 $         6,856,435$      95.18% 5,750,100$      776,079$              13.50% COVID‐19 (Payroll) 5,679 $                 ‐ $                  N/A 275,135$         (269,456)$            ‐ 97.94% COVID‐19 (Non‐Payroll) 103,658 $            103,468$         100.18% 55,521$           48,137$                86.70% Non‐Departmental (Other) 9,611,496 $         9,061,063$      106.07% 6,230,349$      3,381,148$          54.27% TOTAL EXPENDITURES 64,817,735 $      66,429,403$   97.57% 56,288,463$   8,529,271$          15.15% Revenues vs. Expenditures 1,624,687$         (1,555,087)$    1,010,342$ FY 2022 Year over Year FY 2023
FY 2023 FY  2022 Year over Year

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Attachment: Financial Status Update (General Fund Q4 YTD 2023) (FY 2023 Year-End Fiscal Update) CHART REVENUES VS. EXPENDITURES  ‐ Fiscal Year (FY) 2023 Q4 ‐ Ending June 30, 2023
GENERAL FUND
FY 2023 YE FY 2022 YE Growth (%)
Revenues 66,442,422 $       57,298,806$   15.96%
Expenditures 64,817,735 $       56,288,463$   15.15%
$50,000,000
$52,000,000
$54,000,000
$56,000,000
$58,000,000
$60,000,000
$62,000,000
$64,000,000
$66,000,000
$68,000,000
FY 2023 YE FY 2022 YE
Revenues vs. Expenditures  ‐ Q4 Fiscal Year (FY) 2023 to FY 2022 Comparison
Revenues Expenditures

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Attachment: Financial Status Update (General Fund Q4 YTD 2023) (FY 2023 Year-End Fiscal Update)

City
Council
Report

TITLE: Amendment to the Classification and Salary Plan – Plan Check Examiner (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution amending the Classification and Salary Plan to add a new classification and corresponding salary range for a Plan Check Examiner and approving a corresponding budget adjustment.

BACKGROUND

Applications for building permits from the City of Campbell (Ci ty) require review by the Community Development Department’s Building Division to ensure they are consistent with the relevant California Building Code and the City of Campbell Municipal Code.

This function is currently managed by the City’s Building Offi cial, with the support of the Senior Building Inspector and additional Building Division staff.

Over the past three years, the Building Division has experienced consistently high levels of building permit activity. This increase in permit activity has increased the burden on staff resulting in the City contracting with a third -party to assist the Building Division’s staff with plan check review , including structural engineering review . In addition, with the newly adopted 2040 General Plan and 2023 -2031 Housing Element, the City is planning for the development of new housing units, requiring more plan check review services.

At the recommendation of staff, the City Council adopted a Fiscal Year (FY) 2024 Budget that provides for the creation of a “Plan C heck Engineer” position in the Community Development Department (Department) to manage existing and expected future permit volume.

However, as more fully spelled out below, since adoption of the FY 2024 Budget, the Community Development Director and Bui lding Official have further evaluated the needs of the Department related to a plan check position and have determined that at this time, a “Plan Check Examiner” would better serve the Department’s needs while also slightly reducing salary costs.

DISCUSSION

Item: 10
Category: NEW BUSINESS
Meeting Date: October 17, 2023
10 Packet Pg. 68
Amendment to the Classification and Salary Plan Page 2 of 4 Based on the City’s current and impending needs, the City’s adopted FY 2024 Budget provides for the creation of a new job classification of Plan Check Engineer. However, upon further review, the Department has determined that a Plan Check Examiner would be better positioned to meet the needs of the Department. First, a Plan Check Examiner is qualified to conduct plan review o f building permits . And, w hile a Plan Check Examiner does not have the engineering qualifications required to conduct structural engineering review , t he majority of the Division’s plan check needs involve permits that do not need structural engineering review . Moreover, the City currently obtains structural engineering review services from its third -party plan contract. Thus, a Plan Check Examiner will provide greater operational benefit for the Department and help the City more appropriately meet its customers’ needs.

As to compensation for a Plan Check Examiner classification, staff has surveyed the cities of Cupertino, Gi lroy, Los Altos, Los Gatos, Milpitas, Morgan Hill, Mountain View, Palo Alto, Santa Clara, Saratoga, and Sunnyvale and recommends a salary range as follows:
10 Packet Pg. 69
Amendment to the Classification and Salary Plan Page 3 of 4

Plan Check
Examiner Step 1 Step 2 Step 3 Step 4 Step 5
Hourly $56.13 $59.09 $62.20 $65.47 $68.92
Bi-Weekly $4,490.68 $4,727.04 $4,975.83 $5,237.71 $5,513.38 Monthly $9,729.82 $10,241.91 $10,780.96 $11,348.38 $11,945.66 Annual $116,757.79 $122,902.93 $129,371.51 $136,180.54 $143,347.93

The Human Resources Division also reached out to the Campbell Municipal Employees Association (CMEA) regarding the Plan Check Examiner position. The purpose of this engagement was to review the job description and duties of a Plan Check Examiner and ensure that it made sense to integrate the proposed position within CMEA. CMEA agreed that the position should be added to their existing framework and if the City Council approves staff’s recommendation, the Plan Check Examiner would be represented by CMEA.

FISCAL IMPACT

The Plan Check Examiner will be covered by funds identified in the adopted FY 2024 Budget for the creation of the Plan Check Engineer. The full costing for a Plan Check Examiner is $170,332 , w hile the full costing for a Plan Check Engineer is $187,805.

Should the City Council approve staff’s recommendation, the City will realize a salary savings of approximately $17,000 annually.

ALTERNATIVES

1. Do not approve the changing of the position from Plan Check Engineer to Plan Check Examiner.

2. Provide other direction to staff.

Prepared by:

Mary Hao, Interim HR Manager

Approved by:

Brian Loventhal, City Manager
10 Packet Pg. 70
Amendment to the Classification and Salary Plan Page 4 of 4

Attachment:
a. Resolution - Plan Check Examiner
b. Plan Check Examiner
c. Budget Adjustment Form
10 Packet Pg. 71

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

APPROVING THE AMENDMENT TO THE CLASSIFICATION AND SALARY PLAN TO

INCLUDE THE CREATION OF THE PLAN CHECK EXAMINER CLASSIFICATION AND A

CORRESPONDING BUDGET ADJUSTMENT

WHEREAS, the City Manager is required by Section 2.12.030 of the Campbell Municipal Code to prepare and submit to the City Council recommendations for the reorganization of offices, departments, and positions which are considered to be in the best interest of efficient, effective and economical conduct of the municipal services provided by the City; and

WHEREAS, Section 2.16.010 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’s adopted Fiscal Year (FY) 2024 Budget provides for the creation of a “Plan Check Engineer” position in the Community Development Department (Department) to manage existing and expected future building permit volume; and

WHEREAS, since adoption of the FY 2024 Budget, the Department has determined that at this time, a “Plan Check Examiner” would better serve the Department’s needs; and

WHEREAS, this will result in a savings to the City of approximately $17,000 in FY 2024;

WHEREAS, an amendment to the current Classification and Salary Plan is needed to add a “Plan Check Examiner” position, along with a corresponding salary range; and

WHEREAS, an amendment to the current Classification and Salary Plan is needed to meet the requirements of Municipal Code Section 2.12.030;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby approves amending the Classification and Salary Plan to add a Plan Check Examiner classification and a corresponding salary range as provided in the table below and a corresponding budget adjustment:

Plan Check
Examiner Step 1 Step 2 Step 3 Step 4 Step 5
Hourly $56.13 $59.09 $62.20 $65.47 $68.92
Bi-Weekly $4,490.68 $4,727.04 $4,975.83 $5,237.71 $5,513.38 Monthly $9,729.82 $10,241.91 $10,780.96 $11,348.38 $11,945.66 Annual $116,757.79 $122,902.93 $129,371.51 $136,180.54 $143,347.93

PASSED AND ADOPTED this ______ day of October, 2023, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

____________________________
Anne Bybee, Mayor

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Attachment: Resolution - Plan Check Examiner (Amendment to the Classification and Salary Plan) ATTEST:

________________________
Andrea Sanders, City Clerk

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Attachment: Resolution - Plan Check Examiner (Amendment to the Classification and Salary Plan)

CITY OF CAMPBELL

PLAN CHECK EXAMINER

DEFINITION

Under direction, performs a variety of professional and technical plan check review duties related to commercial, industrial, and residential building plans; and provides to the public, in person and by phone, information concerning applicable codes and ordinances.

TYPICAL DUTIES
Review and evaluate on -line submitted building construction plans and documents for compliance to: California Building, Residential, Fire, Mechanical, Electrical, Plumbing, Energy, Cal Green, and Campbell Municipal Codes. Assists permit applicants through telephone, email and at the public counter; provide code research and identify code updates required; participate in pre -design meetings with Planning, Public Works, Building, and Fire; instruct and assist engineers, architects, developers, contractors, and property owners regarding interpretation and enforcement of building codes; identify necessary changes to electronic plans under review to ensure compliance with building, plumbing, mechanical, electrical, accessibility, energy codes and regulations; resolves problems with permit applicants as necessary; coordinate plan check activities with other City departments and outside agencies and ensures timely return for permit iss uance; stay abreast of current codes, regulations, and other technical references to verify compliance of construction materials and methods; conduct field inspections to check building sites prior to and during construction as necessary; prepares various reports and correspondence, including those related to corrections and deficiencies as submitted in plans/construction documents; maintains records, reports, files and documentation of operational activities; make determinations regarding classification of buildings under the Municipal Code (such as new versus remodel); issue permits; support Building Official, Inspectors and Code Enforcement Officer in issuing Stop Work orders and managing Code Enforcement cases; identify and implement enhancements to building permit review workflows and processes, including online permitting software, and perform other related duties as required. May serve in the absence of the Building Official;

EMPLOYMENT STANDARDS

Experience and Experience: Equivalent to an Associat e’s Degree from a college or university or trade school in building construction
technology, architecture, engineering technology,
construction management, or a related field. Two years of construction / inspection field experience or plans check experience, or combination thereof, working for a city or county agency, engineering, or construction consulting
firm.

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Attachment: Plan Check Examiner (Amendment to the Classification and Salary Plan) Knowledge of: Principles and practices of basic engineering and code requirements as related to building construction;
fundamentals of design and analysis; research methods,
standards, techniques and terminology as related to
building code enforcement and construction industry;
applicable local, Federal and State legislation and
regulations, and City policies and procedures; software for on-line permit application and plan review / markup, word processing, spreadsheet, and database
applications; pertinent local, state and federal laws, codes, ordinances, City functions, policies, rules and regulations.

Ability to: Perform professional and technical plan checking duties related to commercial, industrial, and residential building plans; read and interpret building construction plans,
including plumbing, electrical, and mechanical plans;
understand and review engineering calculations; exercise independent judgment in the interpretation and
application of laws, regulations, and rules; obtain
information through interview and questioning; deal firmly and courteously with those contacted in the course of
work; analyze situations q uickly and objectively and
determine proper course of action; communicate clearly and concisely, both orally and in writing; operate a
personal computer with proficiency and familiarity to
produce effective professional reports, charts,
spreadsheets and other documents.

Possession of: Valid California Driver’s License
International Code Council (ICC) Commercial and
Residential Plans Examiner Certificate
Additional certifications are encouraged

Supplemental Information: In compliance with the American with Disabilities Act, the City of Campbell will provide reasonable accommodation
to qualified individuals with disabilities and encourages both prospective and current employees to discuss
potential accommodations with the Human Resources
Division

The City of Campbell is an Equal Opportunity Employer

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Attachment: Plan Check Examiner (Amendment to the Classification and Salary Plan) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.

October 17, 2023 BA-11
Budget to be Reduced
Fund/Program Account Number Description Amount

EXPENDITURES
101.554 7001 Salaries and Benefits - Reduction Plan Check Examiner 17,000 Budget to be Increased
Fund/Program Account Number Description Amount
REASON FOR REQUEST - BE SPECIFIC:

Finance Director Community Development Director City Manager Community Development
Will Fuentes Rob Eastwood Brian Loventhal
Reduction of Plan Check Engineer position in the FY 2024 Adopted Budget to a Plan Check Examiner; resulting in a savings of approximately $17,000.
101.554 - Building Codes Regulations

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Attachment: Budget Adjustment Form (Amendment to the Classification and Salary Plan)

City
Council
Report

TITLE: Resolution Authorizing the Issuance of a Request for Qualifications (RFQ) for Operation and Management of the Campbell Heritage Theatre and Authorizing the Cit y Manager to Negotiate Services Agreement (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a Resolution authorizing issuance of a Request for Qualifications (RFQ) for Operation and Management of the Campbell Heritage Theatre and authorizing the City Manager to negotiate a Services Agreement with the most qualified firm.

BACKGROUND

On May 1, 2013, the City of Campbell entered into a new agreement with VenueTech Management Group for management and consulting services of the Herit age Theatre after an RFP process. The initial term of the Agreement was for a five (5) year period with the option to extend the Agreement up to two (2) additional subsequent terms of three (3) years each. The Agreement was up for renewal on June 30, 2021. Due to unforeseen closures from COVID -19 the agreement was reopened, and another extension was mutually agreed upon. The current agreement is set to expire on June 30, 2024. As this is the end of the Agreement’s renewal terms a Request for Qualifications is being recommended to determine qualified firms.

DISCUSSION

The City of Campbell strives to operate a high -quality, state-of-the-art performing arts theatre that is competitive in the industry and meets the cultural, recreational, and social needs of t he Campbell community and the larger Silicon Valley area. For the past 20 years the Heritage Theatre has operated using a mixed -use business model that includes in -house production of professional entertainment and facility rentals to promoters, organizations, and individuals.

The purpose of the enclosed RFQ is to identify qualified firms that can continue to operate the Heritage Theater using the established mixed -use business model which has proven to be a successful operational strategy. The City has n o desire to change the business model which the Heritage Theatre is operating under and seeks a qualified firm with personnel specially trained, experienced, and competent to perform the Item: 11
Category: NEW BUSINESS
Meeting Date: October 17, 2023
11 Packet Pg. 77
Request for Qualifications (RFQ) for Operation and Management of the Campbell Heritage Theatre

services requested. If approved , the RFQ would be immediately posted with qualifying firms having until mid-November to provide submissions. It is the intent to have the City Manager negotiate the final agreement and return to the City Council for final approval in December 2023.

FISCAL IMPACT

Operational costs associated with the Heritage Theatre are developed annually and approved by City Council. All associated changes to a new agreement will be presented to the City Council and approved during the FY25 budget process. Current approved expenditures will be used in negotiating a new agreement.

Prepared by:

Natasha Bissell, Recreation and
Community Services Director

Approved by:

Brian Loventhal, City Manager

Attachment:
a. RESOLUTION - RFQ HERITAGE THEATRE MGMT
b. RFQ HT MGT
11 Packet Pg. 78
RESOLUTION NO___________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) TO

SOLICIT OPERATION AND MANAGEMENT SERVICES OF THE CAMPBELL

HERITAGE THEATRE AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE A

SERVICES AGREEMENT

WHEREAS, the City of Campbell has adopted a business model for the Campbell Heritage Theatre that relies on the selection of a qualified firm to manage and oversee the daily operations of the Theatre; and
WHEREAS, the existing operation and management agreement has been in effect for a period of over ten years; and
WHEREAS, it is deemed to be in the City’s best interest to seek qualified firms to operate and manage the Heritage Theatre; and
WHEREAS, the contract calls for persons specially trained, experienced, and competent to perform the specialized services required; and
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the issuance of an RFQ to identify qualified firms to operate and manage the Heritage Theatre and to authorize the City Manager to negotiate a new service agreement.

PASSED AND ADOPTED this _____ day of __________, 2023 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

________________________
Anne Bybee, Mayor

ATTEST:

_________________________
Andrea Sanders, City Clerk

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Attachment: RESOLUTION - RFQ HERITAGE THEATRE MGMT (Request for Qualifications (RFQ) for Operation and Management of the

`

CITY OF CAMPBELL

REQUEST FOR QUALIFICATIONS (RFQ) FOR

OPERATION AND MANAGEMENT OF THE CAMPBELL HERITAGE THEATRE

City of Campbell
70 North First Street
Campbell, CA 95008

Proposals Due: 3:00 PM, Wednesday, November 15, 2023

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Attachment: RFQ HT MGT (Request for Qualifications (RFQ) for Operation and Management of the Campbell Heritage Theatre)

TABLE OF CONTENTS
Contents
General Information ........................................................................................................ 3 Background ..................................................................................................................... 4 Schedule of Activities ..................................................................................................... 4 RFQ Evaluation Criteria .................................................................................................. 8 Additional Information .................................................................................................... 9 FEES ............................................................................................................................... 13 ATTACHMENT 1 - CONFLICT OF INTEREST STATEMENT ........................................ 14 ATTACHMENT 2 – NON-COLLUSION DECLARATION ............................................... 16 ATTACHMENT 3 - STATEMENT REGARDING INSURANCE COVERAGE AND WORKER’S COMPENSATION INSURANCE ACKNOWLEDGMENT CERTIFICATE .. 17 ATTACHMENT 4 - INSURANCE REQUIREMENTS ...................................................... 18 ATTACHMENT 5 – SAMPLE SERVICES AGREEMENT ............................................... 21

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Attachment: RFQ HT MGT (Request for Qualifications (RFQ) for Operation and Management of the Campbell Heritage Theatre) Request for Qualifications for
Operation and Management
of Campbell Heritage Theatre

General Information
The City of Campbell (CITY) is soliciting proposals to identify a qualified firm (CONTRACTOR) to negotiate a five-year agreement to operate and manage the Campbell Heritage Theatre. The selected qualified CONTRACTOR and the C ITY will have the option to renew the agreement for up to two, three -year terms. It is the City’s desire to have an executed agreement with the most qualified CONTRACTOR no later than January 1, 2024.

The scope of work for the Request for Qualifications (RFQ) includes, but is not limited to Theatre Management ; consultation; facility operations ; hire, train, and super vise all required full -time and part -time employees; manage approved budgets and provide recommendations; manage and operate box office service s; marketing and business development; negotiating talent contracts and contract riders on behalf of the City ; supervise all concession programs within the Theatre; coordinate, adhere to, and enforce designated City policies; and provide oversight, guidance and support to non-profit board.

A detailed scope of services is outlined in the Scope of Services Section in this RFQ.

The contractor, its employees, agents, representatives, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of the City. The contractor shall assume all of the rights, obligations and liabilities applicable to the Agreement as an independent contractor hereunder. The Contractor represents and warrants tha t they (i) are fully experienced and properly qualified to perform the scope of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agreement.

The Service Agreement will be issued by the City of Campbell and administered by the Recreation and Community Services Department. A sample of the Services Agreement is included in Attachment 5.

The City’s Recreation and Community Services Director , or authorized designee, will supervise the agreement and be the contractor’s primary contact person for the City. The contractor shall receive final direction from the Recreation & Community Services Director or an authorized designee.

The selected contractor shall maintain their key personnel throughout the entire duration of services; and shall conduct their business in a professional manner to schedule and support their personnel in providing the scope of services in a timely and professi onal manner.

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Background
The Campbell Heritage Theatre has long been viewed as a significant historical and architectural resource in the valley. Built in 1938, the Theatre was used for over 40 years as the original school auditorium of Campbell High School. The City of Campbell acquired the site in the early 19 80’s when the facility was closed due to structural concerns and declining school enrollment. Over the next twenty years, the site was converted into what is now the Campbell Community Center. However, due to limited resources, the Theatre remained closed during this period. In the early 2000’s, a group of dedicated community leaders formed the “Friends of the Campbell Heritage Theatre” as a 501©3 for the purpose of restoring the Theatre for use as a performing arts center. A multi-million-dollar renovation was completed, and the Theatre officially re -opened as a state -of-the-art performing arts Theatre on February 14, 2002.

The renovated Theatre is 20,229 square feet and seats a maximum of 800 patrons. The fully restored and renovated Heritage Theatre features state-of-the-art sound and lighting systems. There are three levels including the basement, which houses the mechanical room, storage room, orchestra pit and elevator equipment; the ground floor, or main floor contains the Box Office, Lobby, Sound Booth, Restrooms, Auditorium, Stage and Dressing rooms; the Light Control Booth and Balcony seating are located on the second floor.

Schedule of Activities
The City reserves the right to amend the tentative project schedule as necessary.

Activity Dates
RFQ release October 18, 2023
Request for Information (RFI) Deadline November 8, 2023 RFQ Submission Deadline (3:00 p.m.) November 15, 2023
RFQ Evaluation November 16, 2023
Agreement Negotiation Deadline December 15, 2023
Fully executed agreement December 22, 2023

Obtaining RFQ
RFQ documents shall be available on the City’s website for downloading at the City of Campbell’s website at www.campbellca.gov/bids on or after 8:00 a.m. pacific standard time on October 18, 2023. It shall be the CONTRACTORS’ responsibility to check and obtain any addenda that may be issued.

The CITY will evaluate the qualifications and supporting documents and may conduct interviews with contractors that demonstrate the best qualifications for th e proposed services. From this evaluation and the possible interviews, the C ITY will select a contractor and negotiate a fee for the services delineated in the RFQ. The contractor must be ready to execute the City’s Services Agreement (draft version is inc luded in Attachment 5) no later than December 22, 2023.

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RFQ Submission Requirements
The RFQ responses must be received by the CITY no later than 3:00 p.m. Pacific Time, Wednesday, November 15, 2023. Submit one(1) electronic copy in PDF format either to [email protected] or on a USB drive, in a sealed envelope with the Con tractor’s name, address, contact person(s), and phone number, and cl early Labeled: “ Heritage Theatre Operation & Management Services” and delivered or mailed to:

City Clerk’s Office
Attn: Natasha Bissell
City of Campbell
70 N. First Street, Campbell, California 95008

Each contractor assumes full responsibility for timely delivery of its RFQ at the required location. RFQs received after the time and date specified above will be considered nonresponsive and will be returned to the Contractor. Oral, telephone, facsimile, or telegraph RFQ’s are invalid and will not receive consideration.

RFQ Format
Proposals should be prepared simply and provide a straightforward, concise description of the company’s qualifications and capabilities to meet the requirements outlined in this RFQ.

RFQ’s should include the following:

1. Transmittal Letter: To include legal name of Contractor firm and form of business, address, phone number and email address. Attachment 5 is the City’s contract template for the Standard Services Agreement. In the transmittal letter, state that the City’s contract template is acceptable to the Contractor. The letter should be signed by an authorized representative of the firm.

2. Company Information and Background: Provide an overview of the Contractor’s general expertise, experience, and ability to perform the scope of services described in this RFQ for the Operation and Management of the Campbell Heritage Theatre.

3. Experience with similar projects: Description of at least three similar, in type and size, public auditorium buildings managed by your firm within the last five years, including the following:

4. Qualifications and Proposed Staffing: Names, qualifications, and experience of proposed assigned key personnel who will be responsible for carrying out and performing the day-to-day operation and management services as stipulated in this RFQ. Brief resumes for the Project Principal or Manager and any other key employees who will be assigned to this contract, identifying their qualifications and experience.

5. References: Include at least three (3) other publicly own arts buildings your firm manages. Include agency contact information, size of building, number of years your firm has operated the building and a brief scope of services provided.

6. Certifications: Complete, sign, and return the attached certifications in this RFQ:
a. Attachment 1 – Conflict of Interest Statement;

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b. Attachment 2 – Non-Collusion Declaration;
c. Attachment 3 – Statement Regarding Insurance Coverage and Worker’s Compensation Insurance Acknowledgment Certificate.

7. Cost proposal: Provide anticipated monthly costs with estimated personnel hours per month including reimbursable expenses. Attach a schedule of fees to the cost proposal (billing rates for all proposed personnel and reimbursable expenses.) General Provisions and Requirements
Scope of Services
The selected CONTRACTOR shall provide the following professional services for the Operation and Management the Campbell Heritage Theatre, but not limited to:
• Manage and operate the Campbell Heritage Theatre in accordance with policies approved by the City.
• Be responsible for all day-to-day functions and operations of the Campbell Heritage Theatre and shall operate the Theatre at all times in the public intere st and in accordance with the highest professional and ethical standards. • Hire, train and supervise all required full-time and part-time employees including but not limited to the Theatre Manager, box office manager, production manager, technical director, stage hands, technical staff, box office employees, ushers, ticket takers, volunteers and other employees as needed. • Manage payroll and other employee systems.
• Provide adequate worker’s compensation insurance for all employees working at or on behalf of the Heritage Theatre.
• Represent the CITY with regard to use of the Heritage Theatre by third parties for the production of public and private events.
• Prepare and sign rental agreements, enforce City policies, ensure adequate insurance is maintained and collect fees from rental clients on behalf of the CITY. • Manage accounting records for all transactions and provide monthly reports to City’s financial team.
• Recommend operating budgets, track revenues and expenditures, develop programming models, rental rates, operating policies, business strategies and changes to the Business Plan to the City.
• Approval of policies and fees is the responsibility of the City Council • Execution of approved policies and fees is the responsibility of the CONTRACTOR.
• Manage all box office operations including, ticket sales, management and training of ticketing software, box office receipts, scheduling of patron seating, management of patron sales information , customer concerns or problems and administration of any other software systems utilized in the operation or management of the Heritage Theatre.
• Negotiate Talent Contracts for Performing Artists who will perform at the Heritage Theatre for events produced in-house on behalf of the CITY. • Negotiate Contract Riders and show advance services for those events to be

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produced in -house on behalf of the CITY including production requirements, staffing requirements, security, bus and truck parking, air transportation, ground transportation, lodging, catering services, merchandise rights, financial settlement procedures, media rights, approval of marketing plans, approval of use of artists image, approval of artists recorded materials, media and public access to artists, backstage accessibility and other issues. • Manage the Theatre master calendar for performance, rehearsal, technical and production needs and maintenance schedules for all events during the term of the agreement.
• Negotiate and c oordinate with third party caterers, concessionaires and other food and merchandise vendors as needed.
• Manage, coordinate or operate an in -house concession program that is approved by the CITY.
• Coordinate the even t production needs of all rental clients in cluding the provisions of production services, such as technical support, stage equipment, production staff, public catering, backstage catering, box office, ushers, ticket takers and other related services.
• Provide ongoing guidance and support to rental clients to best meet their needs for production, promotion, and other concerns as they arise. • Execute and administer all marketing requirements of all booked Professional Artists.
• Coordinate with Agents, Managers, or Agencies to develop and implement negotiated marketing and advertising plans for individually booked Professional Artists.
• When appropriate, coordinate personal appearances, interviews, and “meet - and-greets” with booked Professional Artists.
• Develop all marketing materials for season shows produced by the CITY. • Provide marketing materials and additional rental information to the Recreation and Community Services Department three times a year for Activity Guide mailer.
• Write and implement the sales and marketing plan for all events hosted at the Heritage Theatre.
• Solicit sponsorships, program ads, and donations annually for season of shows produced by the City meeting agreed upon revenue targets. • Designate an employee to serve as an Ex-Officio member on the Friends of the Heritage Theatre Board (FOHT).
• Provide guidance, support and non-profit counselling to Friends of the Heritage Theatre.
• Attend monthly meetings with designated City personnel. • Attend m onthly or as needed meetings with FOHT for board meetings and committee meetings.
• Work closely with Maintenance di vision to address any electrical, mechanical , structural, or plumbing issues.

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• Develop capital plan in accordance with established equipment schedule. • Prepare documents, reports, or data as requested by City personnel. • Coordinate City volunteer program and manage, train, and recruit volunteers to assist with events at the Heritage Theatre.

RFQ Evaluation Criteria

The City will evaluate each RFQ proposal using the following criteria and point systems:

1. Conflict of Interest Statement and Non-Collusion Declaration (Pass/Fail) a. Discloses any financial, business or other relationship with the City that may have an impact upon the outcome of the agreement.
b. Lists current clients who may have a financial interest in the outcome of this agreement.

2. Completeness/Organization of the RFQ (10 Points)
a. RFQ that is current, accurate, and complete in accordance with the requirements of this RFQ. The RFQ format and organization shall follow the requirements herein. RFQ’s that do not include the content requirements identified within this RFQ and subsequent addenda and do not address items listed shall be considered incomplete.

3. Organization and Approach (25 points)
a. CONTRACTORS must comment on the firm’s ability to realistically provide the services listed in the Proposed Scope of Services as outlined in this RFQ. Indicate how your firm/team would approach the operation and management of the Heritage Theatre and what special ized services or unique insights your team would bring to the project.
b. Describes familiarity with the Heritage Theatre and demonstrates understanding of current business operations.
c. Roles and Organization of Proposed Team
i. Proposes adequate and appropriate administrative oversight. ii. Proposes adequate staffing model to manage services outlined in Scope of Services.
d. Working Relationship with City
i. Team and its leaders have experience working in the public sector and knowledge of public sector arts buildings.
ii. Team leadership understands the nature of public sector work and its decision-making process.
iii. Team is committed to regularly in-person meetings as defined by the scope of services and is committed to attending other meetings as required.

4. Team’s Qualifications & Experiences (25 points)
a. Relevant experience, specific qualifications, and technical expertise of the firm related to the services outlined in the Scope of Services.

5. Qualifications of Key Individuals (25 points)
a. Related Experience and Expertise – Discuss prior related experience satisfying Minimum Qualifications that would make the firm the best qualified for the operation and management of the Heritage Theatre. b. Team is managed by an individual(s) with appropriate experience operating

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a public arts building. Adequate staffing is available to be committed to on site operational management.
c. Team members, as demonstrated by enclo sed resumes, have relevant experience for their role in the operation and management of the Heritage Theatre.

6. References (15 points)
References – A minimum of three (3) current references from public arts buildings your firm currently operates and manages. Provide the following information for each reference:
a. Agency Name:
b. Building Name:
c. Agency contact name, phone, email:
d. Seating capacity of building:
e. Brief Scope of Work:
f. Number of years your firm has operated the building:

No. RFQ Evaluation Criteria Possible Points
1 Conflict of Interest Statement and Non-Collusion Declaration Pass/Fail 2 Completeness/Organization of RFQ 10
3 Organization and Approach 25
4 Team’s Qualifications and Experiences 25
5 Qualification of Key Personnel 25
6 References 15
Subtotal: 100

Oral Interview (if necessary)

If necessary, the top-ranking Contractors may be invited to participate in Oral Interviews for a contractor presentation and Q&A session. A Con tractor will be notified of the time and place for oral interviews and if any additional information may be required to be submitted.

Following the City’s determination of the firm best qualified for this work, scope of services and final terms will be negotiated, and the CONTRACTOR and the CITY will execute the City’s Standard Services Agreement (Attachment 5). If negotiations with the top- ranked Contractor are not successful, the City will select the next -ranked Contractor for award and negotiate the final terms of the contract.

Additional Information

1. Reservation of Rights. The City reserves the right to accept or reject any or all RFQ’s, or to alter the selection process if warranted, to postpone the selection process for its own convenience at any time, and to waive any defects in the RFQ.

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The City also reserves the right to accept or reject any individual sub -contractor that a candidate proposes to use. This RFQ and the interview process shall in no way be deemed to create a binding contract or agreement of any kind between the City and the Con tractor. The City’s standard form of service agreement will form the basis of the contract between the parties.

2. Contractor’s Costs. Each Contractor responding to this RFQ acknowledges and agrees that the preparation of all materials for submittal to the City and all presentations, related costs, and travel expenses, including but not limited to vehicle miles, vehicle rentals, flights, transit fares, and meals, are at the Contractor’s sole expense. The City shall not, under any circumstances, be responsible for any cost or expense incurred by the Con tractor. In addition, each Contractor acknowledges and agrees that all documentation and/or materials submitted with the RFQ shall remain the property of the City.

Contractor fees shall be negotiated and established on a time and material basis, supported by an agreed schedule of rates. Contractor’s proposal shall include a detailed cost breakdown of the total proposed management fee, a breakdown of the proposed costs to support ongoing operations and permitted events under the scope of services, and any additional costs anticipated to complete the operations and management of the Heritage Theatre.

3. Communicating with City. If you have any questions regarding this RFQ, please contact Natasha Bissell, the City’s Contact:

Natasha Bissell
Recreation & Community Services Director
City of Campbell
Recreation & Community Services Department
1 W. Campbell Ave ., Campbell, Californ ia 95008
(408) 866-2771
[email protected]

The City’s sole point of contact for this RFQ shall be the City’s contact who shall administer the RFQ process. All communications shall be submitted in writing and shall specifically reference this RFQ (identify in the subject line the RFQ Title).

Only answers issued by an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. No contact with other City staff, City Council Members, or any other public official concerning the RFQ during the selection process is allowed. A violation of this provision may result in the disqualification of the contractor.

4. Assumptions of Contractors. The City is not responsible for the assumptions of Contractors. Neither the participation of the City in any pre -proposal meeting, nor the subsequent award of the contract by the City shall in any way be interpreted as an agreement or approval by the City that a Con tractor’s assumptions are reasonable or correct. The City specifically disclaims responsibility or liability for

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any Contractor’s assumptions in developing its RFQ.

5. Retention of Records. The Contractor shall retain all books and records related to the Project for a minimum of four (4) years after the end of the Project.

Notwithstanding the above, if there is litigation, claims, audits, negotiations, or other actions that involve any of the records cited and that have stared before the expiration of the four (4) year period, then such records must be retained until completion of the actions and the resolution of all issues, or the expiration of the four (4) year period, whichever occurs later.

All record s, accounts, documentation, and other materials maintained by the Contractor regarding the Project shall be accessible to the City upon reasonable prior notice for the purpose of examination or audit. Access to said records shall be consistent with applicable federal, State, and local laws regarding privacy and obligations of confidentiality.

6. Public Record. All responses to this RFQ become property of the City and will be kept confidential, subject to the requirements of the California Public Record Act, until a recommendation for award of a contract has been announced. Submittals are subject to public inspection and disclosure under the California Public Records Act. (Cal. Govt. Code sections §7920 et seq (2021) ). Unless the information is exempt form disclosure by law, the content of any RFQ, request for explanation, or any other written communication between the City and any Con tractor, and between City employees or con tractors, regarding the procurement, shall be available to the public. In any event, th e City shall have no liability to Con tractors for making disclosures required by the California Public Records Act or other law, court order, legal proceeding discovery request, investigative demand, subpoena, or order from a regulatory body having jurisdiction over either of the parties.

Nothing contained herein shall be construed as requiring or obligating the City to withhold information in violation of the California Public Records Act or other laws.

7. Equal Opportunity. The City hereby notifies all Contractors that it will affirmatively insure tha t in any contract entered into pursuant to this procurement, minority business enterprises will be afforded full opportunity to submit RFQ’s in response to this RFQ and will not be discriminated against on the grounds of race, creed, color, national origin , ancestry, sexual orientation, political affiliations or beliefs, sex, age, physical disability, medical condition, marital status, pregnancy, or other protected characteristic as set forth hereunder.

8. Appeal. The City will entertain appeals regarding thi s RFQ process only as set forth herein. The appeal process presented in this RFQ will take precedence in the case of any conflict with the appeal processes contained in the City’s Policies and Procedures. The City will not entertain appeals regarding, or r econsider, substantive scores or determinations made in the evaluation process.

Appeals may be based upon restrictive requirements or alleged improprieties in the RFQ that are apparent or reasonably should have been discovered prior to the

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City’s receipt of RFQ’s. Such appeals shall be written and hand delivered or sent via certified mail to be received by the City’s contact at least fourteen (14) calendar days prior to the City’s receipt of RFQ’s. The appeal must clearly specify in writing the grounds and evidence on which the appeal is based.

Appeals may also be based upon alleged improprieties that are not apparent in the RFQ or that could not reasonably have been discovered prior to the City’s receipt of the RFQ’s. Such appeals are limited to 1) the City’s failure to follow its own appeal procedures set forth in this Section; and 2) other procedural errors in the RFQ process. The appeal must clearly specify in writing the grounds and evidence on which the appeal is based. Such appeals shall be in writing and hand delivered or sent via certified mail to be received by the City. Contact within five (5) calendar days from receipt of the notice from the City informing of the Successful Contractor.

The City’s contact will respond to an appeal in writing within ten (10) business days of receipt, and that determination shall be final.

The appeal procedures summarized in this Section are mandatory and comprise the sole and exclusive appeal procedures for this RFQ. A Contractor’s failure to comply with the procedures set forth herein will result in rejection of the appeal and constitute a waiver of any right to further pursue a protest or appeal (including, but not limited to, filing a Government Code claim or legal proceeding). If the City determines the appeal to be frivolous, the Respondent originating the appeal may be determined to be irresponsible and may be ineligible for future purchase orders and/or contracts.

In order to prevail on an appeal based on alleged improprieties not apparent in the RFQ as described herein, a Con tractor must demonstra te than an error was material and prejudicial to the Con tractor’s effort to become selected for participation in this Project. In other words, in order to prevail, the Contractor must demonstrate that but for the City’s error, the Contractor would have been selected as the Successful Respondent.

If an appeal is received within five (5) business days from receipt of the notice from the City informing of the Successful Con tractor, the City will proceed with the following process: 1) City provides a copy of t he appeal to the Successful Respondent and, within five (5) business days of receipt, Successful Con tractor may provide to the City a written response to the appeal; 2) within ten (10) business days thereafter, City prepares a written response to t he appeal and to the Successful Contractor’s response, if any, and provides the analysis to appellant and Successful Con tractor; 3) within five (5) business days, appellant and Successful Contractor may provide written responses; 4) City sets a hearing date for a City Council determination on the appeal and prepares a written staff report and recommendation; 5) City staff notifies Successful Contractor and appellant of the date and time of the hearing and prepares and distributes a written record containing all documents necessary for the City Council determination and distributes the record to all parties; 6) City Council hearing in which Successful Contractor and appellant are provided full opportunity to present matter to City

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Council; 7) City Council renders a final determination.

9. Governing Law. The laws of the State of California shall govern the interpretation and enforcement of the contract. Legal action may be instituted only in the Superior Court of the County of Santa Clara, State of California , or in the Federal District Court in the Northern District of California.

10. Adherence to All Local, State, and Federal Laws and Requirements. The Contractor shall adhere to all applicable federal, state, and local laws, ordinances, statutes, rules and regulations, and rulings or directives of any agencies having jurisdiction including without limitation those relating to the environment (including, but not li mited to, those promulgated by EPA, California Department of Public Health), wages, hours, health and safety (including, but not limited to, those promulgated by CAL-OSHA and FED-OSHA), equal employment opportunity, and working conditions or which pertain in any way to the Contractor’s scope of work.

FEES
Submit a Preliminary Fee Proposal to perform Contractor’s Proposed Scope of Services.

The Preliminary Fee Proposal shall be inclusive of all work and labor required to complete the Scope of Services, including but not limited to Contractor’s costs for administrative oversight, hourly rates for personnel, expected annual expenditures related to personnel or reimbursable items. The Preliminary Fee Proposal should be itemized by employees assigned to the building.

CONTRACT REQUIREMENTS
Once the project scope and fee are negotiated, the Contractor shall execute a City of Campbell Service Agreement which defines basic contractual relationships with attachments that specify the scope of services, compensation schedule, and deliverable schedule. A sample City of Campbell Services Agreement is attached to this RFQ as “Attachment 5”. Please note that the indemnity and insurance requirements are identified in the agreements and must be accepted without modification.

The Contractor must specifically agree, in writing, to accept the Service Agreement, including the City’s Indemnification requirements and insurance coverage requirements, without modification, in the RFQ submission transmittal letter or in the RFQ. Firms failing to provide this statement shall be considered ‘nonresponsive’ and eliminated from further consideration.

Business License Requirements
The CONTRACTOR must hold or obtain business licenses in the City of Campbell for any work within City limits.

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ATTACHMENT 1 - CONFLICT OF INTEREST STATEMENT

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE CONTRACTOR

QUALIFICATION PACKET

OPERATION AND MANAGEMENT OF THE CAMPBELL HERITAGE THEATRE

The undersigned declares:

I/We (Insert Company Name) have the following
financial, business, or other relationship with City that may have an impact upon the outcome of the contract or the construction Project. If none, please specify that no other relationships may have an impact on this contract or Project.

_
_

I/We (Insert Company Name) have the following current clients who may have a financial interest in the outcome of this contract or the construction Project. If none, please specify that no other clients may have a financial interest with an impact on this contract or Project.

I/We (Insert Company Name) have the following financial interests or relationships with a construction company that might submit a bid for the construction of the Project. If none, please specify that no such relationships exist.

Pursuant to Government Code section 1090 and any other laws, rules and regulations that may apply, the Contractor covenants that neither it, its subcontractors nor employees presently have an interest, and shall not acquire any interest, direct or indirect , financial or otherwise that would conflict in any manner or degree with contract awarded from this RFQ. Contractor certifies that to the best of its knowledge, no one who has or will have any financial interest in the contract awarded from this RFQ is an officer or employee of the City. Through its submittal of a RFQ, Contractor acknowledges that it is familiar with Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California and will immediately notify the City if it becomes aware of any facts concerning the contract to be awarded that constitute a violation of said provisions.

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Furthermore, if there is reason to believe that collusion exists among the Contractors, the City may refuse to consider RFQ’s from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one RFQ for the same work unless alternate RFQ’s are called for. A person, firm, or corporation who has submitted a sub-proposal to a Contractor, or who has quoted prices on materials to a Contractor, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Contractors. Reasonable ground for believing that any Contractor is interested in more than one proposal for the same work will cause the rejection of all proposals for the work in which a Contractor is interested. If there is reason to believe that collusion exists among the Contractors, the City may refuse to consider RFQ’s from participants in such collusion. Contractors shall submit as part of their RFQ documents the completed Non-Collusion Declaration provided herein as Attachment 4.

I, on behalf of the Contractor, declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on [date],
at [city], [state].

Contractor Name (Person, Firm, Corp.) Title of Authorized Representative

Address Name of Authorized Representative

City, State Zip

(Date) (Signed)

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ATTACHMENT 2 – NON-COLLUSION DECLARATION

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE CONTRACTOR

QUALIFICATION PACKET

OPERATION AND MANAGEMENT OF THE CAMPBELL HERITAGE THEATRE

The undersigned declares:

I am the _________________[Insert Title] of _____________________ , [Insert name of company, corporation, LLC, partnership or joint venture] the party making the foregoing RFQ.

The RFQ is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The RFQ is genuine and not collusive or sham. The Respondent has not directly or indirectly induced or solicited any other respondent to put in a false or sham RFQ. The Respondent has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham RFQ, or to refrain from responding. All statements contained in the RFQ are true.

Any person executing this declaration on behalf of a respondent that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the respondent.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on [date], at [city], [state].

By:

Name:

Title:

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ATTACHMENT 3 - STATEMENT REGARDING INSURANCE COVERAGE AND WORKER’S COMPENSATION INSURANCE ACKNOWLEDGMENT CERTIFICATE

THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE

CONTRACTOR QUALIFICATION PACKET

CONTRACTOR HEREBY CERTIFIES that the Contractor has reviewed and understands the insurance coverage requirements specified in the RFQ. Should the Contractor be awarded the contract for the Services, Contractor further certifies that the Contractor can meet the speci fied requirements for insurance, including insurance coverage of the subcontractors, and agrees to name the City as additional insured for the Services specified.

By certifying this form, the Contractor also understands the Worker’s Compensation insurance requirement per the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worke r's compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Name of Contractor (Person, Firm, or Corporation)

Signature of Contractor's Authorized Representative

Name & Title of Authorized Representative

Date of Signing

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ATTACHMENT 4 - INSURANCE REQUIREMENTS

A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
• Certificate(s) will show current policy number(s) and effective dates, • Coverage and policy limits will meet, or exceed, requirements below, • The Certificate Holder will be City of Campbell, 70 N. First Street, Campbell, California 95008,
• Certificate will be signed by an authorized representative, • An endorsement will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds.

B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by Contractor. Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE Proof of coverage for $1 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 85 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location o r the general aggregate limit will be at least twice the required occurrence limit.
• PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $1,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

Contractor will maintain insurance appropriate to Contractor’s profession; with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non -renewed and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date or start of work date, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
• AUTOMOBILE LIABILITY:

Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), per accident for bodily injury and property damage.
• WORKERS’ COMPENSATION A S REQUIRED BY THE STATE OF
CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease. Must include a waiver of subrogation.

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If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

C. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employee s and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to Contractor’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 and CG 20 37 (if a later edition is used). • PRIMARY COVERAGE
For any claims related to this agreement, Contractor’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, it s officers, officials, employees, or volunteers will be excess of Contractor’s insurance and will not contribute with it.
• NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
• WAIVER OF SUBROGATION
Contractor hereby grants to the City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Worker’s Compensation policy will be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor and its employees.
• DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self -insured retentions must be declared to and approved by the City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES

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If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
• VERIFICATION OF COVERAGE
Contractor will furnish the City with original certificates a nd amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

D. SUBCONTRACTORS
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

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ATTACHMENT 5 – SAMPLE SERVICES AGREEMENT

CITY OF CAMPBELL

SERVICES AGREEMENT
This Agreement is entered into at Campbell, California on the day of ______________, 201__, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and __________________ (hereinafter referred to as "Provider").

WHEREAS, City desires to ______________________________________________; and WHEREAS, Provider represents that it has the expertise, means, and ability to perform said _______________________________________________________; NOW, THEREFORE, in consideration of each other's mutual promises, Provider and City agree as follows:

1. DUTIES OF PROVIDER

1.1 Provider agrees to perform services as set forth in Exhibit A - Scope of Services, attached hereto and incorporated herein by reference, and which shall be interpreted together and in harmony with this Agreement. In the event of any conflict between Exhibit A and this Agreement, this Agreement shall govern, control, and take precedence.

1.2 Provider’s project manager will meet with the City’s project coordinator prior to commencement of the project to establish a clear understanding of the working relationships, authorities, and management philosophy of City as it relates to this Agreement.

1.3 Provider, working with the City, will gather available existing information concerning the project, and shall review documents as necessary for compliance with the project’s objectives.

1.4 In performance of this Agreement by Provider, time will be of the essence.

1.5 Notwithstanding Section 1.4, Provider shall not be responsible for delay caused by activities or factors beyond Provider’s reasonable control, including delays or by reason of strikes, work slow-downs or stoppages, or acts of God.

1.6 Provider agrees to perform this Agreement in accordance with the highest degree of skill and expertise exercised by members of Provider’s profession working on similar projects under similar circumstances.

1.7 Provider shall cooperate in good faith with City in all aspects of the performance of this Agreement.

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Campbell Library Renovation Project

1.8 In the course of the performance of this Agreement, Provider shall act in the City’s best interest as it relates to the project.

1.9 The designated project manager for Provider shall be ___________________. The Provider’s project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with the City and the City’s project coordinator. The authorized principal of Provider executing this Agreement for the Provider shall have authority to make decisions regarding changes in services, termination and other matters related to the performance of this agreement on behalf of Provider.

1.10 The Provider (and its employees, agents, representatives, and subcontractors), in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the City. The City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Provider meet specific standards consistent with the requirements of this Agreement without regard to the manner and means of accomplishment thereof. Subcontractors shall assume all of the rights, obligations and liabilities, applicable to it as an independent contractor hereunder. Provider represents and warrants that it (i) is fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agreement.

1.11 This Agreement contains provisions that permit mutually acceptable changes in the scope, character or complexity of the work if such changes become desirable or necessary as the work progresses. Adjustments to the basis of payment and to the time for performance of the work, if any, shall be established by a written contract amendment (approved and executed by the City) to accommodate the changes in work.

2. DUTIES OF CITY

2.1 City shall furnish to Provider all available and pertinent data and information requested by Provider to facilitate the preparation of the documents called for in this Agreement. Provider shall be entitled to reasonably rely on all such information.

2.2 City shall provide contract administration services. City shall notify Provider of required administrative procedures and shall name representatives, if any, authorized to act in its behalf.

2.3 City shall review documents submitted by Provider and shall render decisions pertaining thereto as promptly as reasonably possible.

3. COMPENSATION

3.1 For the full performance of the services described herein by Provider, City agrees to compensate Provider for all services and direct costs associated with the performance of the project in an amount not to exceed $________________, as follows:

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a. Once each month, Provider shall submit for payment by City, an itemized invoice for services performed during the previous billing period. The invoice shall describe the services rendered and the title of the item of work, and shall list labor hours by personnel classification. Said invoice shall be based on all labor and direct expense charges made for work performed on the project. Labor charges shall be in accordance with the fee schedule found in Exhibit A of this Agreement. City shall pay Provider for services rendered and approved by the City within 30 days from the date the itemized invoice is received by the City, subject to the maximum not to exceed amount specified above and the City’s right to object.
b. Direct costs are those outside costs incurred on or directly for the project, and substantiated with invoices for the charges. Direct expenses include printing, reproduction, and delivery charges.

3.2 If Provider incurs other costs which are not specifically covered by the terms of this Agreement, but which are necessary for performance of Provider’s duties, City may approve payment for said costs if authorized in writing by the City in advance.

3.3 City may order changes in the scope or character of services in writing, including decreasing the amount of Provider’s services. In the event that the work is decreased, Provider is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change. Under no conditions shall Provider make any changes to the work, either as additions or deductions, without the prior written order of the City. In the event, that the City determines that a change to the work or services from that specified in this Agreement is required, the contract time and/or actual costs reimbursable by the City for the project may be adjusted by contract amendment or change order to accommodate the changed work. The maximum not to exceed total amount specified in this Article 3 (Compensation) shall not be exceeded, unless authorized by written contract amendment or change order, approved and executed by the City. Provider shall obtain prior written approval for a revised fee schedule from the City before exceeding such fee schedule.

3.4 In no event, will the Provider be reimbursed for any costs or expenses at any rates that exceed the rates for set forth in the fee schedule found in Exhibit A.

4. SUBCONTRACTORS

4.1 Provider may not subcontract any services required under this Agreement without the prior written consent of the City.

4.2 Provider shall be responsible to City for the performance of any and all subcontractors who perform work under this contract, and any acts of negligence on their part. Provider is solely responsible for all payments due to subcontractors.

5. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings, documents, papers, data, materials, photographs, negatives and other work products prepared by the Provider and/or its subcontractors in the performance of the services

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encompassed in this Agreement (whether in printed or electronic format) (“project-related documents and materials) shall be the property of the City and may be used on this project without the consent of the Provider or its subcontractors. City acknowledges that such drawings, documents, and other items are instruments of professional services intended for use only on the subject project. Provider agrees that all copyrights which arise from creation of the Project-related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Provider shall promptly provide to the City upon request, all finished and unfinished project-related documents and materials, produced or gathered by or on behalf of Provider that are in Provider’s possession, custody or control. Provider may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City’s right to promptly receive and use such documents and materials which are the sole and exclusive property of the City.

6. TERMINATION
Notwithstanding any other provision of this Agreement, City may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to Provider of such termination. In the event of such termination, Provider shall have the right and obligation to immediately assemble the work then in progress for the purpose of completing the work and turning over all materials and documents to City. In the event of such termination, Provider shall be compensated for all work and services performed to the point of termination in accordance with the payment provisions set forth in Section 3.1, unless the termination is for cause, in which event Provider need be compensated only to the extent required by law.

7. AUDIT AND INSPECTION
Provider shall permit authorized representatives of City to inspect and audit all data and records relating to its performance under this Agreement for a period of three years following acceptance of the final study.

8. EQUAL EMPLOYMENT OPPORTUNITY
Provider agrees to refrain from discriminatory employment practices on the basis of race, religious creed, color, sex, national origin, handicap, sexual orientation, or ancestry of any employee of, or applicant for employment with, such Provider or subcontractor.

9. INSURANCE AND INDEMNIFICATION

9.1 With respect to any design professional services provided by Consultant, the Consultant agrees to indemnify, and hold harmless the CITY, its officers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, damages, liabilities and losses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of CITY.

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CITY shall not be liable for acts of Consultant in performing services described herein.

Notwithstanding anything in this paragraph to the contrary, any defense costs charged to the design professional under this
paragraph shall not exceed the design professional’s proportionate percentage of fault, except:
a. That in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with the other parties regarding unpaid defense costs in good faith effort to agree on the allocation of those costs amongst the parties; and b. Where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis, then there shall be no limitation on the design professional's duty to provide a defense and cover the City's cost of defense.

With respect to all matters other than those covered by the foregoing paragraph, Provider agrees to indemnify, defend (with counsel reasonably satisfactory to the CITY) and hold harmless the CITY, its officers, officials, directors, agents representatives, volunteers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, losses, damages, liabilities and costs of every nature, including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any claim, caused by or arising out of, or alleged to have been caused by or arise out of, in whole or in part, Provider’s performance under this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole negligence or willful misconduct of CITY. CITY shall not be liable for acts of Provider in performing services described herein.

In no event shall this section be construed to require indemnification by the Provider to a greater extent than permitted under the public policy of the State of California; and in the event that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City.

The defense and indemnity provisions obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations contained in this Agreement.

The foregoing indemnity provisions are intended to fully allocate the parties’ risk of liability to third-parties; and there shall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Provider waives all rights to subrogation for any matters covered by the provisions of this section. Provider’s responsibility for such defense and indemnity obligations as set forth in this section shall survive the termination or completion of this Agreement for the full period of time allowed by law.

9.2 Provider shall maintain insurance conforming to the following specifications to the fullest amount allowed by law for a minimum of _________ years following the termination or completion of this Agreement:

A. Types of Coverage

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The policies shall afford the following types of coverage:

1. Commercial General Liability;

2. Automotive;

3. Workers’ Compensation and Employer Liability; and

4. Professional Liability and/or Errors and Omissions
B. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. For Commercial General Liability: Insurance Services Office (ISO) CGL Form 00 01 11 85; and

2. For Automotive Liability: ISO CA 00 01 06 92 including symbol 1(any auto); and

3. For Workers’ Compensation: insurance as required by the Labor Code of the State of California and Employer's Liability insurance; and

4. For Professional Liability and/or Errors and Omissions: insurance covering negligence committed by or on behalf of Provider in rendering services to City.

C. Minimum Limits of Insurance
Provider shall maintain limits no less than:

1. General Liability: $1,000,000 combined single limit per occurrence for bodily, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability: Workers’ Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident.

4. Professional Liability and/or Errors and Omissions: $1,000,000 per claim and $2,000,000 in the annual aggregate.

The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-

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contributory basis for the benefit of City (as agreed to in this Agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

D. Deductible and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City, and shall not reduce the limits of liability. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its agents, officers, attorneys, employees, officials and volunteers; or the Provider shall procure a bond guaranteeing payment of losses related to investigations, claim administration, and defense expenses. Policies containing any self-insured retention provision shall provide or be endorsed to provide that the self-insured retention may be satisfied by either the named insured or the City.

E. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverage:
a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be covered as additional insureds as respects: liability arising out of this Agreement performed by or on behalf of the Provider, products and completed operations of the Provider, premises owned, occupied or used by the Provider, or automobiles owned, leased, hired or borrowed by the Provider. It is a requirement of this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is affords greater coverage. b. The Provider's insurance coverage shall be primary insurance as respects the City, its agents, officers, attorneys, employees, officials and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the Provider's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its agents, officers, attorneys, employees, officials, and volunteers.
d. The Provider's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

2. Workers’ Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, its agents, officers, attorneys,

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employees, officials, and volunteers for losses arising from work performed by the Provider for the City.

3. All Coverages: Any unintentional failure to comply with reporting provisions of the policies shall not affect coverage provided to the City; and unless otherwise approved by the City, each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by regular mail has been given to the City, or ten (10) days for cancellation for non- payment of premium.

E. Suspension or Cancellation
If any of the coverages required by this Agreement should be suspended, voided, cancelled or reduced in coverage during the term of this Agreement, Provider shall immediately notify City and replace such coverage with another policy meeting the requirements of this Agreement.

F. Subcontractors
Provider agrees that any and all contracts with subcontractors for performance of any matter under this Agreement shall require the subcontractors to comply with the same indemnity and insurance requirements set forth in this Agreement to the extent that they apply to the scope of the subcontractors’ work. Subcontractors are to be bound to contractor and to City in the same manner and to the same extent as the Provider is bound to City under this Agreement.

Subcontractors shall further agree to include these same provisions with any sub-subcontractor.

A copy of this Agreement will be furnished to the subcontractor on request. The Provider shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work, and will provide proof of compliance to the City.

G. Acceptability of Insurers
Without limiting Provider's indemnification provided hereunder, the policies of insurance listed in Article 9.2 of this Agreement are to be issued by an issuer with a current A.M. Best Rating of A:V and who is authorized to transact business in the State of California, unless otherwise approved by the City.

H. Verification of Coverage
Provider shall furnish the City with endorsements and certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms acceptable to the City. Where required by statue, forms approved by the Insurance Commissioner are to be submitted. All certificates are to be received and approved by the City before work commences.

10. MISCELLANEOUS

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10.1 This Agreement shall be binding on the heirs, executors, assigns and successors of Provider.

10.2 Neither party may not assign this Agreement, or any portion hereof, without the prior written consent of the other.

10.3 This Agreement shall not be construed to alter, affect, or waive any lien or stop notice rights, which Provider may have for the performance of services pursuant to this Agreement.

10.4 Neither party’s waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant.

10.5 This Agreement contains the entire Agreement between City and Provider relating to the project and the provision of services to the project. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Provider.

10.6 If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on City and Provider.

10.7 This Agreement shall be governed and construed in accordance with the laws of the State of California.

10.8 This Agreement may be executed in counterparts and will be binding as executed.

10.9 All changes or amendments to this Agreement must be in writing and approved by all parties.

10.10 The term of this Agreement shall commence upon execution of the Agreement and terminate ___________________. Any extension of the Agreement shall be mutually agreed upon in writing and shall require an amendment to the Agreement signed by both parties.

10.11 Provider owes the City a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or participating in activities that conflict with the City’s interests in respect to the work and/or services and project. The Provider shall list current clients who may have a financial interest in the outcome of this Agreement. The Provider hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this agreement. Provider shall not make or participate in making or in any way attempt to use Provider’s position to influence a governmental decision in which Provider knows or has reason to know Provider has a direct or indirect financial interest other than the compensation promised by this Agreement. Provider will immediately advise the City if Provider learns of a financial interest of Provider's during the term of this Agreement.

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10.12 This Agreement is entered into, and to be performed in Santa Clara County, California, and any action arising out of or related to this Agreement shall be maintained in a court of appro

11. NOTICES
Notices required under this Agreement may be delivered by first class mail addressed to the appropriate party at one of the following addresses:

CITY: City of Campbell PROVIDER:_________________
Attention: ___________ Attention: ___________
70 North First Street ____________________
Campbell, CA 95008 ____________________
Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby:

PROVIDER
By____________

Exhibit A - Scope of Services and Fees

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City
Council
Report

TITLE: Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the Ci ty Council adopt a resolution approving an agreement setting forth terms under which the City of Campbell accepts the 2024 Selective Traffic Enforcement Program Grant from the State of California - Office of Traffic Safety, authorizing the City Manager to execute the agreement, and approving a budget adjustment to recognize the grant revenue and corresponding grant related expenditures.

BACKGROUND

The Campbell Police Department is working to improve traffic safety by participating in publicized traffic en forcement campaigns, training officers in impairment detection, and conducting highly visible DUI and traffic enforcement operations.

Due to a significant decline in staffing in 2018, the department’s traffic division had been reduced, greatly limiting t he ability to conduct traffic enforcement, coupled with increases in injury crashes in the last few years. The traffic supervisor also handles the administrative duties of the traffic unit to include special events, tow hearings, responding to traffic complaints, reviewing collision reports, tow contracts and managing the Major Accident Investigations Team (MAIT), in addition to other duties. The traffic division continues to be forced to augment its staffing by enlisting help from the patrol division for a ssistance in major crash investigations, and conducting traffic and DUI enforcement, which takes away time from their existing duties.

With a population of over 42,000 people, and being nestled next to San Jose, the most populous city in Northern Califor nia, the City of Campbell faces daily traffic challenges due to the limited enforcement and high traffic volumes. This was further exacerbated in January 2018 when the Campbell Police Department took over traffic responsibility of the San Tomas Expressway, which was previously serviced by contract agreement with CHP. The San Tomas Expressway is composed of three lanes in each direction and runs directly through Campbell. The approximate 2.4 miles of the expressway is a heavily commuted route with HOV lanes and serves as a major thoroughfare.

Item: 12
Category: NEW BUSINESS
Meeting Date: October 17, 2023
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Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant

The department's limited traffic staffing has greatly impacted traffic enforcement and as evident in our traffic data from 2019 to 2022, alcohol -involved injury crashes have doubled since 2019, tripling the number of in jured victims. Alcohol -impaired drivers in 2022 were identified as the primary collision factor for injury collisions in the city, which is a major concern for the agency. The department intends to address these concerns by implementing increased enforceme nt, specifically between the hours of 10 :00 PM to 3:00 AM, including holidays with an increased risk of DUI crashes.

In January 2023, the Police Department applied to the State of California Office of Traffic Safety (OTS) for a Selective Traffic Enforcem ent Program (STEP) grant. OTS grants are federally funded by the National Highway Traffic Safety Administration (NHTSA) designed to make California roadways safer. The grant request was for overtime and training reimbursement to conduct DUI saturation pat rols, DUI checkpoints, collaborative DUI enforcement, traffic enforcement for distracted driving, seat belt violations, and pedestrian and bicycle violations. A request was also made for the replacement of five preliminary alcohol screening devices (PAS d evices), to replace those that have reached the end of their service life, and for two moving radar units for patrol vehicles.

In addition, the grant request was for training and travel reimbursement for officers to attend NHSTA Standardized Field Sobri ety (SFST) training, NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) training and Drug Recognition Expert (DRE) training.

In July 2023, staff was advised of a tentative draft agreement by OTS for $85,000 in overtime, equipment, and training reimbursement. On October 2, 2023, staff was advised the agreement was approved with a not to exceed amount of $85,000, attached as Exhibit A, assuming the City accepts the conditions in the grant agreement.

DISCUSSION

Based on current staffing levels (patrol and traffic), in addition to current calls for service and workload, staff believes the best way to address current traffic issues is with officers working dedicated traffic enforcement in the aforementioned areas on overtime. This would provide the officers with the ability to focus their time solely on the traffic issue assigned.

Staff worked with OTS, within the framework of the grant application, and the traffic enforcement needs of the city, to detail how overtime and training reimburseme nt would be best utilized if approved, as detailed in the grant.

FISCAL IMPACT

The OTS grant provides up to $85,000 reimbursement for grant related expenditures in FY 2024. Thus, if the grant is accepted, staff also recommends approving a budget adjustment shown as Exhibit B of the resolution to recognize the grant revenue and grant related expenditures in FY 2024. Furthermore, there are no matching funds 12 Packet Pg. 111
Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant

required by the grant. The city would be reimbursed fully for overtime and training expenditures as detailed in the grant.

Prepared by:

Dan Livingston, Police Captain

Reviewed by:

Gary Berg, Police Chief

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution STEP Grant FY24
b. Exhibit A STEP Grant FY24
c. Exhibit B Budget Adjustment Form
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RESOLUTION NO. ________

BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

APPROVING THE ACCEPTANCE OF AN AGREEMENT SETTING FORTH TERMS UNDER WHICH THE CITY OF CAMPBELL MAY ACCEPT THE 2024

SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT FROM THE

STATE OF CALIFORNIA - OFFICE OF TRAFFIC SAFETY IN THE AMOUNT OF $85,000 IN FISCAL YEAR 2024, AUTHORIZING THE CITY MANAGER TO EXECUTE

THE AGREEMENT, AND APPROVING A BUDGET ADJUSTMENT TO RECOGNIZE

THE GRANT REVENUE AND GRANT RELATED EXPENDITURES

WHEREAS, the National Highway Traffic Safety Administration (NHSTA) provides Federal grant funds to the State of California – Office of Traffic Safety (OTS) for education, enforcement programs, and technologies designed to make California’s roadways safer; and
WHEREAS, OTS evaluates potential programs to make effective use of the Federal grant program funds; and
WHEREAS, the City of Campbell applied for an OTS Selective Traffic Enforcement Program (STEP) for overtime , equipment and training reimbursement to conduct DUI saturation patrols, DUI warrant service operations, collaborative DUI enforcement, traffic enforcement f or distracted driving, seat belt violations, and pedestrian and bicycle violations, in addition to the replacement of preliminary alcohol screening devices and moving radar units for two patrol vehicles; and
WHEREAS, the City of Campbell was awarded up to $85,000 by OTS for potential reimbursement for the aforementioned; and
WHEREAS, the interested parties have negotiated a proposed agreement to address their respective obligations and liabilities as shown in Exhibit A to this resolution; and
WHEREAS, a budget adjustment shown as Exhibit B is necessary to recognize the grant revenue and grant related expenditures.

NOW THEREFORE, BE IT RESOLVED, that the City Council approves the acceptance of an agreement s etting forth terms under which the City of Campbe ll may accept the 2024 Selective Traffic Enforcement Program grant from the State of California – Office of Traffic Safety set forth in the Agreement and Exhibit A attached to this Resolution; authorizes the City Manager to execute the agreement, and the F inance Director is authorized to implement a budget adjustment shown as Exhibit B and incorporated by reference to recognize grant revenue of $85,000 from the Office of Traffic Safety (OTS) STEP Grant and grant related expenditures of $85,000 in Fiscal Year 2024.

PASSED AND ADOPTED this 17th day of October 2023, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

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Attachment: Resolution STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant) ABSENT: COUNCILMEMBERS:

APPROVED:

___________________________
Anne Bybee, Mayor

ATTEST:

____________________________
Andrea Sanders, City Clerk

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Attachment: Resolution STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant)

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Attachment: Exhibit A STEP Grant FY24 (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.

October 17, 2023 BA-10
Budget to be Reduced
Fund/Program Account Number Description Amount
Budget to be Increased
Fund/Program Account Number Description Amount

REVENUES
210.608 4543 OTS Grant Revenue - Other State Grants 85,000

EXPENDITURES
210.608 7003 OTS Grant Related - Reimbursable Overtime 72,100 210.608 7427 OTS Grant Related – Special Departmental 12,900 REASON FOR REQUEST - BE SPECIFIC:

Finance Director Chief of Police City Manager
Public Safety
Will Fuentes Gary Berg Brian Loventhal
Acceptance of Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant for FY 2024 212.608 OTS Grant

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Attachment: Exhibit B Budget Adjustment Form (Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP)

City
Council
Report

TITLE: Review and Provide Feedback on the Development of New Housing Overlay Zoning Districts and Related Amendments to the Campbell Municipal Code and Zoning Map.

RECOMMENDED ACTION

That the City Council receive the report and provide feedback on the development of three new Housing Overlay zoning districts and related amendments to the Campbell Municipal Code and Zoning Map.

PURPOSE
This item solicits direction an d feedback on the development of new Housing Overlay zoning districts implementing Housing Element programs serving to promote the production of affordable housing and comply with state law. This report also provides an overview of draft amendments to the Campbell Municipal Code that will be required to implement the new Housing Overlay zoning districts and related amendments to the Zoning Map that will be synchronized with their adoption.

BACKGROUND
On April 18, 2023, the City of Campbell adopted the 2040 General Plan , 2023-2031 Housing Element, and related amendments to the Zoning Ordinance and Zoning Map.

The General Plan and Housing Element included implementation plans identifying a schedule for the completion of key programs to meet overall goals and objectives. The Housing Element included three programs, requiring amendments to the Zoning Map to implement, identified to be completed by the end of 2023. These programs are summarized as follows:

• Program H -1c: Affordable Housing Overlay : Establish an Affordable Housing Overlay zoning district to incentivize the development of housing meeting priorities b y: 1) allowing an increase in density over that otherwise allowed under state density bonus law; 2) allowing a reduction of parking standards consistent with those provided under state density bonus law; 3) providing for ministerial (i.e., by -right) permit processing; 4) providing for impact fee reductions or waivers; 5) City funding support for frontage improvements.

Item: 13
Category: NEW BUSINESS
Meeting Date: October 17, 2023
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• Program H-3e: Rezone for Lower Income Shortfall : Establish a By -Right Housing Overlay zoning district to provide for the ministerial (i.e., by-right) permit processing of at least 1,024 lower -income housing units on sites meeting a minimum density of 30 units per acre and which allow for the production of at least 16 units per site, when at least 20% or more of the units of a proposed develop ment are to be made are affordable to lower income households.

• Program H -3f: Reuse Sites : Modify the Zoning Ordinance to allow for the ministerial (i.e., by-right) permit processing of projects on qualifying sites used in prior Housing Elements, when at least 20% or more of the units of a proposed development are to be made are affordable to lower income households.

Given the similarities between these three Housing Element programs and the implementation timelines, staff is working on them concurrently . The following discussion presents a summary of key policy decisions that will need to be made in their development, as well as feedback from the Planning Commission from its Study Session on this item held on October 10, 2023.

DISCUSSION
The following discussion is organized into four sections focused on the following topics areas: I) Affordable Housing Overlay; II) Reuse Sites Overlay; III) By -Right Housing Overlay; and IV) Zoning Code and Zoning Map Amendments.

I. Affordable Housing Overlay

An Afforda ble Housing Overlay zoning district, or “AHOZ”, is a zoning tool used to encourage the development of affordable housing projects in furtherance of Housing Element goals and objectives. The establishment of an AHOZ generally involves the identification of areas where it will apply, and the development of incentives the City may offer in exchange for projects meeting specific policy objectives (“trade -offs”).

Typically, AHOZ’s are used by local jurisdictions to compete with State Density Law by offering a li st of identified (“on -menu”) incentives that may be found more attractive by developers than those offered by State Density Bonus Law. In exchange for one or more incentives offered by the City, the developer agrees to comply with requirements of local significance that projects pursuing a State Density Bonus would not be required to meet.

Specific to Campbell, during development of the 2040 General Plan and 2023 -2031 Housing Element, the establishment of an AHOZ was identified by staff, the Planning Commission, and Council as a potential tool to protect the City height limit of 75 -feet (mainly in response to provisions of State Density Bonus Law) and incentivize the development of housing meeting the needs of special needs populations (i.e., Veterans, Unhoused, Female-Headed Households). While members of the Council acknowledged that it may not be essential to offer incentives to achieve compliance in all 13 Packet Pg. 134
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circumstances (i.e., maintaining max height within the Pruneyard), that an AHOZ should be developed to identify, and achieve, local priorities.

Separately, during development of the City’s Multi -Family Development and Design Standards (MFDDS), staff, the Planning Commission, and Council prioritized standards that protect single -family neighborhoods, thro ugh the development of adjacency standards, and require mixed -use development, along key commercial corridors, and the Downtown. Further, the City’s Economic Development Consultant emphasized the importance of requiring the establishment of meaningful/func tional tenant spaces, to ensure that they can support a range of uses and activities, including objectives of the form-based approach to create walkable areas.

To support the development of a local AHOZ, staff, with the support of summer intern Hannah Meeks, surveyed the use and effectiveness of AHOZs throughout the State of California. Results from research have been attached (reference Attachment A – Affordable Housing Overlay Zone Research) and incorporated into the following discussion which focuses on the three most important policy considerations identified:

Policy Consideration #1 : Should the AHOZ be designed to compete with, or complement, State Density Bonus Law?

State Density Bonus Law (Government Code Sections 65915 -65918) grants incentives (e.g., concessions, waivers, reduced parking standards, density) to developers who meet specified affordable and/or senior housing requirements. In developing an AHOZ, a key policy consideration is to decide whether to develop a program that is designed t o compete with, or complement, the requirements and incentives of State Density Bonus Law.
• Competitive AHOZ: An AHOZ designed to compete with State Density Bonus Law forces developers to “choose” between the requirements and incentives offered by the City and those provided by State Density Bonus Law.
o Key Advantages : They main advantage of a developing a competing AHOZ is the ability to create a tailored set of incentives that achieve more predictable outcomes aligned with local priorities (i.e., staying u nder the City’s maximum height limit).
o Key Disadvantages: As State Density Bonus Law already allows developers to deviate from any number of development
standards (e.g., height, setbacks) as well as up to five (5) regulatory requirements (e.g., utility un dergrounding), it will be challenging for the City to develop a program that would be favored by developers without offering significant incentives in exchange. Even if the City is successful in establishing a 13 Packet Pg. 135
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competitive program, as State Density Bonus la w changes, the City’s AHOZ may become obsolete, and therefore require
constant updates and maintenance to keep up. For these
reasons, many of the cities that initially established a competitive AHOZ program are switching to a complementary model (reference Attachment A – Affordable Housing Overlay Zone Research).
• Complementary AHOZ (Staff Recommended) : An AHOZ that is designed to complement State Density Law provides additional benefits to developers, in exchange for meeting one or more local priorities. As an example, projects may qualify for benefits above and beyond those offered by State Density Bonus Law, in exchange for respecting the City maximum height limit.
o Key Advantages : As complementary AHOZ programs seek to “add” benefits to those granted by State Density Bonus Law, such programs automatically account for changes to state law and require little to no maintenance as a result. As developers still retain all the benefits offered by State Density Bonus Law, complementary programs are often the most attractive option for developers and successful in producing affordable housing. o Key Disadvantages : As State Density Bonus Law allows for broad deviation from local standards and requirements, a complementary AHOZ would have less control over project design (i.e., potentially allowing for cookie -cutter design or the development of tall and boxy buildings) that may be of
community interest or significance to protect and/or preserve. ➢ Staff Recommendation : In consideration of the key benefits and drawbacks of each approach, staff would recommend establishing an AHOZ that complements State Density Bonus Law. By relying on the requirements and incentives offered by State Density Bonus Law as a base, but offering additional benefits for projects that meet one or more local priorities, the program may achieve key priorities (see Table 1 – AHOZ Type Summary). As projects are developed, the City may also adjust the list of local priorities, and incentives offered in exchange, to ensure that the program remains comp etitive and utilized by developers – allowing for updates to the program to occur on an “as needed” basis.

Table 1 - AHOZ Type Summary
Type Key Advantages Key Disadvantage(s)
Competitive Most Predictable
(Focus on Control)
Requires Significant Incentives,
Frequent Maintenance
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Complementary
(Staff Recommended)
Requires Least Incentives
(Focus on Priorities)
Requires Appropriate Incentives
to Offset Focused Priorities

❖ Planning Commission Feedback: The Planning Commission was supportive of staff’s recom mendation to establish a “complementary” AHOZ. The Planning Commission recognized the benefits outlined by the approach and noted that this approach was consistent with the majority of the jurisdictions surveyed.

Policy Consideration #2: Establishing Local Priorities and Incentives (“Tradeoffs”) In developing an AHOZ, the City must also establish a list of local priorities and identify appropriate incentives to be offered in exchange.

From prior discussions and feedback from the Commission and Council, the following list of potential priorities was identified:

• Potential Priorities:
o Adherence to Maximum Height Limits;
o Housing for Special Needs Populations (e.g., low-income, veterans); o Compliance with Single-Family Residential Adjacency Standards; and o Developing Mixed -Use Projects along Commercial Corridors and in the Downtown.

In exchange for meeting one or more priorities, the City will need to establish an appropriate, and competitive, set of incentives. As State Law already allows for broad deviation from local development standards and requirements, the City will need to provide financial incentives, or increases/reductions to standards beyond those already provided for the AHOZ program to be successful. Examples of such incentives may include, but are not limited to, the following:

• Potential Incentives:
o Increased residential density or commercial floor area (i.e., density bonus);
o Reduced, waived, or deferred payment of permit and impact fees; o Priority use of supportive housing funds;
o Permitting developers to select the location and type of BMR housing units in their projects (i.e., allowing developers to concentrate all of their BMR units in less desirable locations within a development project); o Allowing for ministerial (i.e., by-right) permit processing; o Waive utility undergrounding requirements;
o City funding of frontage improvements; and
o Other financial incentives (i.e., covering the cost of transit passes).

To help illustrate how incentives may be used to achieve local priorities, and in terface with State Density Bonus Law, the following case study has been prepared (differences shown in yellow highlight):

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Standard Developer Option #1
(Pursue State Density Bonus)
Developer Option #2
(Pursue City AHOZ)
Concessions
(Requirements)

10% available to lower-income
households
10% available to lower-income
households

Comply with max. height limit.

(i.e., priority)
Incentives
(Benefits)
20% Density Bonus 20% Density Bonus
Reduced Parking Standards Reduced Parking Standards
Unlimited Waivers Unlimited Waivers*
(Excepting Height)
1 incentive per State Law
(i.e., waive undergrounding)

2 “on-menu” incentives

(i.e., waive undergrounding, &
ministerial review)

As illustrated in the example above, a developer complying with City maximum height limit (a local priority) would receive the same density bonus (20%) and reduced parking standards granted under state law, but instead of being limited to one (1) concession, would receive two (2) “on-menu” incentives identified as an appropriate benefit.

➢ Staff Recommendation: Under a complementary program model, it is recommended to focus on achieving only one or two of the priorities identified to ensure that the incentives offered in exchange remain competitive. Staff further recommends includ ing all the potential incentives identified as options for a developer to consider and structuring the program to allow for the developer to select from the options available based on what best serves the needs of their project (i.e., some projects may ben efit from waiving utility undergrounding requirements, where others may not). Further, staff recommend establishing incentives that account for the project size and affordable housing produced to ensure that incentives remain competitive while also avoiding being too generous (i.e., when 20 percent or more of the units in a project with 50 or more units are made affordable to lower - income households, up to two incentives may be selected – where under state density bonus law, only one such incentive may be granted for a similar project).

Table 2 - AHOZ Incentives and Concessions Summary
Potential Priorities
Potential Incentives
(Above and beyond or addition to
what is otherwise available under
State Density Bonus Law)
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Max Height Increased Density / Intensity
Special Needs Housing Reduced, Deferred, Waived Fees
Protection of Single-Family
Adjacencies Priority Use of Supportive Funds
Mixed-Use Development Selection of BMR Units
Ministerial (“By-Right”) Permit
Processing
Waive Utility Undergrounding Req.

Funding Support of Frontage
Improvements
Other Financial Incentives
(i.e., City funded transit passes)

❖ Planning Commission Feedback : Several members of the Planning Commission questioned the importance of maintaining the City’s maximum height limit and the relevance of the City Ballot Measure from over thirty years in the past (1986). Instead, individual members of the Commission expressed greater interest in ensuring mixed -use development and reasonable heights in the Downtown, achieving suffici ently varied/modular design outcomes (i.e., avoiding “cookie cutter” development), and preserving adjacency standards that serve to protect single-family areas. In terms of potential incentives, the Planning Commission expressed concern with offering finan cial incentives, favoring other options identified – with an emphasis on allowing for Ministerial (“By -Right”) Permit processing for compliant projects.

In establishing potential project incentives, the Planning Commission further questioned whether the C ity could be more targeted in their application (i.e., waiving the requirement to underground utilities for only specific properties, or for only projects of a certain size). In response, staff advised that incentives could be established by the size, or n umber of units produced by a project (noting that smaller projects tend to benefit more from waiving utility undergrounding requirements), but rather assigning incentives on a site -by-site basis, to consider broader policy approach – such as waiving utilit y undergrounding requirements except on key image streets (i.e., Hamilton Avenue, Bascom Avenue, Winchester Boulevard, Campbell Avenue).

Policy Consideration #3: Identification of Policy Area
In addition to identifying a specific set of priorities and inc entives, the City must also decide where in the City the AHOZ should be applied. Consistent with State Density Bonus Law, the AHOZ could be applied to qualifying projects Citywide or, alternatively, used as a tool to target the production of housing meetin g local priorities in select areas of the community. Examples of potential planning and/or policy areas, that may be used to establish the AHOZ boundary include:

• Potential Overlay Boundaries:
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o Applying the AHOZ Citywide;
o Aligning the AHOZ with existing planning boundaries (e.g.; area plans, Priority Development Areas, other Overlays); and
o Applying the AHOZ to specific land use designations (i.e., higher density land uses).

➢ Staff Recommendation: To maximize the effectiveness and use of the AHOZ, staff wo uld recommend applying the AHOZ Citywide, excepting single -family areas (which may be separately addressed by SB 10 and other Housing Element programs), and establish appropriate priorities and incentives based on location, product type, and/or density (i. e., in multi -family areas a possible incentive may be to grant an additional accessory dwelling unit, whereas in transit -oriented areas, a possible incentive may include providing City funded transit passes). ❖ Planning Commission Feedback : The Planning Com mission supported the staff’s recommendation for a Citywide AHOZ excepting single-family properties.

II. Reuse Sites Housing Overlay

In accordance with State Law (Government Code Section 65583.2(c) ), nonvacant parcels included in the prior Housing Element planning period (i.e., 5 th cycle), and vacant sites included in two or more consecutive planning periods (e.g., 5 th and 4th cycle), are eligible for ministerial (i.e., by -right) permit processing when at least 20 percent of the units in the project are made affordable to lower-income households.

For Campbell, the Housing Opportunity Site Inventory included 59 non -vacant re use sites, and one (1) vacant reuse site that was included in two or more consecutive planning periods. These reuse sites primarily consist of a series of smaller properties, located south of E. Campbell Avenue, between the Downtown and the Pruneyard.

To identify sites meeting these criteria, Housing Element Program H3 -f, directs the establishment of a “Reuse Sites Overlay” (reference Attachment B – Reuse Sites Overlay) as follows:

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Exhibit A: Reuse Sites Overlay (Excerpt)

➢ Staff Recommendation: As a requirement of state law, there is no discretion in the selection of sites included in the Reuse Overlay, thus staff will proceed with the associated mapping and code amendments accordingly. Separately, however, staff recommend including sites subject to the Reuse Overlay, in the Affordable Housing Overlay and/or By -Right Housing Overlay, to maximize their effectiveness and utility in meeting the City’s housing needs and state requirements.
❖ Planning Commission Feedback: The Planning Commission acknowledged the requirement to establish a Reuse Overlay and did not provide further comment.

III. By-Right Housing Overlay

As a consequence of adopting the 2023 -2031 Housing Element and associated land use changes after the compliance deadline (January 31, 2023), Ca mpbell was required to include a Program H -3e (Rezone for Lower -Income Shortfall) as part of its Housing Element to address the City’s lower-income housing “shortfall”.

The City’s “shortfall”, is determined by adding all lower -income housing units assign ed to the City under the 6 th Regional Housing Needs Allocation (RHNA) cycle (i.e., 742 very-low & 434 low -income units) and subtracting any pipeline projects, baseline ADU production estimates, and existing capacity to build housing on sites at a densities greater than 30 -units per acre (i.e., the minimum density presumed by state law to support the production of affordable housing). As the City’s prior General Plan did not include any sites with a density of 30 -units per acre, the City’s lower -income housi ng “shortfall” was calculated as follows:

Table 3 – Lower Income Housing Shortfall
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Lower-Income Unit Obligation
(6th Cycle RHNA | 742 very-low + 434 low-income)
1,186 units
Accessory Dwelling Production
(8-year estimate based on past trends)
-129 units

Pipeline Projects
(Low-Income Units of Pending Projects)
-33 units
Sites Supporting Low-Income Housing
(No sites over 30/du acre; prior to January 31, 2023)
-0 units
Unit Shortfall 1,024 units

To address the lower -income housing shortfall, cities typically have up to three years, following the adoption of the Housing Element, to establish a “By -Right Housing” Overlay meeting the requirements of state law (Gov. Code 65583.2(h) and 65583.2(i).

However, as HCD encouraged the City to establish a schedule for the required rezoning to be completed “as early as possible”, Program H -3e committed the City to adoption of a “By-Right” Housing Overlay by the end of 2023.

To comply with the requirements of Program H-3e and state law, the “By-Right Housing” Overlay must meet all of the following requirements.

• Allow for ministerial (“by -right”) permit processing of projects within the Overlay when at least 20% or more of the units of a proposed development are to be made are affordable to lower income households;
• Permit the development of exclusively residential uses (i.e., no mixed -use requirement) for sites included within the Overlay;
• Provide sufficient sites to demonstrate a combined housing capacity equivalent to the City’s lower-income housing shortfall (i.e., 1,024 units); and • Only select sites that meet the following requirements:
o Allow for the production of at least 16 dwelling units; o Have a density of at least 30 units per acre;
o Include a requirement to least 50% of the floor area of a mixed -use project to residential uses.

As the “By -Right Housing” Overlay provides greater discretion to decide which sites to include (unlike the Reuse Overlay), the City needs to decide where the City is most comfortable allowing for ministerial review over affordable housing projects (no public hearings) and residential only development (eliminating mixed -use requirements). As a starting point, since sites included in the “Reuse Sites” Overlay will separately be required to provide for ministerial review and may be com bined/overlapped with sites to be identified for inclusion in the “By-Right Housing” Overlay, staff recommends including “Reuse Sites” Overlay sites in the “By-Right Housing” Overlay.

The following discussion focuses on three approaches/options that may b e considered as the basis for site selections, with a focus on maximizing reuse sites, minimizing impact to public input, and preserving mixed -use requirements. In addition to identifying potential benefits and drawbacks of each approach, maps identifying affected properties 13 Packet Pg. 142
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have also been included for reference (for full size copies of the maps, please refer to Attachment C – Reuse Housing Overlay Options).

By-Right Overlay Option #1: Reuse Sites + Highest Density (1,067 units / 29 sites) Under this approach, all of the reuse sites that are already subject to ministerial review (discussed under II. above) would be also included in the By-Right Overlay.

Under Option 1, the By-Right Housing Overlay would include all eligible sites included in the Reuse H ousing Overlay and the minimum number of high -density sites (e.g., sites starting at 34 -units per gross acre and higher; Lloyd Square on E. Campbell Avenue) necessary to meet the City’s lower -income housing shortfall of 1,024 units. In total, Option 1 would provide for the ministerial review of 1,067 units on 29 sites.

o Key Advantages: By maximizing Reuse Sites, the total number of properties subject to ministerial review is minimized. o Key Disadvantages : The higher density sites of community significance, such as former Fry’s Electronics, will be eligible for ministerial permit processing. Additionally, Option 1 would allow for a significant number of mixed -use sites to be developed exclusively as residential uses.

Figure 1: By-Right Housing Overlay Option 1 (Reuse Sites + Highest Density)

By-Right Overlay Option #2: Reuse Sites + Lowest Density (1,039 units / 27 sites) 13 Packet Pg. 143
Housing Overlay Zoning Districts Page 12 of 15
Similar to Option 1, Option 2 would include all eligible sites in the Reuse Housing Overlay, but instead of targeting high-density sites, include the minimum number of low- density sites (sites starting at 26-33 units per gross acre; First Congressional Church on Hamilton) necessary to meet the City’s lower -income housing shortfall of 1,024 units. In total, Option 2 would provide for the ministerial review of 1,039 units on 27 sites.

o Key Advantages : Similar to Option 1, by maximizing Reuse Sites, the total number of properties subject to ministerial review is minimized.
o Key Disadvantages : By including lower -density sites, projects located closer to single -family neighborhoods would be subject to ministerial review. Similar to Option 1, Option 2 would also allow for a significant number of mixed -use sites to be developed exclusively as residential uses.

Figure 2: By-Right Housing Overlay Option 2 (Reuse Sites + Lowest Density) By-Right Overlay Option #3 (Staff Rec.): Protect Mixed-Use (1,029 units/ 17 sites) Option 3 aims to protect mixed -use sites. Under this option, only one mixed -use site (located in the Campbell Plaza Shopping Center – Safeway Site on Winchester Blvd.) would be impacted.

o Key Advantages : Protects nearly all sites with a mixed -use requirement.
o Key Disadvantages : Results in a greater number of properties subject to ministerial review, as it does not overlap to the sa me 13 Packet Pg. 144
Housing Overlay Zoning Districts Page 13 of 15
degree as sites included in the Reuse Sites Overlay (only one reuse site is included in this option; located in the Campbell Plaza Shopping Center).

Figure 3: By-Right Housing Overlay Option 3 (Protect Mixed-Use)

➢ Staff Recommendation : In considera tion of the three options presented, staff recommends Option 3, as it best protects the City’s interest in mixed -use development. While this option would result in a greater number of sites being subject to ministerial review, staff’s recommendation recog nizes that ministerial review is already possible under separate provisions of state law (i.e., SB 35). By protecting mixed-use development, the City can also better achieve the desired form and character for the community while also enhancing its ability to support essential City services through the collection of sales tax.

Table 4 – By-Right Housing Overlay Option Summary
Option
# Description Key Advantages Key Disadvantage(s)
1 Reuse Sites +
Highest
Density
Preserves Greater Discretion
of Projects in Low-Density
Residential Neighborhoods
Loss of Discretionary
Review of Projects in
Higher Density Areas;
Does not Protect Mixed-
Use
2 Reuse Sites +
Lowest Density
Preserves Greater Discretion
of Higher Density Areas
Loss of Discretionary
Review of Projects in
Residential
Neighborhoods; Does not
Protect Mixed-Use
13 Packet Pg. 145
Housing Overlay Zoning Districts Page 14 of 15
3 Preserve
Mixed-Use Protects Mixed-Use
Greater Number of Sites
Allowing Ministerial
Review

❖ Planning Commission Feedback : The Planning Commission expressed broad support for Option 3, gen erally finding that preserving the requirement for mixed - use to be more important than providing the opportunity for a discretionary review process. Individual members noted that the preservation of mixed -use may not be as critical everywhere it is require d (i.e., more important in Downtown than at Campbell Plaza on Winchester Boulevard) and that it may be important to consider which sites are most important to protect. In contrast with this point, other members of the Planning Commission felt that it would be favorable to rely on existing maps identifying where mixed -use development should be required, rather than revisiting the subject.

IV. Zoning Code and Zoning Map Amendments

To effectuate the new Housing Overlay zoning districts, the following amendments to the Zoning Code and Zoning Map will be required:

Zoning Code Amendments : Chapter 21.14 (Overlay/Combining Districts) of the Zoning Code will be updated to include three new sections outlining the purpose and scope of each Housing Overlay zoning distri ct (reference Attachment D – Draft Zoning Code Amendments). Initial drafts of proposed text amendments have been included for reference. Direction on key policy considerations, outlined in this report, will be reflected in a final draft of the code for review and consideration later this year (see “Next Steps”).

Zoning Map Amendments: To identify the specific sites and/or areas subject to the new Housing Overlay zoning districts, a new Zoning Map will need to be adopted. As part of the update, staff int ends to address inconsistencies between the General Plan and Zoning Map, which occurred as part of the April 18, 2023, updates (see “Background).

Specifically, the map will be updated to correct mismatches between the land use designation and zoning of pro perties where renaming occurred (i.e., “High -Density Residential” was renamed “Medium -High Density Residential” to provide for the new density ranges established with the update).

NEXT STEPS
Following the subject meeting, staff will develop a refined lis t of potential priorities and concessions and solicit feedback on their effectiveness from developers (including affordable housing developers). Further, staff will solicit feedback from property owners of sites identified for potential inclusion in a Hous ing Overlay. Accounting for this feedback, staff will return with completed Ordinances and Overlay Zones for review by the Planning Commission, and consideration of adoption by the City Council, later this year.

FISCAL IMPACTS
13 Packet Pg. 146
Housing Overlay Zoning Districts Page 15 of 15
There are no direct fiscal impacts associated with this item.

Reviewed by:

Rob Eastwood, Community
Development Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Affordable Housing Overlay Zone Research
b. Reuse Sites Overlay Map
c. By-Right Housing Overlay Options
d. Draft Zoning Code Amendments (Chapter 21.14)
13 Packet Pg. 147
Prepared by:

Stephen Rose, Senior Planner

To: Planning Division Date: September 15, 2023 From: Hannah Meeks, Planning Intern
Subject: Affordable Housing Overlay Zones (AHOZs) – Research & Recommendations

This memorandum serves to summarize research on the use of Affordable Housing Overlay ( AHOZ) programs in California and provide recommendations for imp lementation of an AHOZ program in Campbell. The research summarized in this memorandum was compiled between June 26th and July 25th, 2023, and included eleven cities ( reference Attachment A). Out of the eleven cities surveyed, the programs implemented by Menlo Park, Tiberon, and Milpitas, were found to be the most comprehensive, and as a result, were solicited for feedback on the successes/challenges implementing their programs as part of this study (reference Attachment B). A Google Survey was also distributed to HCD Listserv to gather additional information and feedback about other AHOZ programs, in which seven cities responded (reference Attachment C). In addition to the research o n AHOZ programs, this memo also provides a summary of a recent relevant court case.1

PURPOSE
The City of Campbell’s 2023-2031 Housing Element included Program H-1c which outlines a schedule for the creation of an Affordable Housing Overlay Zone (AHOZ) with the goal of improving housing affordability. Consistent with the implementation timeline, this memo was prepared to research the use of AHOZs in the Bay Area by mid-2023 (see Table 1; Timeframe).

Goal/Policy/Program Timeframe
Program H-1c: Affordable Housing Overlay Zone
Establish an Affordable Housing Overlay Zone to incentivize the development of housing meeting priorities. Incentives to be incorporated into the AHOZ may include:
• Allowing an increase in density over that otherwise
allowed under State Density Bonus Law.
• Allowing a reduction in parking standards consistent
with those provided under State Density Bonus Law.
• Providing for Ministerial Review.

Other incentives to be evaluated in developing the AHOZ include providing for
a) building, planning, and/or impact fee reductions or
waivers
b) City funding support for frontage improvements.

Research other AHOZs in the Bay
Area and conduct developer
interviews on meaningful incentives
(mid 2023); Develop draft AHOZ and
conduct public hearings (Fall 2023);
Adopt AHOZ (Spring 2024)
Table 1 – Program H-1c from Campbell’s 2023-2031 Housing Element

1 Martinez vs City of Clovis - r eference Attachment D
Community Development Department
Planning Division

MEMORANDUM

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Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Memorandum – Affordable Housing Overlay Zones (AHOZs) Page 2 of 7

WHAT IS AN AHOZ
An Affordable Housing Overlay Zone, or AHOZ, is a zoning tool used by local governments in California to encourage the development of affordable housing projects . The establishment of an AHOZ involves the identification of areas where it will apply, and the development of policies and requirements that overlay existing zoning . Within a defined geographical or policy area, an AHOZ provides regulations for qualification that typically focus on achieving local policy objectives and lays out incentives for developers to choose from in exchange for meeting those policy objectives. Common features in AHOZ are listed below.

1. Designation: Local governments identify specific areas or zones within their jurisdiction where the Affordable Housing Overlay Zone will be applied. These areas are typically chosen based on various criteria such as proximity to public transportation, existing infrastructure, and potential for affordable housing development.

2. Incentives: The Affordable Housing Overlay Zone often offers developers certain incentives to encourage them to build affordable housing projects. These incentives may include density bonuses, reduced parking requirements, streamlined permitting processes, and potential fee waivers.

3. Affordability Requirements: Developers seeking to take advantage of the incentives within the overlay zone are usually required to allocate a certain percentage of the units in their projects as affordable housing. The level of affordability (e.g., low -income, moderate -income) may vary depending on local regulations.

4. Affordable Housing Funds : In some cases, local governments may establish affordable housing funds generated from fees collected from developers who choose not to include affordable units in their projects. These funds can be used to support affordable housing initiatives within the city or region, including projects within the AHOZ.

KEY POLICY DECISIONS
The following discussion serves to identify the most common, and important, policy decisions that need to be made when establishing an AHOZ.

Policy Consideration 1: Should the AHOZ be structured to compete with, or complement incentives and requirements provided by State Density Bonus Law?
The State Density Bonus Law (Government Code Sections 65915-65918) is a statewide policy that grants certain incentives to developers who include affordable housing units of a certain percentage and/or senior housing in their projects. As the law is implemented at a statewid e level, local governments may find the law inadequate in addressing their unique housing needs or preferences. Table 2 below compares the key differences between an AHOZ and the provisions of State Density Bonus Law.

The City of Agoura Hills, Navato, Chino , Alameda, Menlo Park, Boyle Heights, and Foster City have implemented their AHOZ programs to complement the density bonus law. This means allowing developers to receive additional incentives when they exceed the requirements of the state density bonus law. The cities of Buellton, Tiberon, San Diego, Capitola, Corte Madera, Milpitas, Fremont, Los Gatos, and Palo Alto chose to have their AHOZ programs compete with the state density bonus law. This means developers have the option to choose either the density bonus program or the AHOZ program independently. Table 3 displays a chart describing the key pros and cons of each option.

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Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Memorandum – Affordable Housing Overlay Zones (AHOZs) Page 3 of 7

Provision AHOZ Density
Bonus Law
Tailored Zoning Designation:

Allows local authorities to target efforts and areas where affordable housing is in the greatest demand.

X
Customized Incentives:

Local governments can customize the package of benefits to better suit the needs and priorities of their community.

X
Customized Affordability Thresholds:

The city can set its own affordability criteria, potentially accommodating a broader range of income levels, and making the housing even more accessible to a diverse population.

X
Streamlined Process:

AHOZs can speed up the permit process to incentivize developers.

X
Community Input:

AHOZs are established at the local level, allowing for greater community input, and tailors the program to the unique needs and preferences of the residents.

X
Local Funding:

AHOZs can create dedicated local funding mechanisms to support affordable housing initiatives. This could involve leveraging local funds, grants, or other financial resources to complement the state’s funding efforts.

X
Mandated by State Law:

Density Bonus Law mandates a density increase at a designated percentage, and a set list of incentives and waivers to encourage developers to build more affordable and senior housing in all areas. Given that State Density Bonus law is mandated at a state level, requi rements are also consistent across jurisdictions
and more commonly applied and understood by
developers.

X

Table 2 – AHOZ vs State Density Bonus Law

Pros of Complementing Density Bonus Law Cons of Complementing Density Bonus Law Developers may have an increased number of
incentives.

Having both regulations may be confusing for the
developer in understanding what their options are.

There may be increased affordable housing
development because only one overall program will
be utilized and worked more closely with city staff.

Planners may need extra time to make sure all
incentives and programs are internally consistent.

The AHOZ incentives and tradeoffs may be tailored
towards the city priorities, therefore the
developments could line up with the city’s character
and long-term goals more closely.

Pros of Competing with Density Bonus Law Cons of Competing with Density Bonus Law The developer may have one clear incentive path to
follow.

Developers may have fewer options for incentives.

It could be easier to alter the AHOZ when it is a
singular entity.

There may be a lack of incentives to offer that the
density bonus law does not already offer.

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Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Memorandum – Affordable Housing Overlay Zones (AHOZs) Page 4 of 7

Table 3 - Complementing vs Competing State Density Bonus Law

PC 1: City Feedback/Observations
It appears there is a division among cities, with some choosing to complement (7) and others opting to compete (9) with the density bonus law. However, cities like Menlo Park have indicated that they have transitioned their AHOZ program to complement the law. Menlo Park was a city who was solicited for feedback, and they noted that will clarify that their AHO program can be combined with the state density program, allowing for developments of 100 units or more.

 Recommendation on PC 1: For Campbell, the complementary option is recommended because it could ensure greater adaptability over time , especially as new housing laws come to fruition . It could also have the potential to keep the development process in the hands of the city’s control longer and the incentives and tradeoffs could be tailored to the city priorities therefore potentially lining up with the cities long term goals and community characteristics more closely.  Menlo Park exemplifies aspects of this policy consideration and has their program thoroughly outlined and could be referenced as a model ordinance.

Policy Consideration 2: Establishing Local Priorities and Incentives (Tradeoffs)

Priorities/Criteria to Qualify
One of the most significant policy decisions, in the development of an AHOZ, is to determine the specific local priorities required to qualify (i.e., provide housing for a special needs population, compliance with a specific development standard) and suite of incentives that will be offered in exchange (i.e., reduced impact fees, expedited permit processing). For instance, Menlo Park requires that 25% of units be allocated to low/extremely low-income individuals, while Milpitas allocates 15% of units to extremely low- income residents for residential projects with 10 or more units. Foster City stood out in that their AHOZ focused on providing affordable housing for seniors. Additionally, most cities have defined qualifying conditions, or priorities, to be eligible for incentives offered by their AHOZ program. For example, Tiburon includes a provision specifying that a percentage of units must be reserved for special needs populations.

The qualifications for the three contacted cities are listed in Attachment B for reference.

PC 2: Priorities City Feedback/Observations
Milpitas updates involve reducing the commercial floor area ratio and increasing the maximum residential density to support the development of below -market-rate housing, thus indirectly increasing affordable housing. Additionally, they are considering incentivizing only 100% affordable housing and limiting the affordable incentives related to relaxed development standards, freeing developers to request waivers or concessions on other development standards.

 Recommendation on PC 2 (Priorities/Criteria to Qualify) : For Campbell, priorities may include a max height of 75 feet, the protection of trees, ensuring commercial uses on the ground floor of affordable housing projects, and keeping a minimum percentage of open space even if a reduction is allowed. Qualifications for the AHOZ program may include developers agreeing to produce a certain percentage of affordable units.

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Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Memorandum – Affordable Housing Overlay Zones (AHOZs) Page 5 of 7

 The following qualifications for the AHOZ program may be considered. Require affordable housing to be constructed in a single phase, rather than multiple phases, and allow the transfer of square footage within units. These approaches could help expedite the development process, reduce regulatory burdens, and increase the number of affordable units built. To ensure fair access to amenities and services, affordable units could be evenly distributed within the development project. It is recommended for Campbel l to also define the maximum number of incentives developers can use, taking cues from Milpitas (up to two waivers) and Los Gatos (up to four concessions) as examples. Campbell may also require a certain percentage of affordable units per project. These policies could offer clarity for developers and assurance that these units wil l be constructed.
 Milpitas and Tiberon exemplify aspects of this policy consideration and have their programs thoroughly outlined and could be referenced as a model ordinance.

Incentives Offered in Exchange
Beyond establishing priorities, cities have outlined incentives they are willing to offer in exchange for more housing. One common incentive listed by 4 of the 11 cities is increasing the height limit for buildings. The specific incentives used by each city are detailed in Attachment A . When deliberating potential incentives,
it is imperative to acknowledge that this roster of incentives does not constitute an all -or-nothing proposition. Instead, it may entail a partial reduction, such as a reduction of 25% from the standard, rather than a complete elimination.

PC 2: Incentives City Feedback/Observations
Milpitas mentioned that providing additional incentives beyond those already outlined in the Density Bonus Program is challenging. They highlighted that if they were to offer supplemental density bonuses for exceeding AHO requirements, the added density would need to be significantly higher to effectively incentivize developers. Moreover, the relaxed development standards they implemented seemed to be ineffective, as developers could opt for requesting waivers and concessions through the Density Bonus Program instead.

 Recommendation on PC 2 ( Potential Incentives): Incentives may include increasing floor area ratio, parking reductions, setback reductions, reductions of common/private open space (c an include reduced landscaping requirements - Milpitas, Palo Alto), fee waivers such as planning and engineering application fees, building plan check and inspection fees, c onstruction mitigation fees), increased max building coverage/allowable paving, reduced restrictions on building types, clustering of affordable units within a project, and waiving development standards in exchange for meeting local priorities.
 Milpitas and Menlo Park serve as noteworthy examples illustrating key facets of this policy deliberation. Their meticulously detailed p rograms could be cited as examples of a model ordinance.

Policy Consideration 3: Location
Through an AHOZ, a local jurisdiction may promote housing production in specific areas of the community.

The cities surveyed, target the production of housing in various ways, described below.

Previous Designation

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Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Memorandum – Affordable Housing Overlay Zones (AHOZs) Page 6 of 7

Buellton and Foster City have elected to designate their affordable housing sites in advance. This implies that, within the framework of their AHOZ program, the affordable housing locations have already been predetermined, and potentially no other prospective housing sites can be included in the program without prior discussion and approval.

Geospatially Located
Geospatially situating the AHOZ program offers a range of strategic possibilities. One such possibility involves aligning the program with distinct area plan boundaries, as exemplified by Menlo Park, which applies the program within their El Camino Real and Downtown specific plan areas.

Alternatively, this spatial approach could be applied to target specific areas within the city, including those in close proximity to transit hubs or falling within predefined land use designations. In the case of Menlo Park, their program is specifically tailored to properties zoned as R -4-S (AHO high -density residential, special—affordable housing overlay).

Policy Locations
The selection of AHOZ housing sites may also be determined through the utilization of TCAC (Tax Credit Allocation Committee) eligibility criteria or demographic data, with a focus on prioritizing underserved communities and individuals.

PC 3: City Feedback/Observations
Menlo Park is in the process of extending its overlay to encompass opportunity sites and R-3 sites located in proximity to Downtown and within high resource areas. Meanwhile, Milpitas is actively engaged in the revision and enhancement of their mixed-use zoning districts.

 Recommendation on PC 3 (Location): Due to the small size of Campbell, it is recommended to geospatially map the where the AHOZ program will be applied. It is recommended to consider properties within a commercial-corridor mixed-use zone, transit-oriented mixed-use designation, medium/high density development zones, and/or areas within priority development zones. These zones, including areas designated for multi-family development, planned development zones, or special project areas (e.g., East Campbell Master Plan, Hamilton Area Precise Plan or Winchester Boulevard Master Plan), could offer promising opportunities to accommodate a larger population.

Importantly, these choices align with the strategies adopted by the cities examined in this research.
 In the event the City of Campbell opts for precise site selection for the AHOZ, it is advisable to incorporate explicit design guidelines within the program. This could become especially pertinent if these guidelines deviate from the regulations inherent to the underlying zoning framework.

Such an approach could mitigate potential confusion in regulatory interpretation and ensure a streamlined implementation of the AHOZ program.
 Menlo Park exemplifies aspects of this policy consideration and has their program thoroughly outlined and could be referenced as a model ordinance.

1. Attachment A – Review of Adopted Affordable Housing Overlay Zones

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Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Memorandum – Affordable Housing Overlay Zones (AHOZs) Page 7 of 7

2. Attachment B – Qualifications from Menlo Park, Tiberon, and Milpitas

3. Attachment C – Survey Results

4. Attachment D – Martinez vs City of Clovis

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Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Attac hment A
Review of Adopted Affordable Housing Overlay Zones
Incentive Menlo Park Tiberon Los Gatos Milpitas Corte Madera San Diego Capitola Boyle Heights
Foster City
– Senior
Housing
Fremont Palo Alto

Floor Area
Ratio
Increase
Increase by
amount of
density
increase as
well as
additional 5%
Not to
exceed 50%
of the max
FAR for
commercial
space in
mixed use
zoning
Averaging
But no
specifics
Max of 2.4
FAR

Height &
Number
of Stories
Project = 45%
density bonus
gets max 4
stories + no
more than 48’
Project = > 45%
density bonus
gets 5 stories +
no more than
60’
Waivers not
exceed 20%
of max
zoning
height limits
and
not exceed
general plan
height limits
No
minimum bu
ilding site
area
requirement
Increased
maximum
building
height and
/or stories.

Height up
to 50 feet
except

within 50

feet of

residential
zone

Parking
Reduction
Studio = 0.8
space
1Bed = 1 space
2 Bed or more
= 1.5 space
Senior housing
= 0.8 or less
Near Station =
minus 0.2
spaces
Reduced
within
reason
(shared
parking,
joint use,
off-site
parking)
Reduction to
one space
per unit =
seniors
disabilities.

Reduction to
one (1) space
per unit for
development
s within one-
quarter (¼)
mile to the
proposed
Max 20%
Averaging
but no
specifics
Off-street
parking
Reduce

ratio to

0.75 spaces per
unit except
where

precluded
by state

law

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Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) A ttachment A
Review of Adopted Affordable Housing Overlay Zones
Incentive Menlo Park Tiberon Los Gatos Milpitas Corte Madera San Diego Capitola Boyle Heights
Foster City
– Senior
Housing
Fremont Palo Alto

Long Term
Biking – no
more than 0.5
per unit
Electric Vehicle
= reduced by
50%
Vasona Light
Rail Station.

Setback
Reduction
Required
setbacks
reduced to 5’
Exception:

When an AHO
project parcel
is next to a
parcel zoned
for single-
family
residential the
underlying
zoning
requirement
still applies
Any two
property
setbacks may
be reduced
by up to 50%
Not to
exceed 50%
of minimum
required
setback
The
minimum se
tbacks from
property
lines shall be
determined
by the city
through the
design
permit
process
Reduced
minimum
lot setback
Reduction
of
common/
private
open
space
Open Space
may be
reduced up to
50%
Also said
minimum open
space reduced
10%
Reduced
landscaping
requirement
s
Reduced
minimum
outdoor
and/or
private
outdoor
living area.

Landscape
and open
space
areas may
be located
on or
above the
ground
level, and

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Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) A ttachment A
Review of Adopted Affordable Housing Overlay Zones
Incentive Menlo Park Tiberon Los Gatos Milpitas Corte Madera San Diego Capitola Boyle Heights
Foster City
– Senior
Housing
Fremont Palo Alto
may
include
balconies,
terraces,
and
rooftop
gardens
Fee
Waivers
Project = 50%
low income or
20% very low
gets all
processing fee
waiver
Waive or
reduce
town
application
and
developme
nt fees
Also:

Constructi
on
subsidies
Assistance
in securing
public
financing –
bonds/tax
credits
Processing
Fee
reduction
A.

Planning and
engineering
application
fees (but not
Town
consultant
fees).
b.

Building plan
check and
inspection
fees.
c.

Construction
mitigation
fee.

Developmen
t Processing
Fees
Developmen
t Impact Fees
Administrativ
e Fees
Traffic Impact
Mitigation
fees
Town council
may waive,
reduce, or
rebate fees
for processing
the various
applications
for
development
in the AHO
Waives
expedite
fees
Did not
directly say
fees
Yes but no
specifics
Increased
Max
building
coverage/
allowable
paving
Coverage
Increased by
5%
Increased lot
coverage
increased up
to 50%
The city shall
determine
the
maximum b
uilding
coverage for
Up to a
25%
increase in
Building
Coverage
limits
Increased
maximum
lot
coverage

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Attachment: Affordable Housing Overlay Zone Research (Housing

Overlay Zoning Districts)
A ttachment A
Review of Adopted Affordable Housing Overlay Zones
Incentive Menlo Park Tiberon Los Gatos Milpitas Corte Madera San Diego Capitola Boyle Heights
Foster City
– Senior
Housing
Fremont Palo Alto
the
proposed
project
through the
design
permit
process
Priority
Processin
g
Give
qualifying
projects
highest
priority
processing
Projects the
highest
processing
priority for
planning
entitlements,
building plan
check and
building
inspection.

Yes but no
specifics
Yes but no
specifics
Architectu
ral Design
Variation
Affordable
units
allowed to
vary in
design and
square
footage.

Also
encourage
d shared
common
spaces

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Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) A ttachment A
Review of Adopted Affordable Housing Overlay Zones
Incentive Menlo Park Tiberon Los Gatos Milpitas Corte Madera San Diego Capitola Boyle Heights
Foster City
– Senior
Housing
Fremont Palo Alto

Flexibility
in
Developm
ent
Standards
Higher
density
and
relaxation
and/or
flexibility
in the
developme
nt
standards
in

RMP/AHO
Max height
38ft
Reduction
in dwelling
unit size
In a
residential
project
which
contains
attached
multi-story
living units,
affordable
units may
contain
only
one story.

Remove

max

dwelling

unit

density

Interior
Amenity
May be
reduced
within
reason to
reduce
costs
Reduced
interior or
exterior
amenities
Affordable
units may
have
different
interior
finishes
and
features
than
market-
rate units
in the
same
residential
project

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Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) A ttachment A
Review of Adopted Affordable Housing Overlay Zones
Incentive Menlo Park Tiberon Los Gatos Milpitas Corte Madera San Diego Capitola Boyle Heights
Foster City
– Senior
Housing
Fremont Palo Alto
Density
Averaging
Permit
higher densi
ty levels in
certain
project
portions in
exchange for
advantageo
us project
design
features
Yes but
no
specifics
Dwelling
unit
density
bonus
Lot Width
Reduction
Up to 25%
decrease
Reduced
minimum l
ot size
and/or
dimension
Reduced
Minimum
Building
Separatio
n
Yes but no
specifics
Reduced
street
standard,
such as
reduced
minimum
street
width.

Yes but no
specifics
# of
Incentives 7 6 5 8 1 1 5 5 5 9 4
Additional Cities Researched
& Surveyed
No AHO: Gilroy, Larkspur
AHO or In Progress: Concord, Novato, Chino, Alameda, Agoura Hills, Buellton

13.a
Packet Pg. 160
Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Attachment B

Qualifications from Menlo Park, Tiberon, and Milpitas

Attachment B
Menlo Park
Apply to the Menlo Park El Camino Real and
Downtown specific plan area and those
properties zoned R-4-S (AHO) (high density
residential, special—affordable housing overlay)
Tiberon

Milpitas

Must Comply with All Below
Accommodate full range of incomes Minimum of 5% very-low-income, 10% low-income, and 10% moderate-income
housing units

Moderate-income rental units shall be
counted only if they are below ninety
percent of the median income. On smaller
sites that would yield ten or fewer total
units at the minimum allowable density,
the affordable component shall be
reduced from 25% to 20% of total units.

At least 50% of the required affordable
units shall be low income or very low
income.

The AHO requires all
new residential
projects with ten or
more units to develop
15% of the total
number of units as
affordable units
At least 25% affordable units for low and/or
extremely low income OR At least 15% affordable
units for extremely low income

Ensure that affordable units are deed-
restricted for a period of not less than 55
years, and in perpetuity, if possible, to
ensure affordable resale and rents
If an applicant
provides affordable
units in excess of 20%
of the total number of
units in the project the
city provides the
incentives
Qualification for AHO + Density Bonus +
Incentives
Those projects located in the Menlo Park El
Camino Real + Downtown specific plan area that
qualify for the AHO shall be eligible for the
density bonus and incentives identified in this
chapter. The density bonus applies only to the
residential component of a project in the Menlo
Park El Camino Real and Downtown specific plan
Provide a percentage of units for special
needs populations in compliance with
section 16-70.030 (general inclusionary
requirements).

13.a
Packet Pg. 161
Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) A ttachment B
Qualifications from Menlo Park, Tiberon, and Milpitas
area and does not act to entitle a project to more
office, retail or other nonresidential density.
5 to 100 residential dwelling units: = a minimum
of 21% low-income units or 12% very low-income
units
Comply with Overlay Development
Standards
If smaller project proposes to provide both low
and very low-income units: the minimum
percentage of units to qualify for the AHO shall be
more than the additive amount necessary to
achieve 35% density bonus
100 Residential and Above: provide a minimum of
21% low-income units or 12% very low-income
units.

If a larger project proposes to provide both low
and very low-income units, the minimum
percentage of units to qualify for the AHO shall be
the additive amount necessary to achieve more
than 35% density bonus.

The low or very low income percentage to qualify
for the AHO shall not include the below market
rate units required to be provided by for-sale
residential development projects and commercial
development projects pursuant to the city’s
below market rate housing program,
Chapter

16.96. 13.a
Packet Pg. 162
Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Attachment C

Survey Results

13.a
Packet Pg. 163
Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Attachment C

Survey Results

Email Jurisdictio
n
Jurisdiction
Size
Tell us about your
AHO -
Is your AHO
designed to
compete with (as
an alternative to)
or complement
(add to) state
density bonus
law?
Does your AHO
have specific
criteria that
must be met to
qualify?
Which of the
following
incentives are
offered by your
AHO?
How
many
projects
have
utilized
your AHO
(including
pending)?
Which of the
following
incentives
have
developers
preferred?
Please share your
experiences and any
lessons learned.

What would you
improve about your
AHO?
scott.watkins@cityof
concord.org
City of
Concord
100,000 or
greater
Our AHO is under
development, and
this is one of the
questions for our
City Attorney.

Must be
identified in our
housing element
Ministerial
approval (may
add other
incentives)
0 Our AHO is
under
development.

Please share
the responses
of your survey
We have scanned 28
jurisdictions AHO
throughout
California for their
AHO policies and
found a wide variety
of approaches.

Would be great to
see a model AHO
policy developed,
and a toolkit written
to discuss how
jurisdictions could
adapt and
implement AHOs.
rnesovic@agourahills
city.org
City of
Agoura
Hills
25,000 to
49,999
Complements
state density
bonus law (i.e.,
state density
bonus law benefits
+ more).
• Must be
located within a
specific area
(i.e., proximity
to transit, within
a specific area
plan or land use
designation).

• Must exceed
• Expedited
permit
processing.

• Permit fee
waivers or
reductions.

• Reduced
6 to 10 • Expedited
permit
processing.
• Housing
density or unit
count bonus.
• Height and
floor area ratio
bonuses.

One lesson learned
is that during the
public review phase
of the housing
element and/or
overlay zone, it is
very
important to
communicate loudly
and often about

13.a
Packet Pg. 164
Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Attachment C

Survey Results
Email Jurisdictio
n
Jurisdiction
Size
Tell us about your
AHO -
Is your AHO
designed to
compete with (as
an alternative to)
or complement
(add to) state
density bonus
law?
Does your AHO
have specific
criteria that
must be met to
qualify?
Which of the
following
incentives are
offered by your
AHO?
How
many
projects
have
utilized
your AHO
(including
pending)?
Which of the
following
incentives
have
developers
preferred?
Please share your
experiences and any
lessons learned.

What would you
improve about your
AHO?
local
inclusionary
ordinance
and/or state
density bonus
law affordability
requirements.

• Must satisfy
one or more
specific
development
standards or
policy
objectives.

• Must satisfy
specific
environmental
and
sustainability
requirements.

• Must include
specific tenant
protection
parking
requirements.

• Housing
density or unit
count bonus.

• Height and
floor area ratio
bonuses
State Density Bonus
Law. If the overlay
requires a maximum
of three story
buildings and a
handful of
developers waive
the three-story
height requirements,
elected officials and
the public
will likely be very
upset when they see
applications for 4 or
5 story buildings and
can't do much about
it.

Additionally, in my
experience, always
expect that the
developer will opt
for a 50% density
bonus. This means
that they will have
to provide at least
24% low-income or

13.a
Packet Pg. 165
Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Attachment C

Survey Results
Email Jurisdictio
n
Jurisdiction
Size
Tell us about your
AHO -
Is your AHO
designed to
compete with (as
an alternative to)
or complement
(add to) state
density bonus
law?
Does your AHO
have specific
criteria that
must be met to
qualify?
Which of the
following
incentives are
offered by your
AHO?
How
many
projects
have
utilized
your AHO
(including
pending)?
Which of the
following
incentives
have
developers
preferred?
Please share your
experiences and any
lessons learned.

What would you
improve about your
AHO?
measures (i.e.,
tenant
relocation
assistance, rent
control
measures).

• Other: Our
affordable
housing overlay
gives an
increase in
allowable
density and a
ministerial
permit pathway,
so long as the
developer
provides at least
10% VLI and
10% LI units.
15% very low-
income. It may be
beneficial to create
development
standards that can
be reasonably met
with a 50% increase
to the allowable
base density, that
way the public and
elected officials
know that their
development
standards will be
met the majority of
the time.
cindy.mccormick@cit
yofgilroy.org
Gilroy 50,000 to
99,999
No AFO. Exploring
incentives beyond
state law
(complement +
more)
Will likely be
tied to ELI
housing, maybe
farmworker
housing
Exploring. Will
be interested in
your findings
0 N/A We are only
exploring at this
time. I am interested
in your results.

Thanks Stephen!

13.a
Packet Pg. 166
Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Attachment C

Survey Results
Email Jurisdictio
n
Jurisdiction
Size
Tell us about your
AHO -
Is your AHO
designed to
compete with (as
an alternative to)
or complement
(add to) state
density bonus
law?
Does your AHO
have specific
criteria that
must be met to
qualify?
Which of the
following
incentives are
offered by your
AHO?
How
many
projects
have
utilized
your AHO
(including
pending)?
Which of the
following
incentives
have
developers
preferred?
Please share your
experiences and any
lessons learned.

What would you
improve about your
AHO?
esemonian@cityoflar
kspur.org

City of
Larkspur

10,000 to
24,999

We have no
adopted one yet
but plan to adopt
one

none yet

• Housing
density or
unit count
bonus.
• By right
approval

0 not adopted
yet

Please share your
survey results.

[email protected]
g

City of
Novato

50,000 to
99,999
Complements
state density
bonus law (i.e.,
state density
bonus law benefits
+ more).

Must satisfy one
or more specific
development
standards or
policy
objectives.

• Reduced
parking
requirement
s
• Housing
density or
unit count
bonus.

1 to 5 • Reduced
parking
requiremen
ts.
• Housing
density or
unit count
bonus.

I cannot recommend
AHOs based on
current housing law,
particularly state
density bonus law.

While I think its
commendable that
agencies offer their
own incentives to
construct affordable
housing through
AHOs, the reality is
these overlays raise
the base density
level against which a
density bonus is
calculated, and the

13.a
Packet Pg. 167
Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Attachment C

Survey Results
Email Jurisdictio
n
Jurisdiction
Size
Tell us about your
AHO -
Is your AHO
designed to
compete with (as
an alternative to)
or complement
(add to) state
density bonus
law?
Does your AHO
have specific
criteria that
must be met to
qualify?
Which of the
following
incentives are
offered by your
AHO?
How
many
projects
have
utilized
your AHO
(including
pending)?
Which of the
following
incentives
have
developers
preferred?
Please share your
experiences and any
lessons learned.

What would you
improve about your
AHO?
accompanying
standards are easily
overcome by
concessions/incentiv
es and
waivers/reductions.

That is to say, an
AHO is likely as
effective as the
assignment of a
traditional
residential land use
classification when
factoring for
application of a
density bonus. I
believe agencies are
better off retaining
their traditional land
use/density
assignments,
developing robust
objective
development
standards, and

13.a
Packet Pg. 168
Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Attachment C

Survey Results
Email Jurisdictio
n
Jurisdiction
Size
Tell us about your
AHO -
Is your AHO
designed to
compete with (as
an alternative to)
or complement
(add to) state
density bonus
law?
Does your AHO
have specific
criteria that
must be met to
qualify?
Which of the
following
incentives are
offered by your
AHO?
How
many
projects
have
utilized
your AHO
(including
pending)?
Which of the
following
incentives
have
developers
preferred?
Please share your
experiences and any
lessons learned.

What would you
improve about your
AHO?
letting the
development
community decided
whether to increase
affordability to
achieve a higher
percentage bonus.

[email protected]
rg

City of
Chino

50,000 to
99,999
Complements
state density
bonus law (i.e.,
state density
bonus law benefits
+ more).

• Must
exceed local
inclusionary
ordinance
and/or state
density
bonus law
affordability
requirement
s.
• Must satisfy
one or more
specific
developmen
t standards
• Housing
density or
unit count
bonus.
• Height and
floor area
ratio
bonuses.

1 to 5 • Housing
density or
unit count
bonus.
• Height and
floor area
ratio
bonuses.
• Relaxed
use
requiremen
ts (i.e.,
allowing
conditional
uses as
We have both a
Mixed Use Overlay
(MUO and an AHO),
both require a
certain density range
and inclusionary
percentage. Until we
have a few projects
in practice, it is
difficult to know
how well the
Objective
Development
standards will be
implemented.

13.a
Packet Pg. 169
Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Attachment C

Survey Results
Email Jurisdictio
n
Jurisdiction
Size
Tell us about your
AHO -
Is your AHO
designed to
compete with (as
an alternative to)
or complement
(add to) state
density bonus
law?
Does your AHO
have specific
criteria that
must be met to
qualify?
Which of the
following
incentives are
offered by your
AHO?
How
many
projects
have
utilized
your AHO
(including
pending)?
Which of the
following
incentives
have
developers
preferred?
Please share your
experiences and any
lessons learned.

What would you
improve about your
AHO?
or policy
objectives.

permitted
uses).

[email protected]

City of
Alameda

50,000 to
99,999
Complements
state density
bonus law (i.e.,
state density
bonus law benefits
+ more).

• Must be
located
within a
specific area
(i.e.,
proximity to
transit,
within a
specific area
plan or land
use
designation.
• Must satisfy
one or more
specific
developmen
t standards
or policy
objectives.
• Must
include
• Reduced
parking
requirement
s.
• Housing
density or
unit count
bonus.
• Height and
floor area
ratio
bonuses.

0 • Permit fee
waivers or
reductions.
• Impact fee
waivers or
reductions.
• Housing
density or
unit count
bonus.

Our AHO came into
effect this year
(2023). It is part of
Alameda's Backyard
Infill strategy to
induce additional
units beyond ADUs.

Due to slowdown in
the housing market
we have not seen
development
interest in this
opportunity. Hoping
things will change in
the near future.

13.a
Packet Pg. 170
Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Attachment C

Survey Results
Email Jurisdictio
n
Jurisdiction
Size
Tell us about your
AHO -
Is your AHO
designed to
compete with (as
an alternative to)
or complement
(add to) state
density bonus
law?
Does your AHO
have specific
criteria that
must be met to
qualify?
Which of the
following
incentives are
offered by your
AHO?
How
many
projects
have
utilized
your AHO
(including
pending)?
Which of the
following
incentives
have
developers
preferred?
Please share your
experiences and any
lessons learned.

What would you
improve about your
AHO?
specific
tenant
protection
measures
(i.e., tenant
relocation
assistance,
rent control
measures.

13.a
Packet Pg. 171
Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts)

Attachment D

Martinez vs City of Clovis
Attachment D
MARTINEZ v. CITY OF CLOVIS
When the City of Clovis implemented their AHOZ, Martinez raised an argument stating that the new zoning overlay did not align with the requirements of the Housing Element Law, specifically concerning the minimum density stipulation. The contention was that the overlay retained the lower base densities associated with single-family and multi-family zoning. This, in turn, permitted deve lopers to opt for the lower density alternative. On April 7
th, 2023, the courts concurred with this perspective, finding that the city had not replaced their existing base density with the mandated 20 units per acre density.

Consequently, the city neglected to take actions that would promote the availability of affordable housing for its residents, leading to a failure in meeting the obligation to "affirmatively further fair housing." Campbell has effectively addressed this matter by formally codifying thei r rezoning densities to accommodate for the increase in mandatory housing densities. Additionally, they have included the required Regional Housing Needs Allocation (RHNA) density targets directly within their zoning ordinances.

13.a
Packet Pg. 172
Attachment: Affordable Housing Overlay Zone Research (Housing Overlay Zoning Districts) Æb
Æb
Æb
Æb
Æb
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17 §¨¦
17 VAN D USEN LN
ARC
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CAMBRIAN DR

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EL PATIODR

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SANTOMASEXPY
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DR

CARLYN AVE

W HACIENDA AVE

PAYNE AVE

LLEWELLYN AVE

CENTRAL PARK DR
S
W

INCHESTER
BLVD

ALMARIDA DR
CR
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KSIDE WAY

HAZEL AVE

N MIDWAY ST

LO TTIELN
BEDAL
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CT

CURTNERAVE

BURROWS RD

EMOZARTAVE

UNION AVE

AINSLEY PARK DR

VIRGINIA AVE

E RINCON AVE

CYPRESS LN
S
M
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SUNNYSIDE AVE

E CAMPBELL AVE

GRACE AVE

W CAMPBELL AVE
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SAN
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PENNY LN

SHARP AVE
SUNBE
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EACHTREE
CT

W LATIMER AVE

E HAMILTON
AVE

ORCHARD CITY DR

HARRIET
AVE

PHANTOM AVE
N 3RD ST

HARRIET AVE

DILLON AVE

REDDING RD
N
SAN
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RD

SHEFFIELD CT

W RINCON AVE

MONTEMAR WAY

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W HAMILTONAVE

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TURNER WAY

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WA R WICK DR

DENVER DR

WEST VALLEY DR

ABBEY LN

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CHAMBERLIN CT

HUNT WAY
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SUMMERFIELD
DR

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NORMANDY DR

KUEHNIS DRRICHLEE DR

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APRIL WAY
S
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ESTHER AVE
S
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SHADY DALE AVE

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MONICA LN

W ROSEMARY LN

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TOMAS
EXPY
.

July 28, 2023
General Plan 2040 Legend
Residential Uses
Low Density Residential (<4.5 Units/Gr. Acre)
Low Density Residential (<5.5 Units/Gr. Acre)
Low Density Residential (<7.5 Units/Gr. Acre)
Low-Medium Density Residential (8-16 Units/Gr. Acre)
Medium Density Residential (18-25 Units/Gr. Acre)
Medium-High Density Residential (26-33 Units/Gr. Acre)
Mobile Home Park (8-16 Units/Gr. Acre)
Commercial/Office Uses
Neighborhood Commercial
General Commercial
Professional Office
Industrial Uses
Light Industrial
Research Development
Mixed Uses
General Commercial/Light Industrial
Professional Office Mixed-Use (8-16 Units/Gr. Acre)
Neighborhood Commercial Mixed-Use (18-25 Units/Gr. Acre) Medium-High Density Mixed-Use (26-33 Units/Gr. Acre)
Central Business Mixed-Use (26-33 Units/Gr. Acre)
General Commercial Mixed-Use (26-33 Units/Gr. Acre)
High Density Mixed-Use (34-45 Units/Gr. Acre)
Commercial Corridor Mixed-Use (45-60 Units/Gr. Acre)
Transit-Oriented Mixed-Use (57-75 Units/Gr. Acre)
Public/Recreational Uses
Public Facilities
Open Space
*: Includes all non-vacant sites used in prior housing element and one vacant site included in two consecutive prior housing elements (136 Gilman Avenue).

Housing Element Reuse Sites
Reuse Overlay

13.b
Packet Pg. 173
Attachment: Reuse Sites Overlay Map (Housing Overlay Zoning Districts) Æb
Æb
Æb
Æb
Æb
§¨¦
17 §¨¦
17 VAN D USEN LN
ARC
R
D
S W

INCHESTER BLVD

CAPRI DR

CAMBRIAN DR

DELL AVE

EL PATIODR

UNION AVE

SANTOMASEXPY
M
ARILYN
DR

CARLYN AVE

W HACIENDA AVE

PAYNE AVE
LLEW

ELLYN AVE

CENTRAL PARK DR
S
W

INCHESTER
BLVD
ALM

ARIDA DR
CR
EE

KSIDE WAY

HAZEL AVE
N M
IDW
AY ST

LO TTIELN
BEDAL
PARK
CT

CURTNERAVE
BURROW
S RD

EMOZARTAVE

UNION AVE

AINSLEY PARK DR

VIRGINIA AVE

E RINCON AVE

CYPRESS LN
S
M
IDW
AY
ST

SUNNYSIDE AVE

E CAMPBELL AVE

GRACE AVE

W CAMPBELL AVE
SONUCA
CT
S
SAN
TOM
AS
AQUINO
RD

PENNY LN

SHARP AVE
SUNBE
RRYDR
P

EACHTREE
CT

W LATIMER AVE

E HAMILTON
AVE

ORCHARD CITY DR

HARRIET
AVE

PHANTOM
AVE
N 3RD ST

HARRIET AVE

DILLON AVE

REDDING RD
N
SAN
TOM
AS
AQUINO
RD

SHEFFIELD CT

W RINCON AVE

MONTEMAR WAY

GALE DR

CALADO AVE
S
1STST

UNNAMED
ST
LACORO
NA
C
T

BOISE DR

ROBWAY AVE
SHA
M
ROCKDR

CIVIC CENTER DR

CAMDEN AVE

WESTMONT AVE

E HAMILTON AVE
N
LEIGH
AVE

WALNUT DR

SOBRATO CT

SMITH AVE

E MCGLINCY
LN

EDEN AVE

MARAVILLA
CT

W CAMPBELL AVE

POPE CT

SOBRATO WAY

FRIARWAY

HEDEGARD AVE

BEDAL LN
TIM
BER
COVE
DR
M
ILLICH
DR

EVERETT AVE
APPLE

BLOSSOM LN

WHITWOOD
LN
PAYM
AN
PL
W
HITE
OAKS
RD

COLLEENW
AY

W HAMILTON AVE

PEGGY CT
DELLA
CT

BUCKNAM
CT
HO
LM
ES
AVE

SOBRATO
DR

STONEHURST
W
AY
SAINT

ANTHONYS PL

PAMLAR AVE

UNIONPL

ELWOODDR

HEDEGARD AVE

E SUNNYOAKSAVE
ERIE W
AY

FAIRLANDS AVE
RAILW
AYAVE

THERESA AVE

CAMEO DR

ROSE CT
MAGG
IO
CT
CHALET
WOODS
CIR

STOKESST

AUDREY AVE

VILLARITA DR

CASTRO CT
KIM CT

VIRGINIA CT

GILMAN AVE

E LATIMER AVE
DEL
LOM
A DR

W SUNNYOAKS AVE

HARRISON
AVE
KIM

LOUISE DR
GINDEN
DR
CAM
DEN
AVE

SPRINGFIELD DR
N 2ND ST

DARRYL DR

SILACCI DR

INSKIP DR

CAMDEN AVE
NPETER
DR
INW
OOD DR

KENNEDY AVE
DEL
PRADO
DR
HYDE
DR
ELW
OOD DR

BUDD CT
GW
EN DR
C

ENTURYDR FLAM
INGO
DR
SALM
AR
AVE

LONGFELLOW
AVE

W LATIMER AVE

SHELLEY AVE

PATIO DR
GAY
AVE

BE TH WAY

ADRIEN DR

BUCKNAM AVE

VIA RANCHERO

SAFFLE CT
NELLO
DR
LAW

NDALE AVE

DUNCANVILLE
CT
DRY
CREEK
RD

ENSENADADR

WALDO RD

DUNSTER DR

KENNETH
ST

KILMER AVE
O

LYMPIAAVE

CHRISTOPHER
AVE

BUDD AVE

HAZELWOOD AVE

LINDA DR
N

CENTRAL
AVE

BISMARCK DR
N
1STST
M

ANCHESTER AVE

NIDO DR

BENT DR
S
PETER
DR
PEGG
Y AVE

PAGE ST
DOVER
W
AY

PAULA DR

ST PAUL DR

E HAMILTON AVE
POPLAR
AVE

ADLER AVE

BARBANO
AVE

DALLASDR

SUNNYARBOR CT
S 4TH ST

CHAPMAN DR

W PARR AVE

TRAILBLAZER PL

MCBAIN AVE
ERIN W
AY
SALM
AR
TER

GRANT ST

MORRIS LN
MORE
AVE
YORK
AVE
S W

INCHESTER BLVD
M

ITCHELL CT
VICTOR
AVE
GRAHAM
DR

FAWN CT

HERBERT LN
DECO
RAH LN
SUPER
IOR
DR

E HAMILTON AVE

VANDELL WAY

HICKORY
CT
SALICE
W
AY

EBBETS DR

REGASDR

FILBERT
W
AY

ABBOTTAVE

ELAM AVE

KEITH DR
W

ELKER CT

PECAN W
AY
DE

CARLI CT
ARNOTT
WAY

HARRISON
AVE

KENNETH
AVE
JO
HN
KIRK
CT

FAIRBANKS
AVE

CONNIE DR

NADINE DR

ALICE AVE

CAMPISIWAY

SALERNO DR

BROWNINGAVE

LORETTA
LN

RIDGELEY DR

OLD ORCHARD RD
W
RENW
AY

LUCOT WAY
CRO
CKETT
AVE
SHARM

ON PALM
S LN

LOST LAKE LN
M
ARG
ARETLN
ROB

N ICK CT

WILTON DR
ABBO
TT
AVE

W HAMILTON AVE

W RINCON AVE
N
M
ILTON
AVE

STEINWAY AVE

BRACEBRIDGECT

HOLLIS AVE

CRONWELL DR

W HAMILTONAVE

WATSON DR
HACK
AVE

LOVELL AVE
MONTE

VILLA CT

WENDELL DR

CROCKETT AVE
COVEN

T RY DR
S
M
ILTON
AVE

TURNER WAY

MUNRO AVE

WA R WICK DR

DENVER DR

WEST VALLEY DR

ABBEY LN

DOT AVE

DIVISION ST
W

ESTON DR

E HACIENDAAVE

PALO SANTO DR

EL SOLYO AVE

ECHO AVE

CHAMBERLIN CT
HUNT W
AY
JANE
ANN
W
AY
S
BASCOM
AV
E

SUMMERFIELD
DR

LOYALTON
DR
LLEW

ELLYNAVE

ROBIN LN

APRICOT AVE
NORM

ANDY DR

KUEHNIS DR

RICHLEE DR
EM

ORY AVE

APRIL W
AY
S
BASCOM
AVE
JE

FFREY AVE

ESTHER AVE
S
BASCOM
AVE

SHADY DALE AVE

EL CAMINITO AVE
LENO
R W
AY

MCBAIN AVE

HARDY AVE
M

ONICA LN

W ROSEMARY LN

FEWTRELL DR
M

ONICA LN

CATALPA LN
SAN
TOMAS
EXPY

CAMPBELLTECHNOLOGY
PKW
Y
SAN
TOM
AS
EXPY
SAN
TOM
AS
EXPY
SAN
TOMAS
EXPY
.

August 4, 2023
General Plan 2040 Legend
Residential Uses
Low Density Residential (<4.5 Units/Gr. Acre)
Low Density Residential (<5.5 Units/Gr. Acre)
Low Density Residential (<7.5 Units/Gr. Acre)
Low-Medium Density Residential (8-16 Units/Gr. Acre)
Medium Density Residential (18-25 Units/Gr. Acre)
Medium-High Density Residential (26-33 Units/Gr. Acre)
Mobile Home Park (8-16 Units/Gr. Acre)
Commercial/Office Uses
Neighborhood Commercial
General Commercial
Professional Office
Industrial Uses
Light Industrial
Research Development
Mixed Uses
General Commercial/Light Industrial
Professional Office Mixed-Use (8-16 Units/Gr. Acre)
Neighborhood Commercial Mixed-Use (18-25 Units/Gr. Acre) Medium-High Density Mixed-Use (26-33 Units/Gr. Acre)
Central Business Mixed-Use (26-33 Units/Gr. Acre)
General Commercial Mixed-Use (26-33 Units/Gr. Acre)
High Density Mixed-Use (34-45 Units/Gr. Acre)
Commercial Corridor Mixed-Use (45-60 Units/Gr. Acre)
Transit-Oriented Mixed-Use (57-75 Units/Gr. Acre)
Public/Recreational Uses
Public Facilities
Open Space
Reuse Overlay
Reuse Sites + Highest Density
(1067 Low-Income Units / 29 Sites)
Option 1
Nonresidential Ground Floor Requirement
Tier 1
Tier 2

13.c
Packet Pg. 174
Attachment: By-Right Housing Overlay Options (Housing Overlay Zoning Districts) Æb
Æb
Æb
Æb
Æb
§¨¦
17 §¨¦
17 VAN D USEN LN
ARC
R
D
S W

INCHESTER BLVD

CAPRI DR

CAMBRIAN DR

DELL AVE

EL PATIODR
UNIO
N AVE

SANTOMASEXPY
M
ARILYN
DR

CARLYN AVE

W HACIENDA AVE

PAYNE AVE
LLEW

ELLYN AVE

CENTRAL PARK DR
S
W

INCHESTER
BLVD
ALM

ARIDA DR
CR
EE

KSIDE WAY

HAZEL AVE
N M
IDW
AY ST

LO TTIELN
BEDAL
PARK
CT

CURTNERAVE
BURROW
S RD

EMOZARTAVE

UNION AVE

AINSLEY PARK DR

VIRGINIA AVE

E RINCON AVE

CYPRESS LN
S
M
IDW
AY
ST

SUNNYSIDE AVE

E CAMPBELL AVE

GRACE AVE

W CAMPBELL AVE
SONUCA
CT
S
SAN
TOM
AS
AQUINO
RD

PENNY LN

SHARP AVE
SUNBE
RRYDR
P

EACHTREE
CT

W LATIMER AVE

E HAMILTON
AVE

ORCHARD CITY DR

HARRIET
AVE

PHANTOM
AVE
N 3RD ST

HARRIET AVE

DILLON AVE

REDDING RD
N
SAN
TOM
AS
AQUINO
RD

SHEFFIELD CT

W RINCON AVE

MONTEMAR WAY

GALE DR

CALADO AVE
S
1STST

UNNAMED
ST
LACORO
NA
C
T

BOISE DR

ROBWAY AVE
SHA
M
ROCKDR

CIVIC CENTER DR

CAMDEN AVE

WESTMONT AVE

E HAMILTON AVE
N
LEIGH
AVE

WALNUT DR

SOBRATO CT

SMITH AVE

E MCGLINCY
LN

EDEN AVE

MARAVILLA
CT

W CAMPBELL AVE

POPE CT

SOBRATO WAY

FRIARWAY

HEDEGARD AVE

BEDAL LN

E CAMPBELL AVE
TIM
BER
COVE
DR
M
ILLICH
DR

EVERETT AVE
APPLE

BLOSSOM LN

WHITWOOD
LN
PAYM
AN
PL
W
HITE
OAKS
RD

COLLEENW
AY

W HAMILTON AVE

PEGGY CT
DELLA
CT

BUCKNAM
CT
HO
LM
ES
AVE

SOBRATO
DR

STONEHURST
W
AY
SAINT

ANTHONYS PL

PAMLAR AVE

UNIONPL

ELWOODDR

HEDEGARD AVE

E SUNNYOAKSAVE
ERIE W
AY

FAIRLANDS AVE
RAILW
AYAVE

THERESA AVE

CAMEO DR

ROSE CT
MAGG
IO
CT
CHALET
WOODS
CIR

STOKESST

AUDREY AVE

VILLARITA DR

CASTRO CT
KIM CT

VIRGINIA CT

GILMAN AVE

E LATIMER AVE
DEL
LOM
A DR

W SUNNYOAKS AVE

HARRISON
AVE
KIM
LO

UISE DR
GINDEN
DR
CAM
DEN
AVE

SPRINGFIELD DR
N 2ND ST

DARRYL DR

SILACCI DR

INSKIP DR

CAMDEN AVE
NPETER
DR
INW
OOD DR

KENNEDY AVE
DEL
PRADO
DR
HYDE
DR
ELW
OOD DR

BUDD CT
GW
EN DR
C

ENTURYDR FLAM
ING
O DR
SALM
AR
AVE

LONGFELLOW
AVE

W LATIMER AVE

SHELLEY AVE

PATIO DR
GAY
AVE

BE TH WAY

ADRIEN DR

BUCKNAM AVE

VIA RANCHERO

SAFFLE CT
NELLO
DR
LAW

NDALE AVE

DUNCANVILLE
CT
DRY
CREEK
RD

ENSENADADR

WALDO RD

DUNSTER DR

KENNETH
ST

KILMER AVE
O

LYMPIAAVE

CHRISTOPHER
AVE

BUDD AVE

HAZELWOOD AVE

LINDA DR
N

CENTRAL
AVE

BISMARCK DR
N
1STST
M

ANCHESTER AVE
NIDO
DR

BENT DR
S
PETER
DR
PEGG
Y AVE

PAGE ST
DOVER
W
AY

PAULA DR

ST PAUL DR
S 4TH ST

E HAMILTON AVE
POPLAR
AVE

ADLER AVE

BARBANO AVE

DALLASDR

SUNNYARBOR CT

CHAPMAN DR

W PARR AVE

TRAILBLAZER PL

MCBAIN AVE
ERIN W
AY
SALM
AR
TER

GRANT ST

MORRIS LN
MORE
AVE
YORK
AVE
S W

INCHESTER BLVD
M

ITCHELL CT
VICTOR
AVE
GRAHAM
DR

FAWN CT

HERBERT LN
DECO
RAH LN
SUPER
IOR
DR

E HAMILTON AVE

VANDELL WAY

HICKORY
CT
SALICE
W
AY

EBBETS DR

REGASDR

FILBERT
W
AY

ABBOTTAVE

ELAM AVE

KEITH DR
W

ELKER CT

PECAN W
AY
DE

CARLI CT
ARNOTT
WAY

HARRISON
AVE

KENNETH
AVE
JO
HN
KIRK
CT

FAIRBANKS
AVE

CONNIE DR

NADINE DR

ALICE AVE

CAMPISIWAY

SALERNO DR

BROWNINGAVE

LORETTA
LN

RIDGELEY DR

OLD ORCHARD RD
W
RENW
AY

LUCOT WAY
CRO
CKETT
AVE
SHARM

ON PALM
S LN

LOST LAKE LN
M
ARG
ARETLN
ROB

N ICK CT

WILTON DR
ABBO
TT
AVE

W HAMILTON AVE

W RINCON AVE
N
M
ILTON
AVE

STEINWAY AVE

BRACEBRIDGECT

HOLLIS AVE

CRONWELL DR

W HAMILTONAVE

WATSON DR
HACK
AVE

LOVELL AVE
MONTE

VILLA CT

WENDELL DR

CROCKETT AVE
COVEN

T RY DR
S
M
ILTON
AVE

TURNER WAY

MUNRO AVE

WA R WICK DR

DENVER DR

WEST VALLEY DR

ABBEY LN

DOT AVE

DIVISION ST
W

ESTON DR

E HACIENDAAVE

PALO SANTO DR

EL SOLYO AVE

ECHO AVE

CHAMBERLIN CT
HUNT W
AY
JANE
ANN
W
AY
S
BASCOM
AV
E

SUMMERFIELD
DR

LOYALTON
DR
LLEW

ELLYNAVE

ROBIN LN

APRICOT AVE
NORM

ANDY DR

KUEHNIS DR

RICHLEE DR
EM

ORY AVE

APRIL W
AY
S
BASCOM
AVE
JE

FFREY AVE

ESTHER AVE
S
BASCOM
AVE

SHADY DALE AVE

EL CAMINITO AVE
LENO
R W
AY

MCBAIN AVE

HARDY AVE
M
O

NICA LN

W ROSEMARY LN

FEWTRELL DR
M
O

NICA LN

CATALPA LN
SAN
TOMAS
EXPY

CAMPBELLTECHNOLOGY
PKW
Y
SAN
TOM
AS
EXPY
SAN
TOM
AS
EXPY
SAN
TOMAS
EXPY
.

September 26, 2023
General Plan 2040 Legend
Residential Uses
Low Density Residential (<4.5 Units/Gr. Acre)
Low Density Residential (<5.5 Units/Gr. Acre)
Low Density Residential (<7.5 Units/Gr. Acre)
Low-Medium Density Residential (8-16 Units/Gr. Acre)
Medium Density Residential (18-25 Units/Gr. Acre)
Medium-High Density Residential (26-33 Units/Gr. Acre)
Mobile Home Park (8-16 Units/Gr. Acre)
Commercial/Office Uses
Neighborhood Commercial
General Commercial
Professional Office
Industrial Uses
Light Industrial
Research Development
Mixed Uses
General Commercial/Light Industrial
Professional Office Mixed-Use (8-16 Units/Gr. Acre)
Neighborhood Commercial Mixed-Use (18-25 Units/Gr. Acre) Medium-High Density Mixed-Use (26-33 Units/Gr. Acre)
Central Business Mixed-Use (26-33 Units/Gr. Acre)
General Commercial Mixed-Use (26-33 Units/Gr. Acre)
High Density Mixed-Use (34-45 Units/Gr. Acre)
Commercial Corridor Mixed-Use (45-60 Units/Gr. Acre)
Transit-Oriented Mixed-Use (57-75 Units/Gr. Acre)
Public/Recreational Uses
Public Facilities
Open Space
Reuse Overlay
Nonresidential Ground Floor Requirement
Tier 1
Tier 2
Option 2
Reuse Sites + Lowest Density
(1039 Low-Income Units / 27 Sites)

13.c
Packet Pg. 175
Attachment: By-Right Housing Overlay Options (Housing Overlay Zoning Districts) Æb
Æb
Æb
Æb
Æb
§¨¦
17 §¨¦
17 VAN D USEN LN
ARC
R
D

S WINCHESTER BLVD

CAPRI DR

CAMBRIAN DR

DELL AVE

EL PATIODR

UNION AVE

SANTOMASEXPY
M
ARILYN
DR

CARLYN AVE

W HACIENDA AVE

PAYNE AVE

LLEWELLYN AVE

CENTRAL PARK DR
S
W

INCHESTER
BLVD

ALMARIDA DR
CR
EE

KSIDE WAY

HAZEL AVE

N MIDWAY ST

LO TTIELN
BEDAL
PARK
CT

CURTNERAVE

BURROWS RD

EMOZARTAVE

UNION AVE

AINSLEY PARK DR

VIRGINIA AVE

E RINCON AVE

CYPRESS LN
S
M
IDW
AY
ST

SUNNYSIDE AVE

E CAMPBELL AVE

GRACE AVE

W CAMPBELL AVE
SONUCA
CT
S
SAN
TOM
AS
AQUINO
RD

PENNY LN

SHARP AVE
SUNBE
RRYDR
P

EACHTREE
CT

W LATIMER AVE

E HAMILTON
AVE

ORCHARD CITY DR

HARRIET
AVE

PHANTOM AVE
N 3RD ST

HARRIET AVE

DILLON AVE

REDDING RD
N
SAN
TOM
AS
AQUINO
RD

SHEFFIELD CT

W RINCON AVE

MONTEMAR WAY

GALE DR

CALADO AVE
S
1STST

UNNAMED
ST
LACORO
NA
C
T

BOISE DR

ROBWAY AVE
SHA
M
ROCKDR

CIVIC CENTER DR

CAMDEN AVE

WESTMONT AVE

E HAMILTON AVE
N
LEIGH
AVE

WALNUT DR

SOBRATO CT

SMITH AVE

E MCGLINCY
LN

EDEN AVE

MARAVILLA
CT

W CAMPBELL AVE

POPE CT

SOBRATO WAY

FRIARWAY

HEDEGARD AVE

BEDAL LN
TIM
BER
COVE
DR
M
ILLICH
DR

EVERETT AVE
APPLE

BLOSSOM LN

WHITWOOD
LN
PAYMAN
PL
W
HITE
OAKS
RD

COLLEENW
AY

W HAMILTON AVE

PEGGY CT
DELLA
CT

BUCKNAM CT
HO
LM
ES
AVE

SOBRATO
DR

STONEHURST
WAY

SAINTANTHONYS PL

PAMLAR AVE

UNIONPL

ELWOODDR

HEDEGARD AVE

E SUNNYOAKSAVE

ERIE WAY

FAIRLANDS AVE
RAILW
AYAVE

THERESA AVE

CAMEO DR

ROSE CT
MAGG
IO
CT
CHALET
WOODS
CIR
STOKES
ST

AUDREY AVE

VILLARITA DR

CASTRO CT
KIM CT

VIRGINIA CT

GILMAN AVE

E LATIMER AVE
DEL

LOMA DR

W SUNNYOAKS AVE

HARRISON
AVE

KIM LOUISE DR
GINDEN
DR
CAM
DEN
AVE

SPRINGFIELD DR
N 2ND ST

DARRYL DR

SILACCI DR

INSKIP DR

CAMDEN AVE
NPETER
DR

INWOOD DR

KENNEDY AVE
DEL
PRADO
DR
HYDE
DR

ELWOOD DR

BUDD CT

GWEN DR
C

ENTURYDR FLAMINGO DR
SALM
AR
AVE

LONGFELLOW
AVE

W LATIMER AVE

SHELLEY AVE

PATIO DR
GAY
AVE

BE TH WAY

ADRIEN DR

BUCKNAM AVE

VIA RANCHERO

SAFFLE CT
NELLO
DR

LAWNDALE AVE

DUNCANVILLE
CT
DRY
CREEK
RD

ENSENADADR

WALDO RD

DUNSTER DR

KENNETH
ST

KILMER AVE
O

LYMPIAAVE

CHRISTOPHER
AVE

BUDD AVE

HAZELWOOD AVE

LINDA DR
N

CENTRAL
AVE

BISMARCK DR
N
1STST

MANCHESTER AVE

NIDO DR

BENT DR
S
PETER
DR

PEGGY AVE

PAGE ST

DOVERWAY

PAULA DR

ST PAUL DR

E HAMILTON AVE
POPLAR
AVE

ADLER AVE

BARBANO AVE

DALLASDR

SUNNYARBOR CT
S 4TH ST

CHAPMAN DR

W PARR AVE

TRAILBLAZER PL

MCBAIN AVE

ERIN WAY
SALM
AR
TER

GRANT ST

MORRIS LN
MORE
AVE
YORK
AVE

S WINCHESTER BLVD

MITCHELL
CT
VICTOR
AVE

GRAHAM DR

FAWN CT

HERBERT LNDECORAH LN
SUPER
IOR
DR

E HAMILTON AVE

VANDELL WAY

HICKORY
CT
SALICE
W
AY

EBBETS DR

REGASDR

FILBERT
WAY

ABBOTTAVE

ELAM AVE

KEITH DR

WELKER CT

PECAN WAY
DE

CARLI CT
ARNOTT
WAY

HARRISON
AVE

KENNETH
AVE

JOHNKIRKCT

FAIRBANKS
AVE

CONNIE DR

NADINE DR

ALICE AVE

CAMPISIWAY

SALERNO DR

BROWNINGAVE

LORETTA
LN

RIDGELEY DR

OLD ORCHARD RD
W
RENW
AY

LUCOT WAY
CRO
CKETT
AVE

SHARMON PALMS LN

LOST LAKE LN
M
ARG
ARETLN
ROB

N ICK CT

WILTON DR
ABBO
TT
AVE

W HAMILTON AVE

W RINCON AVE
N
M
ILTON
AVE

STEINWAY AVE

BRACEBRIDGECT

HOLLIS AVE

CRONWELL DR

W HAMILTONAVE

WATSON DR
HACK
AVE

LOVELL AVE
MONTE

VILLA CT

WENDELL DR

CROCKETT AVE
COVEN

T RY DR
S
M
ILTON
AVE

TURNER WAY

MUNRO AVE

WA R WICK DR

DENVER DR

WEST VALLEY DR

ABBEY LN

DOT AVE

DIVISION ST

WESTON DR

E HACIENDAAVE

PALO SANTO DR

EL SOLYO AVE

ECHO AVE

CHAMBERLIN CT

HUNT WAY
JANE
ANN
W
AY
S
BASCOM
AV
E

SUMMERFIELD
DR

LOYALTON
DR
LLEW

ELLYNAVE

ROBIN LN

APRICOT AVE

NORMANDY DR

KUEHNIS DRRICHLEE DR

EMORY AVE

APRIL WAY
S
BASCOM
AVE
JE

FFREY AVE

ESTHER AVE
S
BASCOM
AVE

SHADY DALE AVE

EL CAMINITO AVE

LENOR WAY

MCBAIN AVE

HARDY AVE

MONICA LN

W ROSEMARY LN

FEWTRELL DR

MONICA LN

CATALPA LN
SAN
TOMAS
EXPY

CAMPBELLTECHNOLOGY
PKW
Y
SAN
TOM
AS
EXPY
SAN
TOM
AS
EXPY
SAN
TOMAS
EXPY
.

August 4, 2023
General Plan 2040 Legend
Residential Uses
Low Density Residential (<4.5 Units/Gr. Acre)
Low Density Residential (<5.5 Units/Gr. Acre)
Low Density Residential (<7.5 Units/Gr. Acre)
Low-Medium Density Residential (8-16 Units/Gr. Acre)
Medium Density Residential (18-25 Units/Gr. Acre)
Medium-High Density Residential (26-33 Units/Gr. Acre)
Mobile Home Park (8-16 Units/Gr. Acre)
Commercial/Office Uses
Neighborhood Commercial
General Commercial
Professional Office
Industrial Uses
Light Industrial
Research Development
Mixed Uses
General Commercial/Light Industrial
Professional Office Mixed-Use (8-16 Units/Gr. Acre)
Neighborhood Commercial Mixed-Use (18-25 Units/Gr. Acre) Medium-High Density Mixed-Use (26-33 Units/Gr. Acre)
Central Business Mixed-Use (26-33 Units/Gr. Acre)
General Commercial Mixed-Use (26-33 Units/Gr. Acre)
High Density Mixed-Use (34-45 Units/Gr. Acre)
Commercial Corridor Mixed-Use (45-60 Units/Gr. Acre)
Transit-Oriented Mixed-Use (57-75 Units/Gr. Acre)
Public/Recreational Uses
Public Facilities
Open Space
Reuse Overlay
Nonresidential Ground Floor Requirement
Tier 1
Tier 2
Option 3
Reuse Sites + Lowest Impact to Nonresidential Req
(1029 Low-Income Units / 17 Sites)

13.c
Packet Pg. 176
Attachment: By-Right Housing Overlay Options (Housing Overlay Zoning Districts) Title 21 - ZONING
Chapter 21.14 OVERLAY/COMBINING DISTRICTS