Campbell City Council
November 7, 2023

EXHIBIT A: SCOPE OF WORK
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or s
he has full legal authority to bind the entity for which he or she signs.

4. DATA CO

LLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal.

5. REP

ORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Quarterly Progress Report Periods Due no later than:

1. October 1, 2023 to December 31, 2023 February 15, 2024

2. January 1, 2024 to March 31, 2024 May 15, 2024

3. April 1, 2024 to June 30, 2024 August 15, 2024

4. July 1, 2024 to September 30, 2024 November 15, 2024

5. October 1, 2024 to December 31, 2024 February 15, 2025

6. January 1, 2025 to March 31, 2025 May 15, 2025

7. April 1, 2025 to June 30, 2025 August 15, 2025

8. July 1, 2025 to September 30, 2025 November 15, 2025

9. October 1, 2025 to December 31, 2025 February 15, 2026

10. January 1, 2026 to March 31, 2026 May 15, 2026

11. April 1, 2026 to June 30, 2026 August 15, 2026

12. July 1, 2026 to September 30, 2026 November 15, 2026

13. October 1, 2026 to December 31, 2026 February 15, 2027 B. Eval
uation Documents Due no later than:

1. Local Evaluation Plan April 1, 2024

2. Final Local Evaluation Report June 1, 2027
C. Ot
her Due no later than:

Financial Audit Report June 1, 2027
Gr
antees that are unable to demonstrate that they are making sufficient progress toward project goals and objectives and show that funds are being spent in accordance with the Grant Agreement could be subject to a withholding of funds.

6. PRO

JECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Campbell PD
BSCC 1145-23

EXHIBIT A: SCOPE OF WORK
B. The Grantee shall establish separate accounting records and maintain documents and ot
her evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project. Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports.

C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time.

Time and effort reports are also required for all subcontractors and consultants.

D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.

E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.

F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.

7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the Organized Retail Theft Grant Program Scoring Panel from receiving funds awarded under the Organized Retail Theft Grant Program RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Organized Retail Theft Grant Program Scoring Panel roster (Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Organized Retail Theft Grant Program Scoring Panel.

B. In cases of an actual conflict of interest with a Scoring Panel member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Campbell PD
BSCC 1145-23

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENT
A. T
he Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Quarterly Invoicing Periods: Due no later than:

1. October 1, 2023 to December 31, 2023 February 15, 2024

2. January 1, 2024 to March 31, 2024 May 15, 2024

3. April 1, 2024 to June 30, 2024 August 15, 2024

4. July 1, 2024 to September 30, 2024 November 15, 2024

5. October 1, 2024 to December 31, 2024 February 15, 2025

6. January 1, 2025 to March 31, 2025 May 15, 2025

7. April 1, 2025 to June 30, 2025 August 15, 2025

8. July 1, 2025 to September 30, 2025 November 15, 2025

9. October 1, 2025 to December 31, 2025 February 15, 2026

10. January 1, 2026 to March 31, 2026 May 15, 2026

11. April 1, 2026 to June 30, 2026 August 15, 2026

12. July 1, 2026 to September 30, 2026 November 15, 2026

13. October 1, 2026 to December 31, 2026 February 15, 2027 Final
Invoicing Periods*: Due no later than:

14. January 1, 2027 to March 31, 2027 May 15, 2027

15. April 1, 2027 to June 1, 2027 August 15, 2027
*Note: Project activity period ends December 31 , 2026 . The period of January 1, 2027, to June 1, 2027, is for completion of Final Local Evaluation Report and financial audit only.

B. All project expenses must be incurred by the end of the project activity period, December 31, 2026, and included on the final invoice due February 15, 2027. Project expenditures incurred after December 31, 2026 will not be reimbursed.

C. The Final Local Evaluation Report is due to BSCC by June 1, 2027. Expenditures incurred for the completion of the Final Local Evaluation Report during the period of January 1, 2027, to June 1, 2027, must be submitted during the Final Invoicing Periods, with the final invoice due on August 15, 2027. Supporting fiscal documentation will be required for all expenditures claimed on during the Final Invoicing Periods and must be submitted with the final invoice.

D. The Financial Audit Report is due to BSCC by June 1, 2027. Expenditures incurred for the completion of the financial audit during the period of January 1, 2027, to June 1, 2027, must be submitted during the Final Invoicing Periods, with the final invoice due on August 15, 2027. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.

E. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.

F. Upon the BSCC’s request, supporting documentation must be submitted for project expenditures. Grantees are required to maintain supporting documentation for all

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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
expenditures on the project site for the life of the grant and make it readily available for rev
iew during BSCC site visits. See Exhibit A. Scope of Work, Item 6. Project Records.

2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award.

Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.

B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement. In no event shall changes be authorized for the Administrative Salaries and Benefits line item that would result in that item exceeding ten percent (10%) of the grant award.

3. BUDGE

T CONTINGENCY CLAUSE
A. This grant agreement is valid through Organized Retail Theft funding generated from the General Fund. The Grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding granted through the passage of Senate Bill 154 (Chapter 43, Statutes of 2022), also known as the California Budget Act of 2022 . It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement.

B. If Organized Retail Theft funding is reduced or falls below estimates contained within the Organized Retail Theft Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.

C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.

4. PRO

JECT COSTS
A. The Grantee agrees to comply with the BSCC Grant Administration Guide requirements as posted on the BSCC website (currently the BSCC Grant Administration Guide July 2020) including any updated version that may be posted during term of the grant

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Campbell PD
BSCC 1145-23

EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
agreement. BSCC will notify grantees whenever an updated version is posted. Th e BSCC Grant Administration Guide is available at:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.

C. Grantee is responsible for ensuring that statements of expenditures submitted to the BSCC claim actual expenditures for eligible project costs.

D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement.

E. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose.

Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.

5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.

B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.

D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.

7. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS

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EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N -6-22 (the E O) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

8. PROJECT BUDGET
BSCC Budget Line Item A.

Grant Funds

1. Salaries and Benefits $0

2. Services and Supplies $300,000

3. Professional Services or Public Agency Subcontracts $0

4. Non-Governmental Organization (NGO) Subcontracts $0

5. Data Collection and Evaluation $5,500

6. Equipment/Fixed Assets $95,062

7. Financial Audit (Up to $25,000) $0

8. Other (Travel, Training, etc.) $0

9. Indirect Costs $0
TOTALS $400,562

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Campbell PD
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. This obligation shall survive any termination of this agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Campbell PD
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post -consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractor s shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 ( https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language) are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act ( 15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid.

Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action aros e and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)

A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Gov. Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Campbell PD
BSCC 1145-23

EXHIBIT D: SPECIAL TERMS AND CONDITIONS

1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC is solely for the purpose of proper administration of grant funds, and shall not be deemed to relieve or restrict the Grantee’s responsibility.

B. Grantee is responsible for the performance of all project activities identified in Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal.

C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.

2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.

B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Organized Retail Theft Grant Program Request for Proposals (incorporated by reference) and Attachment 2: Organized Retail Theft Grant Program Grant Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.

C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.

3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.

B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

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EXHIBIT D: SPECIAL TERMS AND CONDITIONS

C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the ARG Rehabilitation of Existing Property or Building Project RFP and described in Appendix B.

D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.

E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement, and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.

4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant of the project.

5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Campbell PD
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EXHIBIT D: SPECIAL TERMS AND CONDITIONS

B. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.

6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consi der a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Appendix E of the original Proposal Package).

7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in the Attachment 1: Organized Retail Theft Grant Program Request for Proposals and Attachment 2: Organized Retail Theft Grant Program Grant Proposal. Changes shall not be implemented by the project until authorized by the BSCC.

8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Campbell PD
BSCC 1145-23

EXHIBIT D: SPECIAL TERMS AND CONDITIONS

material and substantial breach of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: Organized Retail Theft Grant Program Request for Proposals and Attachment 2: Organized Retail Theft Grant Program Grant Proposal, or approved modifications;
3) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement.

B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in ac cordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 9.

Settlement of Disputes.

9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division D eputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30- day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.

B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement.

Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Campbell PD
BSCC 1145-23

EXHIBIT D: SPECIAL TERMS AND CONDITIONS

C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.

10. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to the following:

A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing.

B. Grantee will not, for any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.

C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request.

11. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant BSCC Powered by Submittable
Title Campbell Police Department
by Joanna Ho in Organized Retail Theft
Prevention Grant Program
[email protected]
07/07/2023
id. 41328862
Original Submission 07/07/2023
The Organized Retail Theft (ORT) Prevention Grant Program Application is divided into five (5) sections as identified below:

Background Information Contact Information Program Information Proposal Narrative and Budget Mandatory Attachments Each section has a series of questions requiring a response. Applicants will be prompted to provide written text, select options from a drop down menu, select options from a multiple choice menu, or upload attachments. Questions with a red asterisk require responses.

Applicants will not be able to submit the application until all questions with a red asterisk have been completed. Applicants may reference the ORT Prevention Grant Program Proposal Instruction Packet for background information, key dates, rating factors, and other important information to aid in the completion of the ORT Prevention Grant Program Application. The ORT Prevention Grant Proposal Instruction Packet is available on the Board of State and Community Corrections (BSCC) website. NOTE: Applicants may start and stop their application but must select "Save Draft" at the bottom of the application before existing.

SECTION I -

BACKGROUND

INFORMATION
This section requests information about the applicant’s name, location, mailing address, and tax identification number.

Name of Applicant
(i.e., Police
Department, Sheriff’s
Department, or
Probation
Department)
Campbell Police Department
Multi-Agency
Partnerships
Information (if
applicable)
Applicants may apply for funding as part of a multi-agency partnership (two [2] or more agencies). The agencies and jurisdictions comprising the collaborative application are not required to be contiguous. One (1) Lead Public Agency must be identified on behalf of the partnership.

Multi-Agency
Partnerships
No: This is not a Multi-Agency Partnership Application

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds) Lead Public Agency
Information
All applicants are required to designate a Lead Public Agency (LPA) to serve as the coordinator for all grant activities. The LPA is a governmental agency with local authority within the applicant's city or county. The applicant may choose to fill the role of LPA itself or it may designate a department, agency, or office under its jurisdiction to serve as the LPA. The role of the LPA is to coordinate with other local government agency partners and non-governmental
organizations to ensure successful implementation of the grant program. The LPA is responsible for data collection and management, invoices, meeting coordination (virtual and/or in- person), and will serve as the primary point of contact with the BSCC.

Lead Public Agency Campbell Police Department
Applicant's Physical
Address
70 N 1st St
Campbell
CA
95008
US
Applicant's Mailing
Address (if different
than the physical
address)
n/a
Mailing Address for
Payment
70 N 1st St
Campbell
CA
95008
US
Tax Identification
Number
94-6003997

SECTION II -

CONTACT

INFORMATION
This section requests contact information for the individuals identified as the Project Director, Financial Officer, Day-to-Day Project Contact, Day-to-Day Fiscal Contact, and the Authorized Signature.

Project Director Ian
White
Project Director's
Title with
Agency/Department/Organization
Field Service Division Captain
Project Director's
Physical Address
70 N 1st St
Campbell
CA
95008
US
Project Director's
Email Address
[email protected]

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds) Project Director's
Phone Number
+14088662702
Financial Officer Will
Fuentes
Financial Officer's
Title with
Agency/Department/Organization
Finance Director
Financial Officer's
Physical Address
70 N 1st St
Campbell
CA
95008
US
Financial Officer's
Email Address
[email protected]
Financial Officer's
Phone Number
+14088662113
Day-To-Day Program
Contact
Joanna
Ho
Day-To-Day Program
Contact's Title
Records Specialist / Grant Writer
Day-To-Day Program
Contact's Physical
Address
70 N 1st St
Campbell
CA
95008
US
Day-To-Day Program
Contact's Email
Address
[email protected]
Day-To-Day Program
Contact's Phone
Number
+14088662721
Day-To-Day Fiscal
Contact
Will
Fuentes
Day-To-Day Fiscal
Contact's Title
Finance Director
Day-To-Day Fiscal
Contact's Physical
Address
70 N 1st St
Campbell
CA
95008
US

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds) Day-To-Day Fiscal
Contact's Email
Address
[email protected]
Day-To-Day Fiscal
Contact's Phone
Number
+14088662113
Name of Authorized
Officer
Gary
Berg
Authorized Officer's
Title
Chief of Police
Authorized Officer's
Physical Address
70 N 1st St
Campbell
CA
95008
US
Authorized Officer's
Email Address
[email protected]
Authorized Officer's
Phone Number
+14088662171
Authorized Officer
Assurances
checked

SECTION III -

PROGRAM

INFORAMTION
This section requests a Project Title, Proposal Summary description, Program Purpose Area(s) selection, and Scope Funding Category selection.

Project Title Leveraging Innovative Technologies to Address Organized Retail Theft
Proposal Summary The Campbell Police Department is proposing the use of innovative technologies to address the issues of organized retail theft and auto theft. This project expands existing Drone as First Responder and Automated License Plate Reader Programs and adds cloud-based real-time information software and personnel. The addition of a crime analyst will allow for enhanced partnerships and data sharing. A non- profit partnership will allow for front-end referrals to resources intended on breaking the cycle of criminality. This project is innovative and focuses on enhanced stakeholder partnerships and hopes to address the problem.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds)

PROGRAM

PURPOSE AREAS
Applicants must propose activities, strategies, or programs that address the Program Purpose Areas (PPAs) as defined on pages 5 - 8 in the ORT Prevention Grant Proposal Instruction Packet. A minimum of one (1) PPA must be selected; applicants are not required to address all three (3) PPAs. All proposed activities, strategies, or programs must have a link to the ORT Prevention Grant Program as described in the authorizing legislation and the ORT Prevention Grant Proposal Instruction Packet.

Program Purpose
Areas (PPAs):

PPA 1: Organized Retail Theft
PPA 2: Motor Vehicle or Motor Vehicle Accessory Theft
Funding Category
Information
Applicants may apply for funding in a Medium Scope OR Large Scope Category. The maximum an applicant may apply for is up to $6,125,000 in the Medium Scope category OR up to $15,650,000 in the Large Scope category. Applicants may apply for any dollar amount up to and including the maximum grant amount identified in each category. Multi-agency partnerships (determined as Medium Scope OR Large Scope) may apply for up to the maximum grant award in that category, multiplied by the number of partnering eligible applicants. For Example: Four (4) eligible applicants in the Medium Scope category may submit one (1) application for up to $24,500,000 o $6,125,000 (Medium Scope Max) x 4 (# of Agencies) = $24,500,000 Two (2) eligible applicants in the Large Scope category may submit one (1) application for up to $31,300,000 o $15,650,000 (Large Scope Max x 2 (# of Agencies) = $31,300,000 Please reference pages 10-12 in the ORT Prevention Grant Proposal Instruction Packet for additional information.

Funding Category Medium Scope (Up to $6,125,000)

SECTION IV -

PROPOSAL

NARRATIVE AND
BUDGET
This section requests responses to the Rating Factors identified in the the ORT Prevention Grant Program Application Instruction Packet.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds) Proposal Narrative
Instructions
The Proposal Narrative must address the Project Need, Project Description, Project Organizational Capacity and Coordination, and Project Evaluation and Monitoring Rating Factors as described in the ORT Prevention Grant Instruction Packet (refer to pages 20-24). A separate narrative response is required for each Rating Factor as described below: The Project Need narrative may not may not exceed 6,711 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately three (3) pages in Arial 12-point font with one-inch margins on all four (4) sides and at

1.5-line spacing. The Project Description narrative may not may not exceed 11,185 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately five (5) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Organizational Capacity and Coordination narrative may not may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Evaluation and Monitoring narrative may not may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. A character counter is automatically enabled that shows the number of characters used and the remaining number of characters before the limit for each response is met. If the character limit is exceeded, a red prompt will appear with the message "You have exceeded the character limit". Applicants will be prohibited from submitting the ORT Prevention Grant Program Application until they comply with the character limit requirements. NOTE: It is up to the applicant to determine how to use the total word limit in addressing each section, however as a guide, the percent of total point value for each section is provided in the ORT Prevention Grant Proposal Instruction Packet (refer to page 15).

Project Need The City of Campbell is located in Santa Clara County with a population of around 44,000 residents with a mix of retail, technology and industrial businesses. The department has the highest crime rate per capita in the county. Campbell Police Officers write the most reports and make the most arrests per officer in the county. This statistical data is provided by the Santa Clara County District Attorney’s Office annual countywide crime report for 2022, and the department typically holds the top spots year to year. With the overall goal of creating a safer community for its residents, the department seeks funding to combat increasing criminality. Retail and auto theft are often crimes that offenders may commit more than once, and thus addressing the issue comprehensively by providing resources for underlying societal needs can help create a safer community.

Utilizing innovative technology can help augment limited staffing and also increase prosecutorial success, which can also help create a safer community.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds) Internal department statistics reveal that auto thefts have increased by 34% since 2018 and the total value of all vehicles stolen in Campbell is approximately $6 million. Since 2019 recoveries of stolen vehicles, located by Campbell officers, have increased by more than 56%. In September 2022, the department went live with 18 fixed ALPR cameras, only covering a small portion of the city. There have been 3,371 “hits” on stolen vehicles operating within the city on those cameras in the last 9 months.

In March 2023, a drive-by shooting resulted in the death of the vehicle’s occupant in Campbell. The suspect vehicle was stolen and driven by our fixed ALPR cameras. This evidence led to the recovery of the stolen vehicle and eventually the identification of involved parties who were all in their late teens to early twenties and involved in gangs.

Initial conversations with retail partners revealed that a majority of retail theft goes unreported. Home Depot and Ulta Beauty are just two major retailers dealing with instances of organized retail theft. Home Depot confirmed that their operational loss for 2022 was over $3 million with at least 60% associated with retail theft. They stated that they had over $300,000 worth of missing batteries associated with retail theft. The retailer attributes this drastic number to organized retail theft. To put this in perspective the police department only received 12 reports related to theft from Home Depot with a total reported loss of $3,867.

Ulta Beauty opened in September 2022 and immediately began to experience incidents of organized retail theft. Multiple groups of several suspects would enter the store and take large amounts of makeup products and flee. The problem became so frequent that the police department parked a marked vehicle in front of the business every day during business hours. Even this measure failed to stop these groups as the conduct continued even with the visual deterrent. In their letter of support, Ulta states, “Shrink has continued to increase year over year, trending 3X higher in ORC type events in 2023 vs 2022. More concerning is the increase in violence with the theft incidents that are occurring in-store, creating an unsafe environment for our ULTA associates and other guests.” The police department has 23 reports related to theft from Ulta totaling over $56,000 in merchandise.

One of our most troubling incidents occurred in January 2023 with the armed robbery of San Jose Camera. Five armed suspects entered the store and held the staff at gunpoint. They fled after taking about $60,000 worth of merchandise. One of the owners pursued and the suspects shot him several times. The suspects were quickly located in Alameda County and were associated with robberies of several camera equipment stores throughout the Bay Area. All of the suspects were determined to be gang-related and were in their early twenties. The store has been the victim of organized retail theft on six other occasions with a total loss of over $78,000 since 2018.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds) The crimes of organized retail theft and auto theft both tend to have a similar offender make-up. It is frequently young and gang involved offenders. According to Ashton and Bussu (2020), “The impact of early childhood experiences, parental violence and drugs, behavioral disorders, and social deprivation are wildly acknowledged as contributing risk factors for gang membership. Gang membership is also associated with negative psychological traits, lack of impulse control and higher levels of psychopathy.” Offenders are either cited in the field or released quickly from custody when charged with any type of property crime. These individuals often end up back in the same environment lacking the resources to remove themselves from the cycle of criminality
As demonstrated in numerous letters of commitment, organized retail theft is a concern amongst the majority of our retailers. One response would be to increase officer presence. According to Rosalsky (2021) adding more police, also reduces other serious crimes, like robbery, rape, and aggravated assault. However according to Klemko (2023), police departments across the country are struggling to fill their ranks, creating what many current and former officials say is a staffing emergency that threatens public safety. The department is no stranger to this issue and is currently about 25% below the allotted sworn staffing levels. While the department continues to focus on retention and hiring, there has also been a renewed focus and recognition of the importance of technology improving officer efficiency, directing officers to where crimes are occurring and automatic perseveration of evidence.

The goal of diversion is to both relieve the pressure on the justice system and to provide more targeted responses for offenders (Gold & Lang, 2012). Community stakeholders prioritizing a solution to criminal activity may look to alternatives than simply arresting individuals. Our project aligns with the newly proposed AB 1708 which seeks to address shortcomings of Prop 47, criticized for reducing penalties for property crimes and creating a revolving door for criminality and leniency (Powell, 2023; Schilke, 2023). AB 1708 seeks to curb lenient penalties for repeat property theft offenders and also redirect petty theft offenders, when appropriate, to a diversion program for substance abuse and mental health treatment.

The studies conclude that policymakers and practitioners should work together to counteract increases in property crimes and improve reentry outcomes, which aligns with our project’s goals.

Project Description The Campbell Police Department has been an early adopter of innovative technologies to address increasing crime rates, improve officer efficiency, and provide higher levels of service to the community. Technologies such as in-car license plate readers, fixed license plate readers, a robust drone program, and an emerging drone as first responder program (DFR), have allowed us to evaluate the effectiveness of these technologies and train our staff in their appropriate uses. These efforts have improved our efficiency, enforcement, and investigative capabilities. Our experience in these areas leads us to believe that expanding these technologies with a

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds) specific focus on organized retail theft and auto theft will lead to positive outcomes.

Our project seeks to establish a Real Time Information Center (RTIC) that would operate during retail business hours seven days a week.

Current cloud-based technologies, like Fusus and Flock Safety, allow for the quick implementation of an RTIC at a smaller scale. This technology allows for integrations with existing intersection cameras, license plate readers, officer body cameras, drones, patrol vehicle cameras, private and public cameras, and surveillance systems. It requires minimal on-site IT support and hardware and can be logged into from any department computer. The unique aspect of both of these programs is that it allows the department to establish tangible data-sharing relationships with retailers if they choose to share real- time access to their surveillance systems.

These platforms integrate with the department’s current dispatch software, directing the RTIC operator on digital evidence collection resources near a call for service. This gives the operator the ability to quickly collect information in real-time while updating officers as they respond to the scene. The automation built into this software allows for the establishment of an RTIC with fewer staff resources.

The primary goal of the RTIC operator will be to use these digital resources to assist in getting officers to the right location with accurate descriptions of the parties involved as quickly as possible.

The secondary goal will be to preserve digital evidence for investigative and prosecutorial purposes. RTICs have a proven track record of success as demonstrated in Chicago, “The analysts identified crime hot spots, viewed cameras regularly and detected crimes in progress, and monitored traffic to allow units to arrive on scene much faster than previously possible. Crime reductions varied depending on the districts, with District 7 achieving the highest reduction of crime at 40% for homicides and shootings, identifying the collaboration with the community as the distinctive feature (Hollywood et al., 2019).”
The RTIC software will be acquired through a contract for the duration of the grant funding. The department believes that data collected during the grant period will justify the continued funding of this resource with City general funds or other grant opportunities.

The RTIC will rely on data feeds from various sources. One of these would be fixed ALPR cameras. The department is currently leasing fixed ALPR cameras through a two-year contract with Flock Safety.

The City Council authorized $50,000 per year for the contract, which will run through September 2024. The original camera outlay was designed to capture two of the primary ingress and egress roadways in Campbell to collect data to solve crimes after the fact. Even though the original camera outlay was not specifically designed to locate and apprehend offenders in stolen vehicles, arrests for auto theft have gone up by over 55% since deployment. As part of this project, we would add to our existing fixed ALPR camera outlay to

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds) specifically focus on tracking stolen vehicles throughout the city to improve apprehension and recovery rates. The expanded outlay would also provide coverage for our retail shopping centers to identify vehicles involved in organized retail theft. The department intends to continue to fund the current ALPR outlay with City funds through the grant period and would only use grant funds to enhance our current ALPR assets.

Another source of data will be the addition of live feed panorama cameras strategically placed in the area of shopping centers and major retailers which will allow RTIC operators to manipulate and change view angles at these locations. This, in conjunction with DFR, will provide responding officers with crucial information that will improve our response and increase our apprehension rates.

The expansion of our existing DFR Program will allow teleoperators to fly drones to areas throughout the city quickly, improving response times to organized retail theft calls and assisting in tracking stolen vehicles, reducing the need for high-speed pursuits and improving officers’ ability to triangulate and apprehend offenders. Chula Vista Police Department has operated a DFR program for several years now and has data showing that DFR response reduces on-scene time to under two minutes on average and in 2018 was used to assist in the arrest of over 2000 offenders. The addition of fixed drone sights throughout the city and visual observation technology will allow teleoperators to quickly respond to organized retail theft crimes and incidents of auto theft. This additional ability to provide real-time information and quickly arrive at the scenes of calls has proven to assist officers in locating offenders while also de-escalating and safely resolving calls for both officers and offenders. Our current DFR program uses a single drone and operates on a part-time basis utilizing full-time staff as a collateral assignment. This proposal adds fixed drone in box locations, LTE flight technology, contracted visual observers, and detect and avoid technologies. None of this will replace existing software or hardware currently used for the program and would be an addition. All current licensing and software are on a ten-year contract with Axon that will run through the grant period. If successful, our intent would be to propose continuing to fund the DFR program through general city funds.

The department plans to operate the RTIC and DFR program seven days a week, for a ten-hour period, during retail hours. This will require four full-time RTIC positions to staff both positions throughout the week.

The additions of these technologies and staff resources will allow our officers to focus on where the organized retail theft or auto theft is occurring, respond quickly, and safely resolve the incident. The additional data collection will also assist in investigations and the successful prosecution of offenders. The technologies proposed are driven by calls for service or hits on information about a vehicle already wanted or related to a crime and are inherently unbiased and objective. Furthermore, the increased accuracy in directing officers to offenders reduces the chances of misidentification and stopping

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds) uninvolved parties. The department has presented both the DFR and ALPR camera programs at council meetings and community
meetings allowing for community and stakeholder feedback.

The department provides staff training on procedural justice which covers bias every two years. The department has policies and procedures regulating the use of drones and surveillance equipment to ensure that it is not used to target specific persons or groups based on a protected status. The department adheres to FAA altitude regulations for drones and shall not intentionally record where a person has a reasonable expectation of privacy. The department is committed to providing services to the community with due regard for racial, cultural, and other differences, enforcing the law equally and fairly, without discrimination. Further details on department policies have been attached.

One of the central elements of our project proposal is the addition of a crime analyst. The crime analyst will be responsible for initial data collection and, in conjunction with our property crimes detective, establishing ongoing partnerships and data-sharing agreements with our retail community. The crime analyst will identify and work with counterparts throughout the region to help identify organized retail theft groups affecting our jurisdiction and provide this information in detailed reports to investigators. The crime analyst will establish a working partnership with the DA's Office personnel responsible for investigating and prosecuting organized retail theft and auto theft.

The crime analyst will also be responsible for tracking cases as they make their way through the court system.

The crime analyst and existing property crimes detective will coordinate with retailers to provide training on reporting incidents of suspected retail theft and techniques to prevent retail theft. Training and marketing materials will be provided to retailers to provide to their staff and display on their premises. We will also be asking retailers to participate in quarterly meetings with our crime analyst, property crimes detective, and a representative from the DA’s Office, to discuss the overall effectiveness of the project, share data related to retail theft loss, and receive updates from the DA’s Office and Police Department of trends from the last quarter. The Santa Clara County District Attorney’s Office has agreed to work with our crime analyst to provide updates on pending cases and assist with interagency networking on multijurisdictional cases.

The police department also recognizes that increased enforcement and arrests have a preventative effect but do not address some of the social causes behind why offenders engage in these activities.

Our project proposes a holistic approach that uses technology in an innovative way to directly deal with the crime but also commits our police department to partnerships with non-governmental and governmental agencies so that offenders are offered resources and opportunities to address some of the root causes of the behavior to end the cycle of criminality.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds) For the purposes of this project, a non-profit Open Doors to Future Possibilities has committed to take referrals of offenders from our department. This organization has committed to providing counseling, education, and job training. Our goal would be to provide individuals involved in either organized retail theft or auto theft with access to this resource on a voluntary basis at the time of citation or arrest. Officers investigating these cases in the field will have informational cards, detailing the organization's resources, and seek consent to release the offender's contact information to the non- profit for follow-up.

The primary goals for this project are the following: improve the rates of reporting organized retail theft through continual training and educational resources; decrease the response time of police resources to both auto theft and organized retail theft; increase arrest and prosecution rates; decrease the incidents of auto theft and retail theft; and provide offenders with alternatives to incarceration in the hopes of reducing recidivism.

Project
Organizational
Capacity and
Coordination
As was stated in our intent to apply, the Campbell Police Department is uniquely positioned to quickly implement many of the project’s proposals and move quickly into the service delivery phase. We are proposing the expansion of technologies that we have currently implemented, we already possess the necessary certifications, and our staff is currently trained and familiarized. The new technologies we are proposing to implement are cloud-based requiring less onsite equipment and support.

The police department is currently in a contract with Flock Safety for the lease of ALPR cameras and access to the ALPR software.

Attached to the budget, you will find a quote from Flock Safety for the proposed expansion of ALPR within the City and the addition of fixed surveillance cameras. Based on our prior experience implementing the existing contract, this part of the project would be ready for service delivery by the end of 2023.

The department currently operates a Drone as First Responder Program utilizing existing staff on overtime as a collateral assignment and on a part-time basis. The police department has a Drone program manager on staff that coordinates training, licensing, and certifications for the department. The department has a beyond visual line of sight waiver from the Federal Aviation Administration (FAA) for DFR operations and is one of only a handful of agencies throughout the country currently operating a DFR program. Our staff has experience training others in DFR operations and obtaining their FAA part 107 commercial drone license. We have already received quotes for the necessary additional equipment and software licenses to expand to a full-time DFR operation. If funded, we would plan to move immediately to procurement of equipment.

The department has a dedicated teleoperations center established for the current DFR program and will house the RTIC. The department has researched and received quotes for two cloud-based RTIC

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds) options and intends on moving immediately to procurement if awarded. Additional computers, monitors, and radios would be needed to accommodate the RTIC. From an equipment, software, and integrations standpoint, the RTIC and DFR programs could be ready for full-time operations by the end of 2023. RTIC training would be managed by our existing dispatch supervisor and drone program manager. RTIC staff would be managed by our existing Dispatch Manager.

The police department has job descriptions and compensation rates prepared for the proposed Real Time Information Center and Crime Analyst positions. Once we received notification of the grant award, we would move forward with the process of creating those positions within the city and preparing them for recruitment. Ideally, we would have both recruitments open in October 2023, with the interview and selection process taking place in November 2023. The crime analyst would be prioritized, and we would anticipate filling the position and starting service delivery in January 2024.

The hiring, backgrounding, and training of new RTIC staff will take some time and will be completed by our Admin Sergeant, DFR team, and Dispatch trainers. During the hiring process, the department would plan to continue to utilize existing staff on overtime to operate the RTIC and DRF programs on a part-time basis. Full-time staffing and service delivery would be accomplished by April 2024.

Our community engagement and social media coordinator will manage the proposal's social media marketing and all associated contracts. All web-based advertising and educational materials would be ready for project delivery beginning January 2024.

As demonstrated in the letters of commitment, both the non-profit organization and District Attorney’s office have agreed to support our proposal. The non-profit seeks to provide resources to offenders, providing counseling, job training, and education. The DA's office seeks to increase prosecution of these thefts. The combined efforts of both agencies seek to reduce organized retail and auto theft. The crime analyst will manage partnerships with other agencies and begin on the same timeline. The crime analyst will be managed by our existing detective supervisor.

The FSD Captain will be responsible for the oversight and management of the hiring, supervision, and procurement processes throughout the grant period. If successful, the department expects to fund the project with general funds upon expiration of the grant.

Project Evaluation
and Monitoring
The department plans to use a variety of methods to monitor and evaluate the effectiveness of the project. The preliminary monitoring of the start-up phase of the project will be conducted by the Field Services Division Captain and the department’s grant writer. They will monitor the procurement, recruitment, and hiring processes.

The implementation phase will separate areas of monitoring

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds) responsibility that will be assigned to existing staff and the crime analyst. The overall progress will continue to be monitored by the FSD Captain and grant writer, who will report on results from this phase. The expansion of the DFR program will be monitored by the existing department drone team coordinator. Setting up the real-time information center including implementation of software, hardware, and integrations will be monitored by the department’s dispatch supervisor. Contracting the social media public service announcement campaign, digital design, and creation of training materials and flyers will be monitored by the department’s existing communication and public engagement coordinator. Expansion of the existing ALPR system, the addition of surveillance cameras, and the integration of existing intersection cameras will be monitored by the sergeant assigned to manage the ALPR program currently.

The analyst will monitor agreements and partnerships with outside entities. We will be seeking to partner with a local university’s Justice Studies program to participate in the ongoing monitoring, quarterly reporting, local evaluation plan, and the local evaluation report.

Ongoing monitoring of the project will be shared by both.

The analyst will be tasked with meeting with retailers throughout the city and evaluating police records to obtain initial data points which will be used throughout the project to determine effectiveness. As demonstrated in many of the letters of agreement from local retailers, we anticipate that many of the retail businesses within Campbell will enter into a data-sharing agreement related to this project.

Information from retailers will include overall yearly operational loss, the estimated percentage of loss related to retail theft, and the number of reported incidents of theft from each business.

What we have learned through the initial conversations with retail partners is that a majority of retail theft goes unreported and when they are reported incidents of organized retail theft are not always charged or accounted for appropriately. The analyst will generate a report regarding the average reporting rate for retail businesses throughout the city. This percentage of reported versus non-reported will be determined with a primary goal of increasing the percentage of organized retail theft reporting from all retailers. The analyst will also report on the percentage of reported incidents that led to the arrest or identification of suspects pre-project implementation with a project goal of increasing the number of cases that lead to arrest. The response times to these calls will have an impact on the solve rates.

The analyst will develop a baseline response time to calls for service involving organized retail theft with a project goal of significantly reducing response times.

When evaluating this project and its effectiveness related to auto theft, we will use arrest and recovery data prior to project implementation and post-implementation to determine if rates of arrest and recovery are increasing. We will also evaluate the total number of auto thefts reported in the city to see if there is a reduction in this number during the service delivery phase.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds) The effectiveness of both the marketing and enforcement campaigns will be evaluated based on the effect it has on the total number of incidents of organized retail theft and auto theft during the project.

We will also monitor total operational loss associated with organized retail theft throughout the project to determine if the project's efforts are reducing this.

The effectiveness of efforts to reduce recidivism in partnership with the non-profit will be evaluated on the following metrics. The number of offenders who accept referrals to the non-profit. The number of those who accepted referrals and followed up by taking advantage of the programs and resources offered. Finally, the number of offenders who participated in the non-profit services and remained uninvolved in the criminal justice system for a year following their arrest.

Budget Instructions Applicants are required to submit a Proposal Budget and Budget Narrative (Budget Attachment). Upon submission the Budget Attachment will become Section 5: Budget (Budget Tables & Narrative) making up part of the official proposal. The Budget Attachment must be filled out completely and accurately. Applicants are solely responsible for the accuracy and completeness of the information entered in the Proposal Budget and Budget Narrative.

The Proposal Budget must cover the entire grant period. For additional guidance related to grant budgets, refer to the BSCC Grant Administration Guide. The Budget Attachment is provided as a stand-alone document on the BSCC website.

Budget Attachment
ORT-Grant-Program-Budget-Attachment-Final.xlsx

SECTION V -

ATTACHMENTS
This section list the attachments that are required at the time of submission, unless otherwise noted. Project Work Plan (Appendix B) - Mandatory Grantee Assurance for Non-Governmental Organizations (Appendix D) - Mandatory Local Impact Letter(s) (Appendix E) - Mandatory Letter(s) of Commitment (Appendix F) - If Applicable Policies Limiting Racial Bias - Refer to page 9 of the Proposal Instruction Packet - Mandatory Policies on Surveillance Technology - Refer to page 9 of the Proposal Instruction Packet - If Applicable Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Appendix G) - Mandatory Governing Board Resolution (Appendix H) - Optional
Project Work Plan (Appendix B)
Project-Work-Plan-ORT.docx
Grantee Assurance for Non-Governmental Organizations (Appendix D) Grantee-Assurance-for-Non-Governmental-Organizations-ORT_-_signed.pdf Local Impact Letter(s) (Appendix E)
Local_Impacts.pdf

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds) Letter(s) of Commitment, (Appendix F)
Letter_of_Commitment_-_Bens_Barketplace.pdf
Letter_of_Commitment_-_Cloud_City.pdf
Letter_of_Commitment_-_Home_Depot.pdf
Letter_of_Commitment_-_Road_Runner_Sports.pdf
Letter_of_Commitment_-_Vs_Barbershop.pdf
Letter_of_Commitment-_Downtown_Campbell.pdf
Letter_of_Commitment-_Nonprofit.docx
Letter_of_Commitment_-ULTA.docx
Letter_of_Support_-_Chamber_of_Commerce.pdf
Letter_of_Support_-_DA.pdf
Letter_of_Support_-_Police_Chief.pdf
Letter_of_Commitment_-_Whole_Foods.pdf
Policies Limiting Racial Bias
Policy-Bias-Based_Policing.pdf
Policies on Surveillance Technology
Policy-Automated_License_Plate_Readers__ALPRs_.pdf
Policy-Unmanned_Aerial_System__UAS__Operations.pdf
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Appendix G)
Certification-of-Compliance-with-BSCC-Policies-on-Debarment_-Fraud_-Theft_-and- Embezzlement-ORT_-_signed.pdf
OPTIONAL:

Governing Board
Resolution (Appendix
H)
n/a

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Bibliography
Ashton, S. A., & Bussu, A. (2020). Peer groups, street gangs and organised crime in the narratives of adolescent male offenders.

Journal of criminal psychology, 10(4), 277-292.

Bird, M., Loftstrom, M., Martin, B., Raphael, S., & Nguyen, V. (2018).

The Impact of Proposition 47 on Crime and Recidivism. Public Policy Institute of California.

California State Assembly Democratic Caucus. (2023). California Cities, Retailers, and Law Enforcement Urge Passage of AB 1708 to Combat Retail Theft. [Press release].

Gold, E., & Lang, J. Diverting Shoplifters: A research report and planning guide. The Center for Court Innovation.

Hollywood, J. S., McKay, K. N., Woods, D., & Agniel, D. (2019). Real- time crime centers in Chicago. RAND Corporation: Social and Economic Wellbeing.

Klemko, R. (2023). Police agencies are desperate to hire. But they say few want the job. Washington Post.

Powell, M. (2023). Opinion: California must repeal Prop 47, a virtual ‘Get out of Jail Free’ law for thieves. Times of San Diego.

Rosalsky, G. (2021). When you add more police to a city, what happens? NPR.

Schilke, R. (2023). A revolving door: California police and DA blame safer neighborhoods law for rise in drugs and crime. The Washington Examiner.

CONFIDENTIALITY
NOTICE:

All documents submitted as a part of the Organized Retail Theft Prevention Grant Program proposal are public documents and may be subject to a request pursuant to the California Public Records Act.

The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, § 6250 et seq.)

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Funds) Organized Retail Theft Prevention Grant Program

Applicants must complete a Project Work Plan. This Project Work Plan identifies measurable goals and objectives, process and outcome measures, activities and services, responsible parties for those activities and services, data sources and estimated timelines. Completed plans should (1) identify the project’s top goals and objectives; (2) identify how the goal(s) will be achieved in terms of the activities, responsible staff/partners, and start and end dates, process and outcome measures; and (3) provide goals and objectives with a clear relationship to the need and intent of the grant. As this grant term is for three (3) years, the Project Work Plan must attempt to identify activities/services and estimate timelines for the entire grant term. A minimum of one goal and corresponding objectives, process measures, etc. must be identified.

Applicants must use the Project Work Plan provided below. You will be prompted to upload this document to the BSCC-Submittable Application.

(1) Goal: > Reduce Organized Retail Theft
Objectives (A., B., etc.) > A) Increase the number of arrests.

B) Reduction in response times.

C) Increased collaboration with local agencies
D) Increased rates of reporting from retailers
Process Measures and
Outcome Measures:
> Number of arrests, response times, recidivism rate , number of community meetings, mark eting and educational campaigns, establish baseline pre implementation and compare with post implementation, operational loss for retailers Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
> monthly/quarterly reports, accurate reporting of retail theft, solve rates, expanding DF R, establishing RTIC, expanding ALPR and placing cameras in retail areas
> patrol and investigations,
retailers, crime analyst,
communications and public
engagement coordinator,
RTIC operators, DA’s office,
nonprofit

> January 2024 > December 2026
List data and sources to be used to measure outcomes: > Crime Analyst software , reporting from local retailers, police department RMS data, regional law enforcement partnership data
Appendix B: Project Work Plan

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance Organized Retail Theft Prevention Grant Program

(2) Goal: > Reduce Overall Auto Theft
Objectives (A., B., etc.) > A) Improve ability to track and locate stolen vehicles B) Increase arrest and prosecution rates
C) Increased recovery rates

Process Measures and
Outcome Measures:
> pre-project data for arrests/ recoveries/ reported stolen vehicles compared to same data during service delivery period

Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
>expanding DFR, establishing RTIC, expanding ALPR and placing cameras, streaming of intersection cameras
> patrol and investigations,
nonprofit, crime analyst,
communications and public
engagement coordinator,
RTIC operators, DA’s office

> January 2024 > December 2026
List data and sources to be used to measure outcomes: > police department RMS data, APLR data

(3) Goal: > Provide alternatives to incarceration and reduce recidivism Objectives (A., B., etc.) > A) provide referral services to nonprofit at time of arrest B) nonprofit will provide resources and services directly related to underlying issues of criminality C) Remove individuals from the cycle of criminality into a stable productive environment

Process Measures and
Outcome Measures:
> Number of offenders referred, number of offenders who access resources, number of offenders who access resources and stay out of criminal justice system after 1 year of contact.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance Organized Retail Theft Prevention Grant Program

Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
> offer alternative opportunities/resources to address social component
> crime analyst, nonprofit,
DA’s office

> January 2024 > December 2026
List data and sources to be used to measure outcomes: > police department RMS data, non-profit, DA’s office data, criminal history data

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance Total
$0.00
$300,000.00
$0.00
$0.00
$5,500.00
$95,062.00
$0.00
$0.00
$0.00
$400,562.00
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total
$150,000.00
$150,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$300,000.00
Description of Professional Service(s)
Total
2b. Services and Supplies Narrative:

Calculation for Expenditure
TOTAL
Description of Services or Supplies Calculation for Expenditure $50,000 a year, for 3 years
Fūsus will provide a video and data collaboration platform to expedite intelligence gathering and efficiency of response to situations as they unfold throughout the community.

FLOCK is an infrastucture-free license plate reader camera that untilizes Vehicle Fingerprint technology to capture vehicular attributes. Pricing includes installation and implementation fees.

TOTAL
$50,000 a year, for 3 years
Organized Retail Theft Prevention Grant Program - Project Budget and Budget Narrative 44-Month Budget: October 1, 2023 to June 1, 2027
Campbell Police Department
3a. Professional Services
2a. Services and Supplies
Name of Applicant:
(i.e., County Sheriff's Office, County Probation Department, or City Police Department) Budget Line Item
Note: Rows 7-16 will auto-populate based on the information entered in the budget line items (Salaries and Benefits, Services and Supplies, etc.) FLOCK
FUSUS

1. Salaries & Benefits

4. Non-Governmental Organization (NGO) Subcontracts

6. Equipment/Fixed Assets

7. Financial Audit (Up to $25,000)

8. Other (Travel, Training, etc.)
1a. Salaries & Benefits
Description of Salaries & Benefits (% FTE or Hourly Rate) & Benefits

2. Services and Supplies

3. Professional Services or Public Agencies

5. Data Collection and Evaluation

9. Indirect Costs
TOTAL
1b. Salaries & Benefits Narrative:

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
3b. Professional Services Narrative
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total
$5,500.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$5,500.00
Description of Equipment/Fixed Assets
Total
$70,000.00$35,000 each
TOTAL
Not applicable.

Not Applicable
6a. Equipment/Fixed Assets
Calculation for Expense
Drone in boxes (2)
5a. Data Collection and Evaluation
Calculation for Expense
TOTALS
4b. Non-Governmental Organization (NGO) Subcontracts Narrative Not applicable.

Description of Non-Governmental Organization
(NGO) Subcontracts
Description of Data Collection and Evaluation
Grant Evaluation
5b. Data Collection and Evaluation Narrative
4a. Non-Governmental Organization (NGO) Subcontracts
Calculation for Expense
Not applicable
TOTALS

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant $15,000.00
$10,062.00
$0.00
$0.00
$0.00
$0.00
$0.00
$95,062.00
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Grant Funds Total
$0 $0
$0
$0 $0
2DJI drone in boxes. Remaining funds will be spent on pan tilt zoom cameras at intersections, including camera hardware/software expenses. The funds may also be used for additional costs for software licensing or hardware associated to Flock, Fusus or other DPR projects.

Remaining funds will be used for additional costs for software/hardware licensing Camera Hardware/ Software TOTALS
6b. Equipment/Fixed Assets Narrative
$15k rough estimateIntersection Cameras
8a.Other (Travel, Training, etc.)
Description Calculation for Expense
7a.Financial Audit
Description Calculation for Expense
For this grant program, indirect costs may be charged using only one of the two options below:
1) Indirect costs not to exceed 10 percent (10%) of the total grant award. Applicable if the organization does not have a federally approved indirect cost rate.

If using Option 1) grant funds allocated to Indirect Costs may not exceed:
2) Indirect costs not to exceed 20 percent (20%) of the total grant award. Applicable if the organization has a federally approved indirect cost rate. Amount claimed may not exceed the organization's federally approved indirect cost rate.

TOTAL
7b. Financial Audit) Narrative:
9a. Indirect Costs
8b. Other (Travel, Training, etc.) Narrative:

Enter narrative here. You may expand cell height if needed.

TOTAL

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TOTAL $0 $0
9b. Indirect Costs Narrative:

Enter narrative here. You may expand cell height if needed. If using a federally approved indirect cost rate, please include the rate in the narrative.

Please see instructions tab for additional information regarding Indirect Costs. If the amount exceeds the maximum allowed and/or turns red , please adjust it to not exceed the line-item noted.

If using Option 2) grant funds allocated to Indirect Costs may not exceed:

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant When evaluating this project for local impacts there were very few areas where we felt the project implementation might impact retailers or other organizations.

If the project is successful it will result in increased referrals to the District Attorney’s Office. However, as demonstrated in District Attorney Rosen’s letter of commitment, they are prepared to dedicate the appropriate resources to ensure the project’s success.

The work conducted by the crime analyst will rely heavily upon partnerships and data sharing with regional law enforcement organizations, retailers within Campbell, the District Attorney’s Office, court and probation department. The accuracy of statistical data and ability to track sophisticated criminal organizations will rely heavily on these partnerships and data sharing agreements.

Similarly, our project proposes quarterly meetings, training, and posting of public awareness materials in businesses. As demonstrated by the attached letters of commitment, the retail community is supportive of this. While the commitment of these resources may have some impact on the operations of the business, it would be minimal at best.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant

75 S. San Tomas Aquino Rd., Ste. 1, Campbell, CA 95008

To: Board of State and Community Corrections
Re: The Organized Retail Theft Prevention Grant Program Date: July 2, 2023

This letter is being submitted to document that Prospeross, Inc. DBA Ben’s Barketplace agrees to partner on the Organized Retail Theft Prevention Grant Program proposal being submitted by Campbell Police Department.

Retail theft has impacted our business and is an area of great concern. We support the Campbell Police Department’s application for grant funding and believe that the funding will result in positive results for retailers in Campbell.

As a part of this grant, Prospeross, Inc. DBA Ben’s Barketplace agrees to participate in employee training on crime reporting, quarterly meetings involving all stakeholders, share data related to retail theft, and evaluate other data sharing opportunities.

Signed by,

Randi Ross, CEO/President

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant 1646 S Bascom Ave, Campbell CA 95008
408.769.6679
To: Board of State and Community Corrections
Re: The Organized Retail Theft Prevention Grant Program Date: 1 July 2023
This letter is being submitted to document that Road Runner Sports agrees to partner on the Organized Retail Theft Prevention Grant Program proposal being submitted by Sherrene Barnard.

Retail theft has impacted our business and is an area of great concern. We support the Campbell Police Department’s application for grant funding and believe that the funding will result in positive results for retailers in Campbell.

As a part of this grant, Road Runner Sports agrees to participate in employee training on crime reporting, quarterly meetings involving all stakeholders, share data related to retail theft, and evaluate other data sharing opportunities.

Signed by,
Sherrene Barnard
Co Manager - CA Retail

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant

1875 S. Bascom Ave. Ste. 148, Campbell, CA 95008

To: Board of State and Community Corrections
Re: The Organized Retail Theft Prevention Grant Program Date: July 2, 2023

This letter is being submitted to document that Lucross Holdings, Inc. DBA V’s Barbershop agrees to partner on the Organized Retail Theft Prevention Grant Program proposal being submitted by Campbell Police Department.

Retail theft has impacted our business and is an area of great concern. We support the Campbell Police Department’s application for grant funding and believe that the funding will result in positive results for retailers in Campbell.

As a part of this grant, Lucross Holdings, Inc. DBA V’s Barbershop agrees to participate in employee training on crime reporting, quarterly meetings involving all stakeholders, share data related to retail theft, and evaluate other data sharing opportunities.

Signed by,

Randi Ross, CEO/President

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant

To: Board of State and Community Correction
Re: The Organized Retail Theft Prevention Grant Program Date: June 19th, 2023

This letter is being submitted to document that Open Doors to Future Possibilities, Inc., a 501(C)(3) California Nonprofit Public Benefit Corporation, located in San Jose, agrees to partner on the Organized Retail Theft Prevention Grant Program proposal being submitted by the Campbell Police Department and to support them in any way possible so they can achieve their goals.

At Open Doors to future Possibilities, we provide low-income community members with low-cost counseling ($10 an hour). In our Veterans and law enforcement Programs, we provide Veterans, law enforcement officers and their families with free-of-charge counseling, educational and employment services, roundtables, tutoring, workshops, and connection to benefits and resources. We also have a homeless outreach Program, where we serve the unhoused neighbors with much needed supplies, education, employment, temporary and permanent housing and connect them with essential resources.

As a part of this grant, Open Doors to Future Possibilities, Inc. agrees to support Campbell Police Department in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft. We will provide the referred offenders with counseling services so they can process their past experiences and make healthier choices to create better lives for themselves and their families. Connecting them to educational opportunities is another service we will provide. Furthermore, our tutoring services will help them prepare to attend skill training classes, school/college, or other educational programs such as NPower so they can get the training or education required for the internship and employment possibilities we provide for them.

In addition to connecting them to employment opportunities, we will train them to learn and utilize more effective communication skills and teach them how to do well at job interviews. Assisting these individuals to access temporary and permanent housing will be another way of enabling them to experience stability and stay away from their unfortunate past paths. Our trained staff will check in with these individuals on a regular basis to provide them with support, guidance, and essential needs to reduce the likelihood of setbacks.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant

If awarded, Open Doors to Future Possibilities, Inc. is committed to ensuring the success of this project and agrees to participate with providing the referred individuals with counseling, tutoring, skills training and educational programs, job opportunities and connection to temporary and permanent housing and supporting them in any way we can so they can have a second chance in life for a better, healthier future.

Please don’t hesitate to contact me should you need any further information at 925-487-8752 or via email: [email protected]

Sincerely,
Simone Lundquist
Simone Lundquist, PhD
Founder & Executive Director
Open Doors to Future Possibilities, Inc.

Cell: 925-487-8752
1550 The Alameda, Suite 150
San Jose, CA 95126

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant

To: Board of State and Community Corrections
Re: The Organized Retail Theft Prevention Grant Program Date: 6/15/2023

This letter is being submitted to document that ULTA Beauty agrees to partner on the Organized Retail Theft Prevention Grant Program proposal being submitted by The City of Campbell.

As part of this grant, ULTA Beauty agrees to:

1. Coordinate with the Campbell Police Department during planned operations involving law enforcement and ULTA Loss Prevention personnel.

2. Attend meetings, when able to do so, hosted by the Campbell Police Department in which strategies and trends are shared regarding Organized Retail Theft Prevention. ULTA Beauty will be able to support with sharing ongoing trends and/or groups targeting the locations in the area.

3. Share with Campbell Police Department information regarding Organized Retail Theft trends, offenders, methods, etc. through an ongoing partnerships and communication.

4. Participate in multi-agency, multi-cooperation operations targeting Organized Retail Theft when available.

5. Participate in the prosecution phase of cases and make available representatives to appear in court on your business’ behalf.

6. At ULTA Beauty in Campbell, Ca, shrink has continued to increase year over year. Ulta Beauty in Campbell is trending 3X higher in ORC type events in 2023 vs 2022. More concerning is the increase in violence with the theft incidents that are occurring in store, creating an unsafe environment for our ULTA associates and other guests in the building or center.

7. ULTA beauty is excited for the continued partnership with the Campbell Police Department to help reduce Organized Retail Theft in the community and for ULTA Beauty. In the past the Campbell Police Department and patrol have been extremely helpful with support to the store. With this grant, it gives the department the ability to support even more often, in not just responding to incidents, but to also conduct preventative measures to send a positive message to the community and set the tone for bad actors attempting to cause losses in the area.

Signed by,

Chuck Vega, Area Loss Prevention Manager

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402
Campbell Police Department
Campbell PD Policy Manual
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Bias-Based Policing - 1
Bias-Based Policing
402.1 PURPOSE AND SCOPE
This policy provides guidance to department members that affirms the Campbell Police Department's commitment to policing that is fair and objective.

Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the department's relationship with its diverse communities (e.g., cultural and ethnicity awareness training, youth programs, community group outreach, partnerships). 402.1.1 DEFINITIONS
Definitions related to this policy include:

Bias-based policing
- An inappropriate reliance on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, or affiliation with any non-criminal group (protected characteristics) as the basis for providing differing law enforcement service or enforcement (Penal Code § 13519.4).
402.2 POLICY
The Campbell Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly, objectively and without discrimination toward any individual or group. 402.3 BIAS-BASED POLICING PROHIBITED
Bias-based policing is strictly prohibited.

However, nothing in this policy is intended to prohibit an officer from considering protected characteristics in combination with credible, timely and distinct information connecting a person or people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents, specific criminal patterns or specific schemes.
402.3.1 CALIFORNIA RELIGIOUS FREEDOM ACT
Members shall not collect information from a person based on religious belief, practice, affiliation, national origin or ethnicity unless permitted under state or federal law (Government Code § 8310.3).

Members shall not assist federal government authorities (Government Code § 8310.3):
(a) In compiling personal information about a person’s religious belief, practice, affiliation, national origin or ethnicity.
(b) By investigating, enforcing or assisting with the investigation or enforcement of any requirement that a person register with the federal government based on religious belief, practice, or affiliation, or national origin or ethnicity.

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Campbell PD Policy Manual
Bias-Based Policing
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Bias-Based Policing - 2
402.4 MEMBER RESPONSIBILITIES
Every member of this department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any suspected or known instances of bias-based policing to a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based actions by another member.
402.4.1 REASON FOR CONTACT
Officers contacting a person shall be prepared to articulate sufficient reason for the contact, independent of the protected characteristics of the individual.

To the extent that written documentation would otherwise be completed (e.g., arrest report, field interview (FI) card), the involved officer should include those facts giving rise to the contact, as applicable.

Except for required data-collection forms or methods, nothing in this policy shall require any officer to document a contact that would not otherwise require reporting. 402.5 SUPERVISOR RESPONSIBILITIES
Supervisors should monitor those individuals under their command for compliance with this policy and shall handle any alleged or observed violations in accordance with the Personnel Complaints Policy.
(a) Supervisors should discuss any issues with the involved officer and his/her supervisor in a timely manner.
(a) Supervisors should document these discussions, in the prescribed manner. (b) Recordings or data that capture a potential instance of bias-based policing should be appropriately retained for administrative investigation purposes. (b) Supervisors shall initiate investigations of any actual or alleged violations of this policy. (c) Supervisors should take prompt and reasonable steps to address any retaliatory action taken against any member of this department who discloses information concerning bias-based policing.
402.6 TRAINING
Training on fair and objective policing and review of this policy should be conducted as directed by the Training.
(a) All sworn members of this department will be scheduled to attend Peace Officer Standards and Training (POST)-approved training on the subject of bias-based policing.
(b) Pending participation in such POST-approved training and at all times, all members of this department are encouraged to familiarize themselves with and consider racial and cultural differences among members of this community.

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Campbell PD Policy Manual
Bias-Based Policing
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Bias-Based Policing - 3
(c) Each sworn member of this department who received initial bias-based policing training will thereafter be required to complete an approved refresher course every five years, or sooner if deemed necessary, in order to keep current with changing racial, identity and cultural trends (Penal Code § 13519.4(i)). 402.7 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
The Police Administration Manager shall ensure that all data required by the California Department of Justice (DOJ) regarding complaints of racial bias against officers is collected and provided to the Records Supervisor for required reporting to the DOJ (Penal Code § 13012; Penal Code § 13020). See the Records Policy.

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463
Campbell Police Department
Campbell PD Policy Manual
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Automated License Plate Readers (ALPRs) - 1
Automated License Plate Readers (ALPRs)
463.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 463.1.1 DEFINITIONS
(a) Automated License Plate Reader (ALPR): A device that uses cameras and computer technology to compare digital images to lists of known information of interest. (b) ALPR Operator: Trained Department members who may utilize ALPR system/ equipment. ALPR operators may be assigned to any position within the Department, and the ALPR Administrator may order the deployment of the ALPR systems for use in various efforts.
(c) ALPR Administrator: The Patrol Division Captain or the Chief's designee, serves as the ALPR Administrator for the Department.
(d) Hot List: A list of license plates associated with vehicles of interest compiled for one or more databases including, but not limited to, NCIC, CA DMV, Local BOLO's etc. (e) Vehicles of Interest: Including, but not limited to vehicles which are reported as stolen; display stolen license plates or tags; vehicles linked to missing and/or wanted persons and vehicles flagged by the Department of Motor Vehicle Administration or law enforcement agencies.
(f) Detection: Data obtained by an ALPR of an image (such as a license plate) within public view that was read by the device, including potential images (such as the plate and description of vehicle on which it was displayed), and information regarding the location of the ALPR system at the time of the ALPR's read. (g) Hit: Alert from the ALPR system that a scanned license plate number may be in the National Crime Information Center (NCIC) or other law enforcement database for a specific reason including, but not limited to, being related to a stolen car, wanted person, missing person, domestic violation protective order or terrorist-related activity. 463.2 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license platesThe technology is used by the Campbell Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery.

All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Administration Division Commander. The Administration Division Commander will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data.

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Campbell PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Automated License Plate Readers (ALPRs) - 2
463.2.1 ALPR ADMINISTRATOR
The Administration Division Commander shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) Only properly trained sworn officers, crime analysts, public safety dispatchers, and other properly trained personnel are allowed to access to the ALPR system or to collect ALPR information.
(b) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (c) Ensuring that procedures are followed for system operators and to maintain records of access in compliance with Civil Code § 1798.90.52.
(d) The title and name of the current designee in overseeing the ALPR operation. (e) Working with the Custodian of Records on the retention and destruction of ALPR data. (f) Ensuring this policy and related procedures are conspicuously posted on the department's website.
463.3 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business. (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so.
(f) Once an alert is received, the operator should confirm that the observed license plate from the system matches the license plate of the observed vehicle. Before any law enforcement action is taken because of an ALPR alert, the alert will be verified through a CLETS inquiry via MDC or through Dispatch. Members will not take any police action that restricts the freedom of any individual based solely on an ALPR alert unless is has been validated. Because the ALPR alert may relate to a vehicle and may not relate to the person operating the vehicle, officers are reminded that they need to have reasonable suspicion and/or probable cause to make an enforcement stop of the any

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Campbell PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Automated License Plate Readers (ALPRs) - 3
vehicle. (For example, if a vehicle is entered into the system because of its association with a wanted individual, Officers should attempt to visually match the driver to the description of the wanted subject prior to making the stop or should have another legal basis for making the stop.)
(g) Hot List. Designation of hot lists to be utilized by the ALPR system shall be made by the ALPR Administrator of his/her designee. Hot lists shall be obtained or compiled from sources as may be consistent with the purposes of the ALPR system set forth in this Policy. Hot lists utilized by the Department's ALPR system may be updated by agency sources more frequently than the Department may be uploading them and thus the Department's ALPR system will not have access to real time data. Occasionally, there may be errors in the ALPR system's read of a license plate. Therefore, an alert alone shall not be a basis for police action (other than following the vehicle of interest). Prior to initiation of a stop of a vehicle or other intervention based on an alert, Department members should undertake the following:

1. Verification of status on a Hot List. An officer must receive confirmation, from a Campbell Police Department Public Safety Dispatcher or other department computer device, that the license plate is still stolen, wanted, or otherwise of interest before proceeding (absent exigent circumstances).

2. Visual verification of license plate number. Officers shall visually verify that the license plate of interest matches identically with the image of the license plate number captured (read) by the ALPR, including both the alphanumeric characters of the license plate, state of issue, and vehicle descriptors before proceeding. Department members alerted to the fact that an observed motor vehicle's license plate is entered as a Hot Plate (hit) in a specific BOLO (Be on the lookout) list are required to make a reasonable effort to confirm that a wanted person is actually in the vehicle and/or that a reasonable basis exists before a Department member would have a lawful basis to stop the vehicle.

3. Department members will clear all stops from hot list alerts by indicating the positive ALPR Hit, i.e., with an arrest or other enforcement action. If it is not obvious in the text of the call as to the correlation of the ALPR Hit and the arrest, then the Department member shall update with the Communications Dispatcher and original person and/or a crime analyst inputting the vehicle in the hot list (hit).

4. General Hot List (SVS, SFR, and SLR) will be automatically downloaded into the ALPR system a minimum of once a day with the most current data overwriting the old data.

5. All entries and updates of specific Hot Lists within the ALPR system will be documented by the requesting Department member within the appropriate general offense report. As such, specific Hot Lists shall be approved by the ALPR Administrator (or his/her designee) before initial entry within the ALPR system. The updating of such a list within the ALPR system shall thereafter be accomplished pursuant to the approval of the Department member's immediate supervisor. The hits from these data sources should be viewed as informational; created solely to bring the officers attention to specific vehicles that have associated with criminal activity. All Hot Plates and suspect information entered into the ALPR system will contain the following information at a minimum:

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Campbell PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Automated License Plate Readers (ALPRs) - 4
(a) Entering Department member's name
(b) Related case number
(c) Short synopsis describing the nature of the originating call. (h) Login/Log-Out Procedure. To ensure proper operation and facilitate oversight of the ALPR system, all users will be required to have individual credentials for access and use of the systems and/or data, which has the ability to be fully audited.

Permitted/Impermissible Uses:

All data collected, is the property of the Campbell Police Department. Department personnel may only access and use the ALPR system for official and legitimate law enforcement purposes consistent with this Policy. The following uses of the ALPR system are specifically prohibited:

1. Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, it is a violation of this Policy to utilize the ALPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road or street, or that are on private property but whose license plate(s) are visible from a public road, street, or place to which members of the public have access, such as the parking lot of a shop or other business establishment).

2. Harassment or Intimidation: It is a violation of this Policy to use the ALPR system to harass and/or intimidate any individual or group.

3. Use Based on a Protected Characteristic. It is a violation of this Policy to use the ALPR system or associated scan files or hot lists solely because of a person's, or group's race, gender, religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other classification protected by law.

4. Personal Use. It is a violation of this Policy to use the ALPR system or associated scan files or hot lists for any personal purpose.

5. First Amendment Rights. It is a violation of this Policy to use the ALPR system or associated scan files or hot lists for the purpose or known effect of infringing upon First Amendment rights. Anyone who engages in an impermissible use of the ALPR system or associated scan files or hot lists may be subject to:
• criminal prosecution,
• civil liability, and/or
• administrative sanctions, up to and including termination, pursuant to an consistent with the relevant collective bargaining agreements and Department policies.
463.4 DATA COLLECTION AND RETENTION
The Field ServicesDivision Commander is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures.

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Campbell PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Automated License Plate Readers (ALPRs) - 5
All ALPR data downloadedshould be stored for 30 daysThereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded to evidence.com. 463.5 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.

The Campbell Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) All non-law enforcement requests for access to stored ALPR data shall be processed in accordance with applicable law.
(c) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(d) ALPR system audits should be conducted on a regular basis. (e) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(f) Such ALPR data may be released to other authorized and verified law enforcement officials and agencies for legitimate law enforcement purposes. (g) Every ALPR Detection Browsing Inquiry must be documented by either the associated Campbell Police case number or incident number, and/or a reason for the inquiry.

For security or data breaches, see the Records Release and Maintenance Policy. 463.6 POLICY
The policy of the Campbell Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.

All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. The Campbell Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/ subcontractors for purpose of federal immigration enforcement, pursuant to the California Values Act (Government Code § 7282.5, Government Code § 7284.2 et seq)-- these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CPB). It is not used for purposes prohibited under California law including but not limited to the California Values Act (SB54).

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Campbell PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Automated License Plate Readers (ALPRs) - 6
463.7 ALPR DATA DETECTION BROWSING AUDITS
It is the responsibility of the Field Services Division Captain or the Chief's designee to ensure that an audit is conducted of the ALPR detection browsing inquires at least once during each calendar year. The Department will audit a sampling of the ALPR system utilization from the prior 12-month period to verify proper use in accordance with the above-authorized uses. The audit shall randomly select at least 10 detection browsing inquires conducted by department employees during the preceding six-month period and determine if each inquiry meets the requirements to established in policy section 463.5(g). The audit shall be documented in the form of an internal department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors found can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be filed and retained by the Field Services Division Captain. 463.8 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for the ALPR data that includes:

1. The name of the agency.

2. The name of the person requesting.

3. The intended purpose of obtaining the information.
(b) The request is reviewed by the Field Services Division Commander or the authorized designee and approved before the request is fulfilled.
(c) The approved request is retained on file.
(d) Active data sharing can be authorized through mutual agency agreement.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 463.9 TRAINING
The Administrative Sergeantshould ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).

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Campbell Police Department
Campbell PD Policy Manual
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Unmanned Aerial System (UAS) Operations -
1 Unmanned Aerial System (UAS) Operations
614.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. 614.1.1 DEFINITIONS
Definitions related to this policy include:

Unmanned Aerial System (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording or any other means. 614.2 POLICY
Unmanned aerial systems may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.
614.3 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. 614.4 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations and best practices and will have the following additional responsibilities:
• Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current.
• Ensuring that all authorized operators and required observers have completed all required FAA and department-approved training in the operation, applicable laws, policies and procedures regarding use of the UAS.
• Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents.

Deployment of a UAS shall require authorization from the Chief of Police or the authorized designee, depending on the type of mission.

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Campbell PD Policy Manual
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Unmanned Aerial System (UAS) Operations -
2 •
•
• Developing an operational protocol governing the deployment and operation of a UAS including, but not limited to, safety oversight, use of visual observers, establishment of lost link procedures and secure communication with air traffic control facilities. • Developing a protocol for documenting all missions.
• Developing a UAS inspection, maintenance and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. • Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
• Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. • Facilitating law enforcement access to images and data captured by the UAS. • Recommending program enhancements, particularly regarding safety and information security.
• Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police.
614.5 USE OF UAS
Only authorized operators who have completed the required training shall be permitted to operate the UAS. The UAS is authorized to be deployed under certain circumstances these include, but are not limited to:
(a) Public safety and life preservation missions including, barricaded suspects, hostage situations, active shooters, apprehension of armed and dangerous fleeing suspects, and high-risk search warrants;
(b) Lost or missing persons;
(c) Rescue events;
(d) Disaster response and recovery;
(e) Suspected explosive devices;
(f) Fire/arson investigation;
(g) Post-incident crime scene preservation and documentation; (h) Pursuant to a search warrant;
(i) Departmental videos (recruitment, PR, etc.);

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Campbell PD Policy Manual
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Unmanned Aerial System (UAS) Operations -
3 (j) Anytime a UAS would enhance public safety, improve operational safety, incident stabilization or incident mitigation as determined by the authorizing person; (k) Anti-UAV operations when a person is operating a UAV in a manner which impedes emergency personnel who, in the course of their duties, are coping with an emergency (refer to Penal Code 402(a)1); and
(l) In support of other law enforcement agencies or fire departments when the underlying mission meets the uses outlined in this policy.

Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted.
614.6 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
• To conduct random surveillance activities.
• To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. • To harass, intimidate, or discriminate against any individual or group. • To conduct personal business of any type.

The UAS shall not be weaponized.
614.7 RETENTION OF UAS DATA
Data collected by the UAS shall be retained as provided in the established records retention schedule.

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BSCC 1145-23

APPENDIX A: Organized Retail Theft Grant Program Scoring Panel Roster Name Title Organization / Agency
1 Ryan Allain Director Government Affairs, California Retailers Association
2 Chesa Boudin Executive Director Criminal Law & Justice Center – UC Berkeley School of Law
3 Michelle Brown Retired Chief Probation Officer San Bernardino County 4 Derek Casebeer Chief Deputy Sacramento County Probation Department
5 Tracie Cone Public Information Officer Board of State and Community Corrections
6 Jason Craven Officer CA Highway Patrol Organized Retail Crime Task Force & Sacramento County
Auto Theft Suppression Task Force
7 Jason Daughrity Retired CHP Captain Commander of Field Support Section 8 Sandra Dinong Associate Governmental Program
Analyst
Board of State and Community
Corrections
9 Evonne Garner Retired Deputy Director Board of State and Community Corrections
10 Mary Jolls Retired Deputy Director Board of State and Community Corrections
11 Nicole Kirkaldy Restorative Justice and Diversion
Program Director
Yolo County District Attorney's Office
12 Mercedes Morales Associate Governmental Program
Analyst
Board of State and Community
Corrections
13 Ryan Okimura Staff Services Manager I Board of State and Community Corrections
14 Nancy O’Malley Retired District Attorney Alameda County

15 Chelsea Paez Staff Services Manager I Board of State and Community Corrections
16 Bao Phan Associate Governmental Program
Analyst
Board of State and Community
Corrections
17 Rodney Rego Captain Elk Grove Police Department
18 Michelle Solorzano Sr. Project Manager City of El Monte 19 Ashley Taylor Associate Governmental Program
Analyst
Board of State and Community
Corrections
20 Eric Taylor Sheriff San Benito County

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APPENDIX B: Grantee Assurance for Non-Governmental Organizations The Organized Retail Theft Grant Program Request for Proposals (RFP) includes requirements that apply to non- governmental organizations (NGOs) 1 providing services with grant funds. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving funds. The RFP describes these requirements as follows:

Any non-governmental organization that receives Organized Retail Theft Grant Program Grant funds (as either a subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six (6) months prior to the effective date of its fiscal agreement with the BSCC or with the Organized Retail Theft Grant Program grantee;
o Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six (6) month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee subcontractor fiscal agreement; • Be registered with the California Secretary of State’s Office, if applicable; • Have a valid Employer Identification Number (EIN) or Taxpayer ID (if sole proprietorship); • Have a valid business license, if applicable;
• Have no outstanding civil judgments or liens;
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and • Have a physical address within California. (An agent for service of process with a California address is insufficient.)

Completing the NGO Assurance (Following Page)

1. Provide the name of the Applicant Agency (the Grantee),

2. List all contracted parties (if known),

3. Check Yes or No to indicate if each contracted part meets the requirements

4. Sign and Submit to the BSCC

NOTE: If the name of the contracted party is unknown or if there will be no contracted parties. Write N/A in the “Name of Contracted Party” field and sign the document.

1 For the purposes of this RFP, NGOs include nonprofit and for-profit community-based organizations, faith-based organizations, evaluators (except government institutions such as universities), grant management companies, and any other non-governmental agency or individual.

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Campbell PD
BSCC 1145-23

APPENDIX B: Grantee Assurance for Non-Governmental Organizations

Provide your agency name and in the table list information for all contracted parties.

Grantee:

*Grantees are required to update this list and submit it to BSCC any time a new third- party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the RFP. The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS

SIGNATURE DATE
X

Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐

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Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.

November 7, 2023 BA-12
Budget to be Reduced
Fund/Program Account Number Description Amount
Budget to be Increased
Fund/Program Account Number Description Amount

REVENUES
101.605 4543 Organized Retail Theft Grant Revenue - Other State Grants 400,562

EXPENDITURES
101.605 7430 Organized Retail Theft Grant Expenditures - Prof. & Spec. Services 400,562 REASON FOR REQUEST - BE SPECIFIC:

Finance Director Police Chief City Manager
Police Department
Will Fuentes Gary Berg Brian Loventhal
605 - Field Services
Acceptance of Organized Retail Theft Grant and addition or related grant revenue and expenditure budgets.

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Attachment: Exhibit C: Budget Adjustment Form (Acceptance of Organized Retail Theft Grant Funds) City
Council
Report
TITLE: Resolution Approving Relief of Bid Submitted by Bobo Construction, Inc. (BCI) for the Measure O – Police Operations Building Project (CIP No. 23-RR) (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution approving the relief of bid submitted by Bobo Construction, Inc. for construction of the Measure O - Police Operations Building Project, and authorizing the subsequent release of their bid bond, in accordance with the terms and conditions set forth in California Public Contract Code Chapter 5. ‘Relief of Bidders’ [Sections 5100 - 5110].

BACKGROUND
On October 4, 2023, the City opened bids for construction of the Measure O – Police Operations Building project (CIP No. 23 -RR). At that time, Bobo Construction, Inc. (BCI) was the apparent low bidder with a total base bid amount of $26,513,000 and bid security bond of $2,651,300 (10% of the total base bid). However, the following day, the City received a letter from BCI ( Attachment B) notifying the City of a bid mistake and requesting relief from their bid due to what the letter described as a ‘clerical error’ caused by a broken formula (link) in their Excel estimating template spreadsheet. As such, the error omitted approximately $5M in proposed costs from one of their electrical subcontractors (Pacific Power Systems), which resulted in a significantly lower total base bid amount than what they had intended to submit.

BCI’s bid withdrawal request raised the prospects for potential litigation against the City and necessitated further discussions to determine an appropriate response and subsequent course of action. After reviewing all available options, potential responses by the City included:

1. Agreeing to the withdrawal and returning of the bid bond;

2. Requiring BCI to seek relief from the Court; or

3. Negotiating over the City retaining some portion of the bid security in consideration for agreeing to withdraw the bid.

Item: 18
Category: UNFINISHED BUSINESS
Meeting Date: November 7, 2023
18 Packet Pg. 420
BoBo Construction Relief of Bid Page 2 of 3
Overall, BCI has followed the necessary steps in accordance with California Public Contract Code (PCC) Chapter 5. ‘Relief of Bidders’ [5100 – 5110] by submitting a timely written notification to the City (i.e., within five working days following the date of bid opening) and providing sufficient evidence documenting the circumstances and discovery of their mistake, as required by PCC Section 5103 ‘Bidder’s Proof of Mistake’ (Attachment C).

DISCUSSION

While the City acknowledges that BCI meets the conditions necessary for dismissal, the City’s ability to dismiss their bid will be subject to the following terms and requirements set forth in PCC Section 5101:

(a) ‘A bidder shall not be relieved of the bid unless by consent of the awarding authority…’

(b) ‘…the authority shall prepare a report in writing to document the facts establishing the existence of each element required by Section 5103. The report shall be available for inspection as a public record.’

As the City’s ‘awarding authority,’ only the City Council has the authority to relieve BCI of their bid. With these developments, staff has notified the City Council of BCI’s intent to withdraw and the circumstances that prompted their initial request. Upon City Council’s approval, and in accordance with PCC Section 5101(b), staff will move forward with notifying Bobo Construction of this action.

NEXT STEPS
Staff is recommending that the City Council approve the request from Bobo Construction, Inc. (BCI) to be relieved of their bid submitted for construction of the Measure O – Police Operations Building Project (CIP No. 23 -RR) and authorize the subsequent release of their bid bond, in accordance with the required procedures specified in California Public Contract Code (PCC) Chapter 5. ‘Relief of Bidders’ [5100 – 5110]. Furthermore, expediting this dismissal will help prevent critical delays in the project’s anticipated construction schedule and allow staff to proceed with these efforts in a timely and efficient manner.

Should the City Council approve the recommended action, staff will issue an “intent to award” for the project’s construction contract to the second lowest bidder, Lathrop Construction Associates, Inc., and return during a later City Council meeting to request Council’s approval to award the contract at that time.

FISCAL IMPACT

There is no fiscal impact associated with this action. Financial alternatives regarding the Measure O – Police Operations Building project are being addressed by a separate staff report on the same Council agenda for the November 7, 2023, regular meeting. 18 Packet Pg. 421
BoBo Construction Relief of Bid Page 3 of 3

ALTERNATIVES

1. Do not approve BCI’s request to be relieved of their bid; 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

Attachment:
a. Resolution
b. Bobo Construction Request for Relief of Bid
c. California Public Contract Code–Relief of Bidders
18 Packet Pg. 422

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE RELIEF OF BID SUBMITTED BY BOBO CONSTRUCTION, INC. (BCI) FOR CONSTRUCTION OF THE MEASURE O – POLICE OPERATIONS BUILDING PROJECT (CIP NO. 23-RR), AND

AUTHORIZING THE SUBSEQUENT RELEASE OF THEIR BID BOND, IN ACCORANCE WITH

THE TERMS AND CONDITIONS SET FORTH IN CALIFORNIA PUBLIC CONTRACT CODE (PCC) CHAPTER 5. ‘RELIEF OF BIDDERS’ [SECTIONS 5100 – 5110]

WHEREAS, on October 4, 2023, the City opened bids for construction of the Measure O – Police Operations Building Project (CIP No. 23-RR); and

WHEREAS, at that time, Bobo Construction, Inc. (BCI) was the apparent low bidder with a total base bid amount of $26,513,000 and bid security bond of $2,651,300; and

WHEREAS, the following day, the City received a letter from BCI notifying the City of a bid mistake and requesting relief from their bid due to a ‘clerical error’ caused by a broken formula (link) in their Excel estimating template spreadsheet and the omission of approximately $5M from their total base bid amount; and

WHEREAS, overall, BCI has followed the necessary protocols in accordance with California Public Contract Code (PCC) Chapter 5 . ‘Relief of Bidders,’ Sections 5100 – 5110, by submitting a timely written notification to the City and providing sufficient evidence documenting the circumstances of their mistake as required by PCC Section 5103 ‘Bidder’s Proof of Mistake’; and

WHEREAS, while the City acknowledges BCI’s compliance, the City’s ability to dismiss their bid will be subject to the terms and requirements forth in PCC Section 5101(a) ‘A bidder shall not be relieved of the bid unless by consent of the awarding authority… ’, and (b) ‘…the authority shall prepare a report in writing to document the facts establishing the existence of each element required by Section 5103. The report shall be available for inspection as a public record.’; and

WHEREAS, as the City’s ‘awarding authority,’ only the City Council has the authority to relieve BCI of their bid; and

WHEREAS, staff has notified the City Council of BCI’s intent to withdrawal and the circumstances that prompted their initial request; and

WHEREAS, staff recommends that the City Council approve the relief of bid submitted by Bobo Construction, Inc. (BCI) for construction of the Measure O – Police Operations Building Project (CIP No. 23-RR), and authorize the subsequent release of their bid bond, to prevent critical delays in the project’s anticipated construction schedule and allow staff to proceed with these efforts in a timely and efficient manner.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby approves the relief of bid submitted by Bobo Construction, Inc. (BCI) for construction of the Measure O – Police Operations Building Project (CIP No. 23-RR), and authorizes the subsequent release of their bid bond, in accordance with the terms and conditions set forth in California Public Contract Code (PCC) Chapter 5. ‘Relief of Bidders’ [Sections 5100 – 5110].

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Attachment: Resolution (BoBo Construction Relief of Bid)

BE IT FURTHER RESOLVED should the City Council consent to relieve BCI of their bid, staff will begin preparations to issue an “intent to award” for the project’s construction contract to the second lowest bidder, Lathrop Construction Associates, Inc., and return during a later City Council meeting to request Council’s approval to award the contract at that time.

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

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Attachment: Resolution (BoBo Construction Relief of Bid)

18.b
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Attachment: Bobo Construction Request for Relief of Bid (BoBo Construction Relief of Bid)

18.b
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Attachment: Bobo Construction Request for Relief of Bid (BoBo Construction Relief of Bid) Attachment 3
(Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PCC&division=2.&title=&part=1.&chapter=5.&article=)

PUBLIC CONTRACT CODE - PCC
DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) CHAPTER 5. Relief of Bidders [5100 - 5110]
( Chapter 5 added by Stats. 1982, Ch. 435, Sec. 2. )
5100.
(a) “Public entity” means the state, Regents of the University of California, a county, city and county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state. (b) “Bid” means any proposal submitted to a public entity in competitive bidding for the construction, alteration, repair, or improvement of any structure, building, road or other improvement of any kind. (Added by Stats. 1982, Ch. 435, Sec. 2.)
5101.
(a) A bidder shall not be relieved of the bid unless by consent of the awarding authority nor shall any change be made in the bid because of mistake, but the bidder may bring an action against the public entity in a court of competent jurisdiction in the county in which the bids were opened for the recovery of the amount forfeited, without interest or costs. If the plaintiff fails to recover judgment, the plaintiff shall pay all costs incurred by the public entity in the suit, including a reasonable attorney’s fee to be fixed by the court. (b) If an awarding authority for the state consents to relieve a bidder of a bid because of mistake, the authority shall prepare a report in writing to document the facts establishing the existence of each element required by Section 5103.

The report shall be available for inspection as a public record. In the case of the University of California or a California State University, the report shall be filed with the regents and the trustees, respectively, and shall be available as a public record.
(Amended by Stats. 1994, Ch. 726, Sec. 21. Effective September 22, 1994.) 5102.

The complaint shall be filed, and summons served on the director of the department or the chief of the division or other head of the public entity under which the work is to be performed or an appearance made, within 90 days after the opening of the bid; otherwise, the action shall be dismissed. (Added by Stats. 1982, Ch. 435, Sec. 2.)
5103.

The bidder shall establish to the satisfaction of the court that:
(a) A mistake was made.
(b) He or she gave the public entity written notice within five working days, excluding Saturdays, Sundays, and state holidays, after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred. (c) The mistake made the bid materially different than he or she intended it to be.

18.c
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Attachment: California Public Contract Code–Relief of Bidders (BoBo Construction Relief of Bid) (d) The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications. (Amended by Stats. 2005, Ch. 270, Sec. 2. Effective January 1, 2006.) 5104.

Other than the notice to the public entity, no claim is required to be filed before bringing the action. (Added by Stats. 1982, Ch. 435, Sec. 2.)
5105.

A bidder who claims a mistake or who forfeits his or her bid security shall be prohibited from participating in further bidding on the project on which the mistake was claimed or security forfeited. (Added by Stats. 1982, Ch. 435, Sec. 2.)
5106.

If the public entity deems it is for its best interest, it may, on refusal or failure of the successful bidder to execute the contract, award it to the second lowest bidder.

If the second lowest bidder fails or refuses to execute the contract, the public entity may likewise award it to the third lowest bidder.

On the failure or refusal of the second or third lowest bidder to whom a contract is so awarded to execute it, his or her bidder’s security shall be likewise forfeited.
(Added by Stats. 1982, Ch. 435, Sec. 2.)
5107.

In all actions brought under the provisions of this chapter, all courts wherein such actions are or may hereafter be pending, shall give such actions preference over all other civil actions therein, in the matter of setting the same for hearing or trial, and in hearing the same, to the end that all such actions shall be quickly heard and determined. (Added by Stats. 1982, Ch. 435, Sec. 2.)
5110.
(a) When a project for the construction, alteration, repair, or improvement of any structure, building, or road, or other improvement of any kind is competitively bid and any intended or actual award of the contract is challenged, the contract may be entered into pending final decision of the challenge, subject to the requirements of this section. If the contract is later determined to be invalid due to a defect or defects in the competitive bidding process caused solely by the public entity, the contractor who entered into the contract with the public entity shall be entitled to be paid the reasonable cost, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor prior to the date of the determination that the contract is invalid if all of the following conditions are met:
(1) The contractor proceeded with construction, alteration, repair, or improvement based upon a good faith belief that the contract was valid.
(2) The public entity has reasonably determined that the work performed is satisfactory. (3) Contractor fraud did not occur in the obtaining or performance of the contract. (4) The contract does not otherwise violate statutory or constitutional limitations.

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Attachment: California Public Contract Code–Relief of Bidders (BoBo Construction Relief of Bid) (b) In no event shall payment to the contractor pursuant to this section exceed either of the following:
(1) The contractor’s costs as included in its bid plus the cost of any approved change orders. (2) The amount of the contract less profit at the point in time the contract is determined to be invalid. (c) Notwithstanding subdivision (a), this section shall not affect any protest and legal proceedings, whether contractual, administrative, or judicial, to challenge the award of the public works contract and enforce competitive bidding laws, nor affect any rights under Section 337.1 or 337.15 of the Code of Civil Procedure. (Added by Stats. 2003, Ch. 678, Sec. 2. Effective January 1, 2004.)

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Attachment: California Public Contract Code–Relief of Bidders (BoBo Construction Relief of Bid) City
Council
Report
TITLE: Review Funding Options for Measure O Police Operations Building

RECOMMENDED ACTION
That the City Council provide feedback to staff regarding funding options for the Measure O - Police Operations Building Project (No. 23-RR).

EXECUTIVE SUMMARY
On November 7, 2023, staff will be presenting the City Council with two alternatives to move forward with awarding the Police Operations Building component of the Measure O project, and the associated cost of each. In both cases, some financial adjustments will need to be made. At the very least, funding adjustments within the Measure O project will be required. Depending on the preferred scope, additional funding (beyond Measure O) may be required to award the construction contract. To help facilitate the discussion, it may be helpful to address the following questions as the discussion progresses:

1. Does the City Council agree with redistributing Measure O funds between project components?

2. If additional funds (beyond Measure O) are required to construct the Police Operations Building, what other funding sources does the City Council wish to explore using?
• Measure O Bond Interest Earnings ($1.5M)
• General Fund surplus from FY 2023 ($310K to $1.7M)
• General Fund or CIPR Reserves
• ARPA ($3.9M)
• Future Grant Funds

BACKGROUND
In November 2018, Campbell voters passed Measure O authorizing the City to issue $50,000,000 in general obligation (GO) bonds to finance the design and construction of a new Police Operations Building (including a new Emergency Operations Center) and renovations to the Campbell City Library. Of the $50M in Measure O funds available, $20M was originally allocated to each project (Police Operations Building and Library Renovations) with $10M allocated to “Shared Improvement Costs.” Later, as the design process began, further allocations were made from the $10M in Shared Improvement Item: 19
Category: UNFINISHED BUSINESS
Meeting Date: November 7, 2023
19 Packet Pg. 430
Review Funding Options for Measure O Police Operations Building Page 2 of 7 Costs to the individual projects, resulting in a total Measure O -funded project budget of $20.5M for the Library Renovations (Project No. 23 -SS) and $25M for the Police Operations Building (Project No. 23-RR).

On May 19, 2020, the City Council awarded the design consultant services contract for the Police Operations Building to LPA, Inc., (LPA) and instructed staff to return with the proposed design concepts before developing its schematic design. In February 2021, staff presented the concepts prepared by LPA and the City Council selected its preferred design option – permitting LPA to begin the schematic design phase. In May 2021, the City Council approved the schematic design for the Police Operations Building and directed staff to incorporate additional elements into the project to address concerns with logistics and exterior building features. Although these elements would not alter the project’s overall design, additional design services would be required to incorporate them into the existing design details – prompting staff to request a proposal from LPA for the associated re-design work and estimated costs.

In September 2021, the City Council approved the conventional Design -Bid-Build delivery method for the Police Operations Building project; followed by a separate action two weeks later authorizing staff to continue efforts through completion of the project’s design development phase. Shortly thereafter, on October 9, 2021, the City Council approved an amendment to the existing consultant services agreement with LPA for additional design services to incorporate (re-design) those elements into the project that were previously requested by the City Council. After executing the amended agreement, LPA began the re-design work and moved forward through the remainder of the project’s design development phase.

In February 2022, staff issued a Request for Qualifications (RFQ) for both the Police Operations Building and the Library Renovations to solicit contractors who were interested in (and qualified for) an invitation to bid on their respective construction contracts. After evaluating the applications received in response to the respective RFQs, staff determined that seven (out of eight) firms that applied for the Police Operations Building project had met the required qualifications. Upon completion of this selection process, the following contractors were deemed to be qualified and were invited to bid on the project’s construction contract following the City Council’s approval of the final plans, specifications, and estimates (PS&E):

1. Gonsalves & Stronck Construction Company, Inc.

2. Lathrop Construction Associates, Inc.

3. Rodan Builders, Inc.

4. Swinerton Builders

5. BOBO Construction, Inc.

6. Zovich & Sons, Inc.

7. Midstate Construction Corporation

On October 4, 2023, Lathrop Construction Associates, Inc. (Lathrop), BOBO Construction, Inc. (BOBO), and Zovich & Sons, Inc. (Zovich) each submitted bids for the 19 Packet Pg. 431
Review Funding Options for Measure O Police Operations Building Page 3 of 7 Police Operations Building project. The lowest bidder was BOBO with a total base bid of $26,513,000. The second lowest bidder was Lathrop with a total base bid of $29,656,000. The difference between B OBO’s total base bid and Lathrop’s total base bid is $3,143,000. Zovich came in as the third lowest bidder, with a base bid of $35,300,000.

Subsequent to the bid submittal, BOBO notified the City of a request for relief from their bid claiming an error was made in their calculation. Under a separate agenda item on the City Council Agenda on November 7, 2023, the City Council will be considering whether to grant BOBO’s request to be relieved of their bid (per California Contracts Code, Section 5100). Therefore, the analysis and bids amounts used for purposes of this discussion are assuming that the second lowest bidder (Lathrop) will be recommended for the construction contract. It is anticipated that the City Council’s consideration of the award of the construction contract will be scheduled for the November 21, 2023 City Council meeting.

DISCUSSION
As identified in the City’s 2024 -2028 Capital Improvement Plan (CIP), the budget for construction of the new Police Operations Building (Project 23-RR) is as follows:

Available Funds – Police Project (No. 23-RR) (per previous Council report) Funding Source Amount
Measure O (Initial Allocation + Shared Site Work Allocation) $ 25,000,000 State Resiliency Grant (Emergency Generator and Built-In FF&E) $ 2,400,000 SVCE Energy Resiliency Grant (for add alt.) $ 198,000 Total Available Funds (current project budget) $ 27,598,000

On July 18, 2023 , the City Council approved the plans, specifications, and estimate (PS&E), and authorized the Public Works Director to solicit bid proposals from the list of pre-qualified contractors, for the Measure O - Police Operations Building Project (No. 23-RR). This action was taken recognizing that there was a funding gap between the Engineer’s Estimate and the project budget.

As such, the project was bid with three revocable items identified as part of the base bid, allowing budget capacity to be generated by removing these bid items at the time of award. The revocable items include the construction of a new trash enclosure (bid at $202,000), the renovation of the existing Police Operations Building, and the associated schedule extension (bid at $2,278,000). It was anticipated that deferral of these items could allow the construction of the new Police Operations Building to move forward as scheduled while the City Council and staff jointly pursued funding strategies to complete the project as designed.

19 Packet Pg. 432
Review Funding Options for Measure O Police Operations Building Page 4 of 7 Furthermore, deferring these revocable bid items to a later stage in the construction process would not delay or impact the project’s anticipated completion schedule, as these elements were not intended to be constructed until the completion of the new Police Operations Building, approximately two years from now, and as a separate phase of the construction project. Deferring these elements could provide an opportunity for staff to explore other funding options for their implementation and identify strategies to further reduce their fiscal impact. Likewise, staff can also re -evaluate the project’s add alternates and their associated costs to determine if such features can be removed or adjusted without impacting other elements of the project or creating additional budgetary constraints.

Evaluating Two Scenarios:

Based on the bid from Lathrop, staff is evaluating two scenarios: one that would award the base bid in its entirety and another that would award the base bid, but remove the revocable items —the trash enclosure and the renovation of the existing Police Operations Building. Staff is not recommending the awarding of the add alternate item (solar panel vehicle canopies) at this time since the bid amount was several hundred thousand over the Engineer’s Estimate. In addition, the add alternate would greatly exceed the grant amount of $198,000 from SVCE that had previously been allocated to fund that element. As such, to further evaluate the two scenarios, the $198,000 in grant funds is being removed as funding source for the purposes of the analysis below. This change reduces the project funding down to $27,400,000.

Use of Funds – Police Project – two scenarios

Costs/Expenditures
SCENARIO 1

Full Base Award
SCENARIO 2

Removing
Revocable Items
Design, Planning, & Management $ 2,543,575 $ 2,543,575 Plan Review / Permits $ 115,000 $ 115,000
Construction Contract $ 29,656,000 $ 27,176,000
Change Order Contingency $ 2,965,600 $ 2,717,600
Utility Fees $ 350,000 $ 350,000
Testing & Special Inspections $ 430,000 $ 430,000 Other City Costs / Design Contingencies $ 50,000 $ 50,000 Total Costs for Police Project $ 36,110,175 $ 33,382,175 19 Packet Pg. 433
Review Funding Options for Measure O Police Operations Building Page 5 of 7

Costs/Expenditures
SCENARIO 1

Full Base Award
SCENARIO 2

Removing
Revocable Items
Project Budget (23-RR) (existing) $ 27,400,000 $ 27,400,000 Project Shortfall ($8,710,175) ($5,982,175)

Based on the two scenarios above and comparing them to the revised project budget of $27,400,000, there is project shortfall of between $5,982,175 and $8,710,175. Staff is proposing options as to how the funding difference can be addressed.

Reallocation of Measure O Funds

The majority of the funding gap can be addressed within the Measure O program itself through the reallocation of available funds. The City Council could determine to reallocate savings from the Library Renovation project (23 -SS) to the Police Operations Building project (23-RR). Specifically, the City Council could reallocate $3.7M in surplus funds from the Library Renocation project to the Police Operations Building project.

Additionally, there remains $1.3M in unallocated Measure O funds as both projects approach their respective construction phases. The Council could decide to allocate this fund balance to the Police Operation Building project. It is important to note that each project has a separate construction contingency budget of 10%.

Moreover, the City has accrued approximately $1.5M in interest earnings through Q1 FY 2024 from the Measure O bonds, which may also be applied towards project expenditures as needed. The combination of the reallocation of Measure O funds (Library surplus, unallocated reserve, and interest earned) would provide sufficient funds to award the Police Operation Building Project under scenario 2 (without the revocable items). If the City Council desires to complete the Project in full under Scenario 1 then $2,110,175 of additional City funds would be needed.

The proposed (revised) funding sources are shown in the table below:

Costs/Expenditures
SCENARIO 1

Full Base Award
SCENARIO 2

Removing
Revocable Items
Project Budget (23-RR) (existing) $ 27,400,000 $ 27,400,000 Transfer from Library Project (23-SS) $ 3,700,000 $ 3,700,000 Unallocated Project Contingency $ 1,300,000 $ 1,300,000 Allocation of Accrued Interest $ 1,500,000 $ 982,175* 19 Packet Pg. 434
Review Funding Options for Measure O Police Operations Building Page 6 of 7 Additional City Funds Required $ 2,210,175 $ 0 Funds Required for Award $ 36,110,175 $ 33,382,175
*Need for use of accrued interest is less in Scenario 2 due to lower overall cost

Additionally, should the City Council direct staff to use some or all of its remaining ARPA funds on this project, the City is estimated to have $3.9M remaining through FY 2025 after all actual and planned usages of ARPA funds are taken into account. Per ARPA rules, these funds may be used on a capital project such as the Police Operations Building project, but 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.

And lastly, as was presented to the City Council on October 17, 2023, the City has a potential $1.6M un -audited operating surplus in FY 2023. Per latest numbers, this has increased to $1.7M. However, per current City Council Financial Policy regarding Reserves, $1.1M should be directed towards the Economic Fluctuation reserve in order to maintain it at 16.67% (two months of General Fund expenditures). Additionally, per the FY 2023 Adopted CIP, $275,000 should be directed towards the Capital Improvement Project Reserve (CIPR) for planned projects. After these two uses, $310K remains from the potential un -audited operating surplus in FY 2023. Nevertheless, the City Council may revise its Financial Policies at any time and direct some or all of the General Fund surplus towards the Police Operations Building project. 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 the City Council in February of 2024.

Staff could also consider and evaluate the use of other available funding sources as outlined in the City’s approved CIP for Fiscal Year 2024 -28, as directed by the City Council.

Ultimately, when staff returns to the City Council with a recommended award strategy, financial changes (i.e., budget adjustments) will be required. With the November 7 City Council meeting, staff is hoping to gather input from the City Council that can be used in crafting a successful funding strategy. As currently scheduled, staff proposes that the City Council consider awarding the construction contract for the Police Operations Building on November 21.

FISCAL IMPACT

There is no fiscal impact associated with this item. Any and all associated financial recommendations will be included with the City Council approval to award the Police Operations Building construction contract.

19 Packet Pg. 435
Review Funding Options for Measure O Police Operations Building Page 7 of 7 Prepared by:

Todd Capurso, Public Works Director
Reviewed by:

Angelique Gaeta, Assistant City
Manager
Approved by:

Brian Loventhal, City Manager
19 Packet Pg. 436
City
Council
Report
TITLE: Council Committee Reports

RECOMMENDED ACTION
That the City Council report on activities from their committee assignments.

DISCUSSION
This is the section of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Subcommittees.

MAYOR BYBEE
Cities Association of Santa Clara County:

Board Representative
Legislative Action Committee and City Selection Committee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Finance Subcommittee
Friends of the Heritage Theater Liaison
Legislative Subcommittee
Silicon Valley Animal Control Authority Board (SVACA)
West Valley Mayors and Managers

VICE MAYOR LANDRY
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Education Subcommittee
Economic Development Subcommittee
Santa Clara Valley Water District County Water Commission Santa Clara County Library District JPA Board of Directors West Valley Clean Water JPA (Alt.)
West Valley Solid Waste Authority JPA (Alt.)
West Valley Mayors and Managers (Alt.)
Item: 20
Category: COUNCIL COMMITTEE

REPORTS
Meeting Date: November 7, 2023
20 Packet Pg. 437
Council Committee Reports Page 2 of 3

COUNCILMEMBER FURTADO
Advisory Commissioner Appointment Interview Committee
DCBA Liaison
Emergency Operational Area Council (EOAC)
Santa Clara County Emergency Operational Council (EOAC)** Silicon Valley Regional Interoperability Authority (SVRIA) West Valley Clean Water JPA
West Valley Sanitation District
West Valley Solid Waste Authority JPA

Association of Bay Area Governments (Alt.)
Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.)

COUNCILMEMBER LOPEZ:

Association of Bay Area Governments
Bay Area Quality Management District Board of Directors** Economic Development Subcommittee
Finance Subcommittee
League of Cities Peninsula Division Executive Committee** Legislative Subcommittee
Santa Clara County Housing and Community Development Advisory Committee Silicon Valley Clean Energy Finance and Audit Committee Valley Transportation Authority Board of Directors**

Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) Cities Association of Santa Clara County:

Board Representative (Alt.)
Legislative Action Committee and City Selection Committee (Alt.) Friends of the Heritage Theater Liaison (Alt.)
Santa Clara Valley Water District: County Water Commission (Alt.) Silicon Valley Clean Energy JPA Board of Directors (Alt.) West Valley Sanitation District (Alt.)

COUNCILMEMBER SCOZZOLA
Campbell Historical Museum & Ainsley House Foundation Liaison Education Subcommittee
Silicon Valley Clean Energy JPA Board of Directors
Valley Transportation Authority Policy Advisory Board

DCBA Liaison (Alt.)
Santa Clara County Housing and Community Development Advisory Committee (Alt.) Santa Clara County Library District JPA Board of Directors (Alt.)

**appointed by other agencies

20 Packet Pg. 438
Council Committee Reports Page 3 of 3

Prepared by:

Kristen Epolite, Deputy City Clerk

20 Packet Pg. 439
To: Honorable Mayor and City Council Date: November 7, 2023 From: Andrea Sanders, City Clerk
Subject: Desk Item 10 – Revised Resolution
T
he attached Resolution has been revised to ensure compliance with the City’s Purchasing Procedures (as defined in the Campbell Municipal Code), and also with the California Public Contracts Code, noting that a 4/5 vote is required for approval.

City of Campbell M

EMORANDUM
City Clerk’s Office

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN AGREEMENT WITH CUPERTINO ELECTRIC, INC., IN AN AMOUNT NOT TO EXCEED $197,801, TO PROVIDE EQUIPMENT AND LABOR SERVICES FOR THE COMMUNITY CENTER TRANSFORMER REPLACEMENT PROJECT (CIP NO. 23-AA), IN ACCORDANCE

WITH THE PROCEDURES SET FORTH IN CALIFORNIA PUBLIC CONTRACTS CODE (PCC) SECTIONS 21068, 22035, AND 22050, WHICH REQUIRE A 4/5 VOTE FROM THE GOVERNING BODY TO AWARD A CONTRACT FOR A PUBLIC PROJECT WORTH $200,000 OR LESS, AND

ALLOWS THE CITY TO DISPENSE WITH ITS FORMAL BIDDING PROCEDURES AS SPECIFIED IN CAMPBELL MUNICIPAL CODE (CMC) SECTION 3.20.050, AND 3.20.030(3)

FOR EMERGENCY SITUATIONS NECESSITATING SERVICES TO SAFEGUARD LIFE, HEALTH, AND/OR PROPERTY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE

SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE (CMC) SECTION

3.20.100.

WHEREAS, among the Campbell Community Center’s oldest mechanical systems are the electrical transformer, switch gear, and breakers that provide electrical power to Buildings A and B, the Heritage Theatre, and the Q-Wing classrooms; and

WHEREAS, installed approximately 70 years ago in the basement of Building A , many of the transformer’s components have become severely outdated and/or obsolete – causing the system to operate less efficiently and raising concerns for potential hazards due to its lack of critical safety features; and

WHEREAS, with repairs increasing in cost and frequency , a separate Capital Improvement Project was created in 2018 for the ultimate replacement of the transformer (Community Center Transformer Replacement, CIP Project No. 23-AA), with $200k allocated to the project’s budget; and

WHEREAS, between 2018 and 2019, staff collaborated with PG&E and Cupertino Electric to develop a scope of work and conduct studies to provide additional information for staff’s use during the planning and development stages; and

WHEREAS, in early 2020, the onset of the COVID-19 pandemic halted staff’s efforts as many of the City’s current (and upcoming) projects were put on hold due to the social distancing protocols; and

WHEREAS, as COVID restrictions were lifted in mid-2022, staff revisited its original project plans – contacting PG&E to evaluate the electrical load capacity for potential sites of the new transformer and Cupertino Electric for assistance with the design details of this new location; and

WHEREAS, in October 2023, while conducting routine meter readings in the basement of Building A, staff detected a crackling noise coming from the transformer and noticed one of its electrodes creating a small arc of electricity, prompting staff to immediately notify PG&E; and

WHEREAS, after performing an on- site assessment, PG&E advised staff to decommission the transformer as soon as possible to prevent a complete system failure and loss of power (electricity) to that area of the property; and

WHEREAS, with the threat of potential hazards and critical service disruptions , staff decided to expedite the implementation of the Transformer Replacement Project; and

WHEREAS, with specialized equipment and labor services needed to resume these efforts, staff re- contacted Cupertino Electric to request a proposal for the necessary services to complete the transformer replacement project in a timely and efficient manner; and

WHEREAS, the circumstances prompting staff’s request also permitted the dispensation of the City’s formal bidding procedures as specified in Campbell Municipal Code (CMC) § 3.20.030(3) wh ich authorizes this exemption when ‘an emergency situation creates a threat to the public health, safety or welfare that necessitates the suspension of the bidding procedures of Section 3.20.050’; and

WHEREAS, in response to the City’s request, Cupertino Electric submitted a proposal to provide the necessary labor and equipment to complete the site preparations and subsequent transformer installation, for a total contract amount of $197,801; and

WHEREAS, in accordance with the procedures set forth in California Public Contracts Code (PCC) Sections 21068, 22035, and 22050, a 4/5 vote from the agency’s governing body is required to award a contract for public projects totaling $200,000 or less; and

WHEREAS, based on the state’s requirements, staff recommends that the City Council approve an agreement with Cupertino Electric , in an amount not to exceed $197,801, to provide services as outlined in the proposed scope of work, and thereby expediting PG&E’s subsequent decommission of the old transformer; and

WHEREAS, sufficient funding is available in the City’s adopted CIP budget for: ‘Community Center Transformer Replacement (Project No. 23 -AA),’ to commence services during FY 2023/24 in accordance with the proposed agreement.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) approves an agreement with Cupertino Electric, Inc., in an amount not to exceed $197,801, to provide equipment and labor services for the Community Center Transformer Replacement P roject (CIP No. 23 -AA), in accordance with the procedures set forth in California Public Contract Code (PCC) Sections 21068, 22035, and 22050 which require a 4/5 vote from the governing body to award a contract for a public project worth $200,000 or less, and allows the City to dispense with its formal bidding procedures as specified in Campbell Municipal Code (CMC) Section 3.20.505, and

3.20.030(3) for emergency situations necessitating services to safeguard life, health, and/or property; and 2) authorizes 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: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
_________________________________
Anne Bybee, Mayor

A
TTEST:
___________________________
Andrea Sanders, City Clerk
To: Honorable Mayor and City Council Date: November 7, 2023 From: Andrea Sanders, City Clerk
Subject: Desk Item 10 – Letter from Reuben, Junius & Rose, LLP The att
ached letter and revised project plans have been submitted by representatives of Reuben, Junius & Rose, LLP relating to the property located at 570 E. Hamilton Ave.

City of Campbell ME

MORANDUM
City Clerk’s Office

Justin A. Zucker [email protected]
October 31, 2023 Delivered via Email ([email protected]) Campbell City Council c/o Andrea Sanders, City Clerk 70 N. First Street Campbell, California 95008 Re: 570 E. Hamilton Ave. | Appeal of Conditional Use Authorization Denial City Council Hearing Date: November 7, 2023 City File No.: PLN-2022-44 Our File No.: 11570.02 Dear Mayor Bybee and Council Members: This office is working with Au Energy, LLC (“Au”) the long-term lessor until 2046 of the property located at 570 E. Hamilton Avenue (the “Property”). Au proposes to redevelop and modernize the Property, by installing four, double-sided fueling dispensers (reduction from six existing), a fuel canopy, electric vehicle (“EV”) charging stations, a self-service carwash, an expanded convenience store, and accompanying parking, with extensive site and landscaping improvements including signage (collectively, the “Project”). The existing automotive service station has operated since 1983 pursuant to a Conditional Use Permit1 and is dated for a prominent City corner gateway. On June 27, 2023, the Planning Commission considered and denied Au’s application for the Project. The Project is consistent with the applicable 2001 General Plan policies, and we urge approval. Au appreciates having received feedback and working collaboratively with the City of Campbell to tailor the Project. Responding to comments, Au is adding a “City of Campbell” welcome sign, second entrance at corner, decorative pavers and landscaping, and EV stations. Revised plans are enclosed as Exhibit A. The Project will benefit the wider Campbell community and neighborhood by providing a new, 24-hour convenience store and essential services, including gas service, EV charging, and carwash. It will be the first dual gas and carwash service station in Campbell. The Project will provide a visual, landmark gateway for motorists and passersby announcing their arrival in Campbell, welcoming them into the community with high quality design and materials. Au urges the City Council to approve the Project as modified. 1 In 2016, the Campbell’s Planning Commission approved a Conditional Use Permit to formalize the longstanding 24-hour service station operations at the Property.

Campbell City Council October 31, 2023 Page 2 of 7
/Volumes/reubenlaw/Shared/R&A/1157002/Appeal/570 Hamilton - Appeal Opposition Ltr. (2023.10.30).docx A. PROJECT DESCRIPTION AND PROJECT SITE The Property is located at the southwest corner of the intersection of E. Hamilton and Salmar Avenues and State Route 17. Though the existing service station was originally permitted in 1983, the gasoline storage tanks date to the 1960s, indicating that the Property has been a refueling site for over sixty years. Under the City’s General Plan as adopted in 20012, the Property is classified as General Commercial and “permits commercial uses that need exposure to high volumes of automobile traffic or access to transit corridors.”3 The 2001 General Plan also identifies the Property as a city entry gateway.4 Currently, the Property features a Shell gasoline service station containing six double-sided fuel dispensers and an 867 square foot convenience store, all covered by a fuel canopy. The Property has limited landscaping improvements with parking spaces located along the southern edge of the Property. Surrounding uses include an office supply store and other retail, and an educational institution south of the Property. The Project proposes four double-sided dual dispensers, an expanded 2,387 square foot convenience store on the north side, and a self-service carwash tunnel on the south side. The Project will also include new parking stalls with EV charging stations, site lighting, extensive landscaping with trees and underplanting, and self-service air, water, and vacuum units. In response to comments received from the City, the following changes have been incorporated: • City Welcome Sign Added. A City of Campbell monument sign has been added at the corner of Hamilton and Salmar Avenues; it will be prominently visible, creating a welcoming gateway for people as they exit State Route 17 or pass through the area; • Corner Entrance Added. The convenience store layout was adjusted to allow a second entrance at the corner of Hamilton and Salmar Avenues, activating the corner; • EV Chargers Added. All parking spaces adjacent to the convenience store, except the ADA one, have EV chargers to balance the goals of envisioned electric car expansion; • Landscaping and Hardscaping Upgrades. More trees and drought tolerant landscaping have been incorporated along both frontages and decorative concrete paving used at building entries; and • Brick Veneer with Double Soldier Course. The project will utilize brick veneer with three double soldier courses for texture to break up the mass and add visual interest. B. STANDARD FOR APPROVING CONDITIONAL USE PERMIT Chapter 21.46 of the Campbell Municipal Code establishes the standard used to determine whether a Conditional Use Permit may be approved.5 Either the Planning Commission, or if the 2 Pursuant to Campbell Municipal Code section 21.01.050.E, Au ’s application for the Project was deemed “complete” effective January 17, 2023. Therefore, the Project is subject to the requirements of the City’s General Plan as adopted on November 6, 2001, rather than the City’s 2040 General Plan as adopted on April 18, 2023. 3 Campbell General Plan, LUT-7. 4 Id. at LUT-28. 5 Campbell Municipal Code § 21.46.040 et seq.

Campbell City Council October 31, 2023 Page 3 of 7
/Volumes/reubenlaw/Shared/R&A/1157002/Appeal/570 Hamilton - Appeal Opposition Ltr. (2023.10.30).docx matter is on appeal, the City Council, must find that the project: (1) is permissible in the applicable zoning district and complies with all other sections of the Campbell Zoning Code and Municipal Code; (2) is consistent with the General Plan; (3) is located on a site with adequate size and shape to accommodate development features such as fences, walls, and landscaping required to integrate the use into its surrounding uses; (4) is located on a site that is adequately served by surrounding streets with sufficient capacity; (5) will be compatible with future and existing uses with respect to “design, location, size, and operating characteristics;” and (6) will not be “detrimental to the comfort, health, morals, peace, safety, or general welfare” of nearby residents, workers, property, improvements, or the City.6 Planning Department staff determined the proposed Project complies with all relevant requirements set forth in Chapter 21.46 except for the requirement that the Project comply with the General Plan.7 Therefore, the issue is whether the proposed Project complies with the General Plan as adopted in 2001.8 C. AU’S ARGUMENTS REGARDING CONDITIONAL USE APPROVAL Au sets forth the following five arguments to support its appeal of the Project denial, specifically addressing points raised in the staff report, and the Project’s compliance with the General Plan as adopted in 2001. 1. The Property’s 2016 Conditional Use Permit was Consistent with the 2001 General Plan. The staff report claims the Project is inconsistent with various policies the City adopted through its 2001 General Plan update.9 Specifically, planning staff found that the project was inconsistent with the City’s Gateway Policy, transit-supporting policy, and design and architecture policies. These findings, however, are at odds with the City’s previous Conditional Use Permit approval for the Property in 2016 which found no inconsistencies with the General Plan. Au believes that the City correctly determined that the Property’s use as a service station was consistent with the 2001 General Plan in 2016, and therefore the City Council should find the Project as currently proposed is also consistent with the 2001 General Plan. The Project as proposed is substantially similar to the existing legal use. In 2016, the Property received a use permit for a 6-pump service station with 24-hour retail and ancillary parking. The Project will only include 4-pumps but will expand its retail footprint and add complementing amenities such as carwash and EV charging stations. These new uses complement the Property’s existing use as a service station and, because they do not substantially depart from the Property’s current use, are no less consistent with the General Plan than that approved in 2016. 6 Id. 7 Staff Report, pgs. 4, 9-11. 8 Although the City Council Staff Report indicates the Project’s “design, location, size, and operating characteristics” is incompatible with existing and future land uses, the report later confirms this requirement is “not applicable” to the Project. Id. at 10. 9 Id. at pgs. 4, 9-11.

Campbell City Council October 31, 2023 Page 4 of 7
/Volumes/reubenlaw/Shared/R&A/1157002/Appeal/570 Hamilton - Appeal Opposition Ltr. (2023.10.30).docx Staff asserts that a vehicle-oriented activity at the Property is inconsistent with the General Plan.10 The Property, however, has a General Commercial General Plan land use designation. This land use designation supports uses that require high vehicular exposure, such as a service station. The General Plan envisions a use such as the proposed use at this particular location and the Project is not inconsistent with the 2001 General Plan. The Project as revised with the above-referenced changes creates a gateway to the City with a strong sense of arrival, especially for those exiting off State Route 17. 2. Project reduces vehicle trip intensity at site and citywide. Planning Commission Concern: “[A]llowing new investment into the continuation of a gasoline station would be inconsistent with the purpose and trajectory of State and Federal policy.” Au ’s Response: General Plan Policy LUT-1.2c provides that the City should “[s]upport Federal, State, and local legislation to reduce motor vehicle emissions, noise, and fuel consumption in the region.”11 Planning Department staff notes recent Federal and State programs intended to encourage the widespread use of EVs and claimed that the Project was inconsistent with those policies.12 The Project also promotes the use EVs. By adding EV charging stations, the Project expands the City’s greater EV infrastructure. The Project is mixed-use and achieves goals and policies of the 2001 General Plan. The Project will encourage EV usage while reducing emissions from gasoline powered cars by reducing the intensity of gasoline pumps from six to four and adding EV charging stations. Maintaining some gasoline pumps, however, will help ensure that Campbell maintains adequate gas service to support its population’s transportation needs, especially its workforce that largely relies on private automobile, as the City and its residents transition to cleaner modes of transportation. In addition, the Project will be the City’s only dual gas service and carwash station. Rather than having to drive to multiple places for refueling and car washing, patrons will have a one-stop option saving travel, resulting in greater energy efficiency and lower greenhouse gas emissions from less vehicular miles traveled. 3. Project will adhere to General Plan policies on building materials and design, adding a strong visual Gateway in the neighborhood. Planning Commission Concern: “The proposed project fails to achieve these goals because a service station/convenience market cannot be sufficiently designed as a landmark building. A service station/convenience market lacks the necessary building scale and potential for architectural exceptionalism envisioned for landmark gateway buildings. Fundamentally, a service station cannot fulfill the architectural or place-making aspirations for a major City gateway as envisioned by the General Plan.” 10 Staff Report, pg. 13. 11 Campbell General Plan, LUT-1.2c. 12 Staff Report, pg. 9.

Campbell City Council October 31, 2023 Page 5 of 7
/Volumes/reubenlaw/Shared/R&A/1157002/Appeal/570 Hamilton - Appeal Opposition Ltr. (2023.10.30).docx Au ’s Response: Au intends for the Project to be aesthetically pleasing, complimentary to the surrounding built and natural environments, and in keeping with the City’s policy of promoting “gateways” into Campbell.13 Au has taken the comments received from the City to heart and redesigned the convenience store layout. An additional entrance at the southwest corner of the Hamilton and Salmar Avenues has been added along with a City of Campbell welcome sign. This will provide a welcoming, pedestrian friendly entrance to the convenience store directly from the sidewalk and create a gateway with sense of arrival for passersby, especially those exiting State Route 17. Regarding building materials, Au proposes utilizing a brick veneer typically used in modern construction. Three double soldier courses will be included to create texture to the building’s façade, breaking up the massing. At the entrances, decorative concrete paving will be used. Placing the convenience store at the north end of the Property advances the Commercial Zoning District’s purpose to “enhance the visual image of the city through good design and appropriate structure placement.”14 4. Project provides valuable neighborhood services required by residents. Planning Commission Concern: “[T]he proposed continued use of the property as a service station is also in conflict with General Plan policy pertaining to complementing land use with the regional transportation system and allowing higher intensity development near light rail, as stated by Policy LUT-1.5 and Strategy LUT-1.5a, and Strategy LUT-1.5d, respectively, and within the Priority Development Areas (PDA) per Strategy LUT-2.11.” Au ’s Response: Although Campbell’s 2001 General Plan embraces policies promoting public transit oriented public planning, it also prescribes that “in making land use decisions, the City’s decision makers must consider which land uses will best serve the public interest.”15 Campbell needs service stations and auto-oriented accommodations to serve the community’s present needs and public interest. According to data from the United States Census Bureau’s American Community Survey, the majority of Campbell workers over the age of 16 have two vehicles available, and 77% of workers in Campbell currently rely on automobiles for transportation to work.16 By contrast, only 1.7% of Campbell workers currently utilize public transportation to commute.17 Yet, with a population of 43,959 (as of the 2020 Census) across 6.35 square miles, Campbell has approximately nine gasoline service stations, including the Property, or approximately one service station per 4,884 residents.18 Service stations in Campbell are 13 Campbell General Plan, LUT-28. 14 Campbell Zoning Code, § 21.10.010.A.3. 15 Campbell General Plan, LUT-3. 16 United States Census Bureau, MEANS OF TRANSPORTATION TO WORK BY SELECTED CHARACTERISTICS; CAMPBELL, CALIFORNIA EXPLORE CENSUS DATA, https://data.census.gov/table/ACSST5Y2021.S0802?q=Campbell%2Bcity%2C%2BCalifornia&moe=false&p=false (last visited Sep 30, 2023). 17 Id. 18 United States Census Bureau, QUICKFACTS CAMPBELL CITY, CALIFORNIA, https://www.census.gov/quickfacts/fact/table/campbellcitycalifornia/POP010220#POP010220 (last visited Sep 30, 2023).

Campbell City Council October 31, 2023 Page 6 of 7
/Volumes/reubenlaw/Shared/R&A/1157002/Appeal/570 Hamilton - Appeal Opposition Ltr. (2023.10.30).docx essential to the community’s workforce. Although the City’s General Plan policies emphasize improving public transportation services, the City must balance these long-term objectives with policy choices designed to accommodate the present needs of residents and workers. The Project will help Campbell strike the appropriate balance by providing a mix of neighborhood services to a variety of Campbell residents and workers in one location. This includes amenities for motorists such as a service station with added EV charging and self-service carwash. But, in addition to serving motorists, the Project’s new convenience store will also serve pedestrians and public transit users by offering an assortment of pre-packaged food items, refreshments, and some alcoholic beverages for purchase. Currently, no other retail storefront in Campbell features all these amenities in one location. Longer term, after Au’s service station lease expires in 2046, there are opportunities for redevelopment of the Property. While residential/apartment use is currently neither principally nor conditionally permitted in the C-2 Zoning District,19 it may be in the future. The Project would not preclude future redevelopment of the Property with a sizable mixed-use residential building. The Property’s southern portion, comprising the fuel canopy and carwash, can be replaced a mixed-use residential building. A seven-story, approximately 59,500 square foot (85’ by 100’) mixed-use residential building could be built while retaining the convenience store and EV charging stations. (See Sheet SD.) While current zoning only permits a seventy-five-foot height, utilization of the State Density Bonus Law could allow for a taller and larger building. 5. Project is environmentally efficient. When completed, the Project will provide Campbell with the City’s first self-service gas station and carwash combination. Currently, Campbell only has two full-service carwashes to serve its local needs. Adding a combination gas station and carwash to the city will serve local needs while reducing the number of vehicle miles driven as motorists can refill and wash their cars at one convenient location. Creating a new carwash will also aid the City’s efforts to reduce total water consumption because carwashes use recycled water and are more efficient than individuals washing their car(s) by hand at home. Approving the Conditional Use Permit for the project will provide environmentally conscientious accommodations for Campbell resident’s needs and serve the public interest. D. CONCLUSION Based on the foregoing and the substantial evidence in the record, we urge the Campbell City Council to approve this Conditional Use Permit. The Project does not substantially depart from the previous approved 2016 Conditional Use Permit for use as a 24-hour service station. The Project, with its well-designed and strategically placed buildings and City of Campbell welcome sign, creates a gateway landmark. The Project provides a sense of arrival for passersby and a mix of essential neighborhood services that the Campbell community currently requires. 19 Campbell Zoning Code, § 21.10.050.

Campbell City Council October 31, 2023 Page 7 of 7
/Volumes/reubenlaw/Shared/R&A/1157002/Appeal/570 Hamilton - Appeal Opposition Ltr. (2023.10.30).docx If you have any questions, please do not hesitate to contact me at [email protected] or by phone at 415.567.9000. Very truly yours, REUBEN, JUNIUS & ROSE, LLP Justin A. Zucker cc: Au Energy, LLC (via email only [email protected]) Enclosures: Exhibit A – Revised Plans

EXHIBIT A

D

NOPARKING EV CHARGINGONLYNOPARKINGEV CHARGINGONLYEV CHARGINGONLYEV CHARGINGONLYEV CHARGINGONLYEV CHARGINGONLYEV CHARGINGONLY

HAMILTON AVENUE
SALMAR AVENUEM I Architects, Inc.NOT FORCONSTRUCTIONSHELL MOBILITY STATIONCONVENIENCE STORE & CARWASH570 E. HAMILTON AVENUECAMPBELL, CA SD1 1 SITE PLAN

SITE PLAN LEGEND

M I Architects, Inc.NOT FORCONSTRUCTIONSHELL MOBILITY STATIONCONVENIENCE STORE & CARWASH570 E. HAMILTON AVENUECAMPBELL, CA A2.1

A SOUTH ELEVATION

B EAST ELEVATIONCOLOR & MATERIAL NOTES
M I Architects, Inc.NOT FORCONSTRUCTIONSHELL MOBILITY STATIONCONVENIENCE STORE & CARWASH570 E. HAMILTON AVENUECAMPBELL, CA A2.2

A NORTH ELEVATION

B WEST ELEVATIONCOLOR & MATERIAL NOTES
D

NOPARKING EV CHARGINGONLYNOPARKINGEV CHARGINGONLYEV CHARGINGONLYEV CHARGINGONLYEV CHARGINGONLYEV CHARGINGONLYEV CHARGINGONLY

HAMILTON AVENUE

SALMAR AVENUE
M I Architects, Inc.SHELL GAS STATIONCONVENIENCE STORE & CARWASH570 E. HAMILTON AVENUECAMPBELL, CA LA1

VICINITY MAP
PROJECTSITE17CALIFORNIA
1 LANDSCAPE PLANPLANTING NOTES

PLANTING LEGEND
Landscape ArchitectureUrban Design
200 Clock Tower Place
Tel 650 326 6100a s s o c i a t e [email protected] CiardellaSuite D100-ACarmel, CA 93921Tel 831 624 6100

D

NOPARKINGEV CHARGINGONLYNOPARKINGEV CHARGINGONLYEV CHARGINGONLYEV CHARGINGONLYEV CHARGINGONLYEV CHARGINGONLYEV CHARGINGONLY

NOPARKING

HAMILTON AVENUE
SALMAR AVENUEM I Architects, Inc.NOT FORCONSTRUCTIONPROPOSED 7-STORY RESIDENTIAL BUILDING570 E. HAMILTON AVENUECAMPBELL, CA SD1 FUTURE 2046 SITE PLANSITE PLAN LEGEND
To: Honorable Mayor and City Council Date: November 6, 2023 From: Andrea Sanders, City Clerk
Subject: Desk Item 14 – Correspondence
T
he attached letter was received by the City Clerk’s Office from the 570 E. Hamilton Avenue project applicant, regarding Agenda Item 14.

City of Campbell M

EMORANDUM
City Clerk’s Office

Deliveredviaemail (clerksoffi[email protected])
Campbell CityCouncilc/oAndreaSanders, CityClerk70N. FirstStreetCampbell, California95008 Re: 570E. HamiltonAve. | Appeal of Conditional UseAuthorizationDenialCityCouncil HearingDate: November7, 2023CityFileNo.: PLN-2022-44OurFileNo.: 11570.02 DearMayorBybeeandHonorableCouncil Members:

I amreachingouttoyouinmycapacityasabusinessownerinCampbell, asmycompanyoperatestheShell stationat570E. HamiltonAvenue. Wearealocal,family-runbusinessoperatingseveral otherstationsthroughouttheBayArea,includinglocallyat5801 SilverCreekRoad. I’mproposingareconstructionof theShell stationthatwouldsignificantlybenefittheCampbell community, andI amhopeful thatwecanworktogethertomakethisproposal oneyouwill support.

Ourproposal wouldleadtokeyimprovementsforCampbell residentsandvisitors:bettertrafficflowattheintersection, anenhancedandsafercustomerexperience,theinstallationof EVchargingstations, adherencetonewADAstandards, andabeautifiedsite.

Asyouknow, ourproposal wasrecommendedfordenial byCitystaff andsubsequentlydeniedbythePlanningCommissionearlierthisyear. Andwhilethatwascertainlynottheoutcomewewanted, wedoappreciatethetimebothstaff andthecommissionerstooktoconsiderourproject.

WeunderstandthatCitystaff’sprimaryissuewithourproposal pertainstothecontinueduseof oursiteasagasstation, whichisclearlyatoddswithwhatwearetryingtoachieve. Wearecommittedtoremainingapartof theCampbellcommunity, andasoneof onlyninegasstationsinCampbell, webelieveweareneeded. Campbell hasapopulationof 42,891. Of that, itisestimatedthat23,685areworkerswiththeoverwhelmingmajoritystill travelingtoworkbycar, truckorvan.Yes, thefuturewill lookverydifferent, butwearetalkingaboutbetteringsomethingthatisstill neededtoday. ThatiswhyI signeda23-yearleasetocontinueoperatingatthislocationandwhyI amdedicatedtoinvestinginitsimprovement.

That said, while it is our hope to continue operating our gas station for the foreseeable future, we do understand the long-term vision for the City and its desire to see something else on this site. For that reason, we spent time working on a 2046 site plan, which illustrates how the site could look in the future – retaining the improved convenience market we are proposing and incorporating a residential building where the canopy currently exists. Approving the continued use and improvement of my gas station today does not prohibit it from becoming something else one day.

Lastly, I worked closely with my team to address every other concern expressed by the Planning Commission and in the staff report, resulting in an updated design plan that I’m excited to share and hope you will endorse.

In the updated plan, we’ve made the following changes:
● Revised the interior layout of the store to incorporate an entrance facing the street intersection that will include a Welcome to Campbell sign, and we’d be happy to work with a local artist or the Civic Improvement Commission on its design.
● Added EV charging stations to every parking stall in front of the store, except for the ADA parking stall.
● Incorporated California native planting materials and trees and drought tolerant landscaping along both frontages (for the entire property) and decorative concrete paving used at building entries and walkways. ● Added double soldier courses to brick veneer, breaking up building mass and creating more visual interest.

All of these modi fications were made following feedback from the City, and we firmly believe they have made this a better project.

My hope is that you will work with us to make this project a win for everyone. I am coming to you as a business owner looking to improve my property and create a better experience for the Campbell community.

Thank you for your time and consideration. We hope you’ll support our proposal to improve this property and uphold our appeal.

Best regards,
Sunny Goyal
To: Honorable Mayor and City Council Date: November 3, 2023 From: Andrea Sanders, City Clerk
Subject: Desk Item 15 – Redlined Ordinance
T
he Ordinance included with agenda item 15 is the proposed final version. The purpose of this desk item is to provide the redlined Ordinance reflecting the changes that are proposed.

City of Campbell M

EMORANDUM
City Clerk’s Office

Ordinance No. _____

BEING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPT ING URGENCY REVISIONS TO TITLE 21

RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS TO CONFORM WITH COMPLIANCE

FINDINGS OF THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT (HCD).

WHEREAS, on June 30, 2023, the City of Campbell received a letter from the California Department of Housing and Community Development (HCD) providing written findings pursuant to Government Code 65852.2(h) identifying certain section(s), subsection(s), sentence(s), clause(s), and/or phrase(s) of the City's a ccessory dwelling unit ordinance that do not comply with State law;

WHEREAS, on July 27, 2023, the Community Development Director transmitted a letter in response to HCD's written findings, within the 30- day period provided by the statute, acknowledging a need to amend the City's accessory dwelling unit ordinance, and requesting additional clarification and information;

WHEREAS, as of the date of this interim ordinance, the City of Campbell has yet to receive a written response from the HCD regarding the requested additional clarification and information;

WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the HCD's written findings in that the City’s local accessory dwelling unit ordinance is no longer consistent with Government Code Sections 65852.2 and 65852.22, rendering the City's ordinance null and void, thereby limiting the City to applying the few default statutory standards provided in the aforementioned Government Code sections for the approval of accessory dwelling units and junior accessory dwelling units.

WHEREAS, the City is undertaking a study to development permanent zoning standards to conform its current zoning code provisions to conform to the HCD's written findings, which shall be completed within a reasonable time, not to exceed 23 months from the adoption of this interim ordinance.

WHEREAS, the City seeks to avoid any conflicts with the contemplated permanent zoning standards implementing State law.

WHEREAS, pursuant to Section 65858 of the Government Code and Section

21.60.090 of the Campbell Municipal Code, the City Council may take appropriate action to adopt urgency measures as an interim ordinance.

WHEREAS, the approval of accessory dwelling units and junior accessory dwelling units based solely on the few default statutory standards of the California Government Code, without local regulations governing height, setback, landscape, and architectural

review, among other things, would threaten the character of existing neighborhoods, negatively impact property values, personal privacy, fire safety, and create confusion that would hinder the creation of accessory dwelling units and junior accessory dwelling units within the community.

WHEREAS, in consideration of the foregoing findings, the City Council further finds that there is a current and immediate threat to the public health, safety, or welfare, justify adoption of this interim ordinance on an urgency basis to be effective immediately upon adoption by a four-fifths vote of the City Council.

WHEREAS, adoption of this interim ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resource Code Section 21080.17 which exempts the adoption of an ordinance by a city or county to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code relating to the construction of accessory dwelling units.

WHEREAS, the City Council finds and determines that the proposed interim ordinance would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and is internally consistent with other applicable provisions of the Campbell Municipal Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1 (PURPOSE) : This interim ordinance adopts urgency revisions to Chapter

21.23 (Accessory Dwelling Units) and related sections of the Campbell Municipal Code in compliance written findings provided by the California Department of Housing and Community Development (HCD).

SECTION 2 (APPLICABILITY) : This interim ordinance is applicable to the creation of accessory dwelling units and junior accessory dwelling units, including such units that are created as part of a "SB -9 proposed housing development " pursuant to Chapter 21.25 (Two-Unit Housing Developments).

SECTION 3 (URGENCY REVISIONS – Chapter 21.23) : Chapter 21.23 (Accessory Dwelling Units) of the Campbell Municipal Code is hereby amended as set forth. Additions are indicated by underlined text and deletions are indicated by strikethrough (strikethrough) text.

Chapter 21.23 ACCESSORY DWELLING UNITS

21.23.010 Purpose.

This Chapter provides for the establishment of accessory dwelling units and junior accessory dwelling units, in compliance with Article 2 (Zoning Districts), the California Government Code, and the California Building Code (CBC). The purpose of permitting accessory dwelling units and junior accessory dwelling units is to allow more efficient use of the City's existing housing stock and to provide the opportunity for the development of small rental housing units designed to meet the housing needs of individuals and families, while preserving the integrity of residential neighborhoods. It is not the intent of this

Chapter to override any lawful use restrictions as may be set forth in Conditions, Covenants, and Restrictions (CC&Rs)
( Ord. No. 2252 , § 7, 11-19-2019)

21.23.020 Minimum Standards for Eligibility.

One accessory dwelling unit and one junior aA c cessory dwelling unit s pursuant to this Chapter may be constructed on parcels satisfying all of the following minimum standards:

A. Zoning district. A parcel located within a residential or mixed- use zoning district as specified by Chapter 21.08 (Residential zoning districts) and Chapter 21.11 (Mixed-used districts), respectively, or in the P-D (Planned Development) Zoning District on a parcel with a General Plan land use designation that directly corresponds to a residential zoning or mixed-use district as specified by Section

21.04.020, Table 2-1.

B. Dwelling unit. A parcel that is presently developed with at least one lawfully constructed primary dwelling unit or that will be developed with a primary dwelling unit in conjunction with the creation of an accessory dwelling unit. For the purposes of this Chapter, a primary dwelling unit shall only include a proposed or existing detached singl e-family dwelling , inclusive of detached small-lot single-family dwellings and townhouses, except for accessory dwelling units constructed on multi -family resident ial properties pursuant to Section

21.23.050 (Special Provisions for Multi-family Residential Properties).

C. M inimum lot area. No minimum lot area is required for creation of an accessory dwelling unit or junior accessory dwelling unit.

D. Legal parcel. A parcel which has been legally created in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.) and Title 20 of the Municipal Code (Subdivision and Land Development), as applicable at the time the parcel was created. The City Engineer may require a certificate of compliance to verify conformance to this requirement.

21.23.022 Maximum Number of Accessory Dwelling Units Permitted on Single - Family Residential Properties.

Any of the following accessory dwellings units on single- family residential properties are allowed by this Chapter:

A. Standard accessory dwelling units. Any one (1) of the following accessory dwelling units per lot may be created with a proposed or existing single-family dwelling:

1. Interior accessory dwelling unit; or

2. Attached accessory dwelling unit; or

3. Detached accessory dwelling unit.

B. Statewide Exemption Accessory Dwelling Unit. In addition to the above, a property with an existing or proposed single family dwelling may additionally construct or create one (1) of the following types of accessory dwelling units in accordance with Section 21.23. 027 (Special Provisions for Statewide Exemption Accessory Dwelling Units), if the unit meets the definition of a statewide exemption accessory dwelling unit:

1. Interior accessory dwelling unit; or

2. Detached accessory dwelling unit.

21.23.025 Maximum Number of Accessory Dwelling Units Permitted on Multi-Family Residential Properties.

Any of the following accessory dwellings units on multi-family residential properties are allowed by this Chapter:

A. Standard accessory dwelling units. A multi -family residential property with an existing or proposed multi-family dwelling can construct or create either or both of the following types of accessory dwelling units in accordance with Section

21.23.050 (Special Provisions for Multi-family Residential Properties).

1. Detached accessory dwelling unit. A maximum of two (2) detached accessory dwelling units are allowed on a lot that has an existing or proposed multifamily dwelling subject to the standards, requirements, and restrictions of this Chapter.

2. Interior accessory dwelling unit. A minimum of one (1) accessory dwelling unit and up to one (1) accessory dwelling unit for every four (4) dwelling units within an existing multifamily dwelling structure(s) are allowed to be created by the conversion of existing non-livable space(s), including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, carports, or garages, provided that the dwellings comply with the California Building Code.

B. Statewide Exemption Accessory Dwelling Unit. A property with an existing or proposed multi-family dwelling can construct or create one (1) of the above types of accessory dwelling units in accordance with Section 21.23.027 (Special Provisions for Statewide Exemption Accessory Dwelling Units), if the unit meets the definition of a statewide exemption accessory dwelling unit.

21.23.027 Special Provisions for Statewide Exemption Accessory Dwelling Units.

This se ction provides exceptions to the requirements of this Chapter pursuant to Government Code Section 65852.2, as interpreted by the California Department of Housing and Community Development.

A. Applicability. This section applies to statewide exemption accessory dwelling units as defined, below. This section shall not be construed as to allow an

exceedance of development standards for any other type or form of accessory dwelling unit. A parcel eligible for an accessory dwelling unit under Section

21.30.020 (Minimum Standards for Eligibility) can exercise this section to develop one (1) statewide exemption accessory dwelling unit. All other accessory dwelling units must adhere to the standards specified in the remaining sections of this chapter.

B. Defined. A statewide exemption accessory dwelling unit is an attached, detached, or interior accessory dwelling unit with living area no larger than eight hundred (800) square feet, with rear and interior side setbacks not less than four (4) feet, and height not exceeding:

1. Detached accessory dwelling units. Eighteen (18) feet; or

2. Attached or interior accessory dwelling units. Twenty-five (25) feet or the height limitation of the applicable zoning district, which ever is lower.

C. E xemptions . Statewide exemption accessory dwelling units shall be exempt from the following development standards and requirements:

1. With proposed or existing primary dwelling. Except as set forth in subparagraphs 2.a through 2.c below, a statewide exemption accessory dwelling unit on a lot with a proposed or existing primary dwelling shall be exempt from all development standards that would otherwise be required by this Title;

2. Development and design standards. The otherwise required (1) front setback, (2) building separation, (3) floor area ratio, (4) lot coverage, (5) open space, and (6) design requirements specified by Section 21.23.030 (Accessory dwelling unit development standards), or (6) any unit size requirements other than set forth in this section shall not apply, except as follows:
a. To ensure adequate site visibility for pedestrian and vehicular safety, a statewide exemption accessory dwelling unit shall not be constructed or placed within the triangular areas of a property as depicted in Figures 3-1 and 3-2 of Section 21.18.060 (Fences, walls, lattice and screens).
b. In no circumstance shall a statewide exemption accessory dwelling unit be placed within an existing sidewalk or public utility easement.
c. When a statewide exemption accessory dwelling unit is attached to a primary dwelling unit or to a garage or carport, these exemptions shall only apply to that portion of the structure that is occupied by the living area of the accessory dwelling unit.

3. Historic properties. The design and placement requirements specified by Section 21.23.060 (Special provisions for historic properties) shall not apply.

4. Tree preservation. The tree preservation requirements of Chapter 21.32 (Tree Protection Regulations) shall not apply when the critical root zone of a protected tree is located within the building footprint of a statewide exemption accessory dwelling unit.

D. Review. An application for a s tatewide exemption accessory dwelling unit shall also be exempt from any requirement for a zoning clearance or separate zoning review as otherwise required by Section 21.23.080 (Approval process).

E. Restriction. A statewide exemption accessory dwelling unit permitted under this section shall not be allowed to expand the living area beyond 800 square feet, unless and until all of the provisions of this Chapter that apply to accessory dwelling units that do not qualify as a Statewide Exemption Accessory Dwelling unit have been satisfied. The community development director may require recordation of a deed restriction documenting this restriction.

21.23.030 Accessory Dwelling Unit Development Standards.

An accessory dwelling unit shall be constructed only in accordance with the following dev
elopment standards, except as provided by Section 21.23.02765 (Special Provisions for Statewide Exemption Accessory Dwelling Units):

A. G eneral requirements. Creation of an accessory dwelling unit shall comply with all applicable land use permit, general performance, site development, landscaping, flood damage prevention, and tree protection standards specified by this Title. The requirements for accessory structures found in Section 21.36.020 (Accessory structures) do not apply to accessory dwelling units.

B. P
lacement. Detached Accessory dwelling units may be located in front of, to the side of, within, or behind the primary dwelling unit, and shall conform to the setback standards specified by Tale 3-1.

C. Open space. Except as provided for Statewide Exemption A ccessory Dwelling Units, Creation creation of an accessory dwelling unit shall not reduce the required open space to less than that specified by the applicable zoning district and/or area or neighborhood plan. In the case of a parcel within the P -D (Planned Development) Zoning District the required private open space shall be equal to the standard provided by the zoning district that directly corresponds to the parcel's General Plan land use designation as specified by Section 21.04.020, Table 2-1 (Zoning Districts and General Plan Designations).

D. Floor area ratio and lot coverage. Except as provided for Statewide Exemption Accessory Dwelling Units, Ccreation of an accessory dwelling unit shall comply with the maximum floor area ratio and maximum lot coverage as specified by the applicable zoning district and/or area or neighborhood plan. In the case of a parcel within the P-D (Planned Development) zoning district the maximum floor area ratio and maximum lot coverage shall be equal to the standards provided by the zoning district that directly corresponds to the parcel's General Plan land use designation as specified by Section 21.04.020, Table 2-1 ( Zoning Districts and General Plan Designations).

E. Setbacks. Except as provided for Statewide Exemption Accessory Dwelling Units, An an accessory dwelling unit shall conform to the setback standards specified by Table 3-1, below:

Table 3-1 — Setback Standards

Setback (1)
Requirement (2)
Detached ADUs Interior and
Attached ADUs
Property Line
Setbacks
Front
The same standard as
for the primary dwelling
unit The same standard as
for the primary dwelling
unit
Interior Sides 4 feet Rear
Street Side 124 feet (3)
Separation from
Primary Dwelling Unit
If located in front of the
primary dwelling unit 10 feet
Not applicable
If located behind the
primary dwelling unit
If located to the side of
the primary dwelling
unit
5 feet
Separation from
Accessory
Structure(s)
If located in front of the
accessory structure 10 feet As specified by Section

21.36.020 (Accessory
structures)
If located behind the
accessory structure
If located to the side of
the accessory structure 5 feet
Exceptions:
(1) Cornices, eaves, sills, canopies, bay windows, or other similar architectural features may extend into required setbacks and building separation distances as specified Section 21.18.040.B.1. (2) No setback shall be required for an existing accessory structure that is converted (in whole or in part) to an accessory dwelling unit, nor for an accessory dwelling unit created within the existing space of a primary dwelling unit provided that the existing side and rear setbacks are sufficient for fire safety . (3) In order to ensure adequate site visibility for pedestrian and vehicular safety, in no circumstance shall an accessory dwelling unit be constructed or placed within the triangular areas of a property as depicted in Figures 3-1 and 3-2 of Section 21.18.060 (Fences, walls, lattice and screens).

F. Minimum living area. The minimum living area for all accessory dwelling units shall be one hundred fifty square feet, subject to the restrictions specified by Health and Safety Code Section 17958.1.

G. M
aximum size. The maximum floor area for a detached accessory dwelling unit shall be one thousand two hundred square feet, except for a unit contained within the existing space of an accessory structure, which is limited to the existing size of the accessory structure. An accessory dwelling unit shall conform with the following size maximums:

1. Detached accessory dwelling units. The maximum floor area for a detached accessory dwelling unit shall be one thousand two hundred (1,200) square feet.

2. Attached accessory dwelling units. The maximum living area for an attached accessory dwelling unit shall not exceed fifty percent of the living area of the primary dwelling unit, except that a minimum allowable living area of eight hundred and fifty (850) square feet shall be permitted for a studio or one-bedroom unit, and one thousand (1,000) square feet shall be permitted for an accessory dwelling unit that provides two or more bedrooms.

3. Interior accessory dwelling units. There shall be no prescribed size maximums imposed upon interior accessory dwelling units.

H. Allowable rooms. An accessory dwelling unit shall contain one kitchen facility , as defined in Chapter 21.72 (Definitions), no more than one living room (defined as a habitable room with an area not less than one hundred twenty square feet as described by California Building Code Section 1208.1), and at least one bathroom with bathing and sanitary facilities.

I. M
aximum height and stories. An accessory dwelling unit shall conform with the following height maximums:

1. D etached accessory dwelling units. Detached accessory dwelling units shall be permitted up to two stories if the existing or proposed primary dwelling unit is also two stories. Whether one story or two stories, the building height of the detached accessory dwelling unit shall not exceed the building height of the primary dwelling unit, except that a minimum allowable height of eighteen (18) feet shall be permitted, with an additional two feet in height permitted if necessary to align the roof pitch with the roof pitch of the existing or proposed primary dwelling unit. A two-story detached accessory dwelling may consist of two levels of living area or one level of living area above a detached garage (with or without ground floor living area).

2. Attached accessory dwelling units. Attached accessory dwelling units may be c
onstructed on the first floor of, or as a second floor to, the lawfully constructedexisting primary dwelling unit, except that it shall not be constructed above any portion of an attached garage. The height of an attached accessory dwelling unit shall not exceed twenty-five (25) feet or that specified by the applicable zoning district and/or area or neighborhood plan, whichever is greater.

3. Interior accessory dwelling units. Interior accessory dwelling units may be created from the existing space of the lawfully constructed primary dwelling unit, including within its garage, basement, first story, or second story, irrespective of existing building height.

J. P
arking. Parking for accessory dwelling units shall be provided in compliance with this section.

1. P arking requirement. No parking spaces are required for creation of an accessory dwelling unit or junior accessory dwelling unit. Existing parking

spaces that are removed (in whole or in part) to allow for the creation of an accessory dwelling unit or junior accessory dwelling unit (e.g., by demolition or conversion of a garage) are not required to be replaced.

2. Parking configuration. New parking spaces that are voluntarily created to serve an accessory dwelling unit or junior accessory dwelling unit shall satisfy the standards provided by Chapter 21.28 (Parking and loading), except that such spaces may be created in any configuration on the parcel, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts, subject to the following standards:
a. Covered parking spaces provided within a new garage or carport shall satisfy all applicable setback, height, placement, and dimension standards.
b. Uncovered parking spaces may encroach into a required front yard or street-side yard setback within an existing or proposed driveway that satisfies both the surfacing and minimum stall dimensions for a parking space(s), unless such a configuration is determined not to be feasible based upon fire and/or life safety conditions present on the parcel. c. Tandem parking shall be limited to two parking spaces. d. Mechanical automobile parking lifts shall only be installed within a fully enclosed garage.
e. Uncovered parking spaces may be designed to allow vehicles to back out onto an abutting public street provided that the street is classified as "local street" by the General Plan roadway classification diagram.

K. Objective design standards. The design of accessory dwelling units shall conform with the following objective design standards , except as provided by Section 21.23.065 ( Special Provisions for Statewide Exemption Accessory Dwelling Units):

1. Detached accessory dwelling units. Detached accessory dwelling units, if not entirely located behind the primary dwelling unit, shall maintain the appearance of the primary dwelling unit, by using the same wall cladding, trim detail, roofing material, building color(s), window frames/trim, and the predominant roof form and roof pitch.

2. Attached accessory dwelling units. Attached accessory dwelling units shall maintain the appearance of the primary dwelling unit, by using the same wall cladding, trim detail, roofing material, building color(s), window frames/trim, and the predominant roof form and roof pitch.

3. Interior accessory dwelling units. Interior accessory dwelling units contained within the existing space of an attached garage shall include removal of garage doors which shall be replaced with architectural features the same as those of the primary dwelling unit, including the same wall cladding,

building color(s), wainscot, and window frames that remove any appearance that the structure was originally a garage.

L. Windows. All second-story windows less than eight feet from rear and interior - side property lines shall be clerestory with the bottom of the glass at least six feet above the finished floor.

M. Balconies/Decks. Balconies, second- story decks, and rooftop terraces are prohibited for all accessory dwelling units.

N. Entrances. All accessory dwelling units shall include exterior access that is independent from the primary dwelling unit. For an accessory dwelling unit located entirely on a second story, this shall require a separate interior or exterior stairway. A passageway from the accessory dwelling unit to a public street may be created, but shall not be required by the City.

O. Interior connection. Attached and interior accessory dwelling units may, but shall not be required, to contain an interior doorway connection between the primary and accessory dwelling units.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , §§ 12—14, 24—26, 28, 8-16-2022)

21.23.040 Junior Accessory Dwelling Unit Development Standards.

In addition to allowable number of accessory dwelling units outlined in section

21.23.022 (Maximum number of accessory d welling units permitted on single -family residential properties), oneA junior accessory dwelling unit may be constructed or created on a parcel developed with no more than one an existing or proposed single-family dwelling and in accordance with the following development standards:

A. Maximum floor area. The junior accessory dwelling unit shall not exceed five hun
dred (500) square feet in area. The occupied floor area shall be within the allowable floor area of a primary dwelling unit or detached accessory dwelling unit, as specified by Section 21.23.030.D (Floor area ratio and lot coverage).

B. Associated dwelling. The junior accessory dwelling unit shall be contained entirely within an existing or proposed primary dwelling unit (including within an existing attached garage) or detached accessory dwelling unit.

C. Kitchen. The junior accessory dwelling unit shall contain a kitchen or an efficiency kitchen, as defined in this Chapter.

D. Bathroom. Bathroom facilities may be separate from or shared with the primary dwelling unit or detached accessory dwelling unit.

E. Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the primary dwelling unit or detached accessory dwelling unit . A n interior entry into the main living area of the associated primary dwelling unit or detached accessory dwelling unit shall be provided if the junior accessory dwelling unit does not have a separate bathroom. The main living area shall mean a living room, family room, or a

hallway leading to the living room or family room of the associated primary dwelling unit or detached accessory dwelling unit.

F. Parking. No parking shall be required for a junior accessory dwelling unit.

G. O wner occupancy required. A property with a junior accessory dwelling unit shall be occupied by the property owner, who shall reside in either the junior accessory dwelling unit or the primary dwelling unit , except as specified by California Government Code Section 65852.2 (a)(2) . The community development director may require recordation of a deed restriction documenting this restriction prior to issuance of a building permit. ( Ord. No. 2252 , § 7, 11-19 -2019; Ord. No. 2286 , § 8, 8-16-2022)

21.23.050 Special Provisions for Multi-family Residential Properties.

The following addi tional requirements and restrictions apply to creation of accessory dwelling units on multi-family residential properties and shall supersede any provision to the contrary within this Chapter , except as provided by Section 21.23.02765 (Special Provisions for Statewide Exemption Accessory Dwelling Units):

A. Defined. For the purposes of this section, the term s "multifamily dwelling structure" and "multifamily dwelling" shall have the same meaning as "Duplex," "Triplex," "Fourplex," and "apartment" as defined by Chapter 21.72 (Definitions).

Multiple multifamily dwelling structures located on a single lot shall be considered collectively as a single multifamily dwelling for the purposes of this section.

B. Conversion of existing non -living areas. A minimum of one accessory dwelling unit and up to one accessory dwelling unit for every four dwelling units within an existing multifamily dwelling structure(s) may be created within by the conversion of existing non- livable space(s), including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, carports, or garages, provided that the dwellings comply with the California Building Code. Accessory dwelling units created through this provision shall not be expanded in any manner, except to allow an entry area for ingress and egress no greater than one hundred fifty square feet. Creation of additional living area within the existing building envelope (i.e., mezzanine), including an increase in building up to eighteen feet to allow for dormer(s), shall not be considered an expansion provided that each such accessory dwelling unit does not exceed eight hundred (800) square feet.

C. Detached accessory dwelling units. In addition to the accessory dwelling units allowed by subsection B, not more than two detached accessory dwelling units may be allowed subject to the standards, requirements, and restrictions of this Chapter on a lot with an existing or proposed multifamily dwelling. The accessory dwellings units may be detached from each other or may be connected in a side- by-side or front-to-back configuration or stacked with one unit located atop of the other unit forming a two- story structure not exceeding the maximum building height specified by Section 21.23.030.I (Maximum height and stories).

D. Non-conforming setbacks. If the existing multifamily dwelling has a rear or side setback of less than four feet, the City shall not require any modification of the existing multifamily dwelling (s) as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this section.

E. Housing Development Projects: Accessory dwelling units created in an existing or proposed housing development project subject to Chapter 21.07 (Housing Development Regulations) or Chapter 21.39 (Ministerial Approval) shall be subject to the additional requirements provided in the City of Campbell Multi - Family Development and Design Standards.

(Ord. No. 2252, § 7, 11-19-2019; Ord. No. 2286, § 16, 8-16-2022)

21.23.060 Special Provisions for Historic Properties.

The following addi tional requirements and restrictions apply to creation of accessory dwelling units on properties listed on the historic resource inventory California Register of Historical Resources , and shall supersede any provision to the contrary within this Chapter, except as provided by Section 21.23. 065 ( Special Provisions for Statewide Exemption Accessory Dwelling Units):

A. T ype. Only detached and interior accessory dwelling units shall be permitted.

B. Placement. A detached accessory dwelling unit shall be placed behind the primary dwelling unit and be located on the rear half of the lot.

C. Height. A detached accessory dwelling unit shall be a maximum of eighteen feet in height and not exceed one story.

D. Design. The design of the detached accessory dwelling unit shall maintain the appearance of the primary dwelling unit, by using the same wall cladding, trim detail, roofing material, wainscot, building color(s), window frames/trim and divisions, and the predominant roof form and roof pitch. ( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 23, 8-16-2022)

21.23.065 S
pecial Provisions for Statewide Exemption Accessory Dwelling Units This section provides exceptions to the requirements of this Chapter pursuant to Government Code Section 65852.2 , as interpreted by the California Department of Housing and Community Development.

A. A
pplicability. This section applies to statewide exemption accessory dwelling units as defined, below. This section shall not be construed as to allow an exceedance of development standards for any other type or form of accessory dwelling unit.

B. Defined. A statewide exemption accessory dwelling unit is an attached or detached accessory dwelling unit no larger than 800 square feet in floor area, inclusive of

garage area, with rear and interior side setbacks in compliance with Table 3-1, and a height not exceeding 18-feet.

C. Exemptions. Statewide exemption accessory dwelling units are exempt from the otherwise required (1) front setback, (2) building separation, (2) floor area ratio, (3) lot coverage, (4) open space, and (5) design requirements specified by Section

21.23.030 (Accessory dwelling unit development standards) and the design and placement requirements specified by Section 21.23.060 (Special provisions for historic properties), except that the exemption to the front setback for an attached accessory dwelling unit shall only apply to that portion of the primary dwelling unit occupied by the accessory dwelling unit. All other standards, requirements, and restrictions of this Chapter shall continue to apply.

Exception: In order to ensure adequate site visibility for pedestrian and vehicular safety, a statewide exemption accessory dwelling unit shall not be constructed or placed within the triangular areas of a property as depicted in Figures 3-1 and 3-2 of Section 21.18.060 (Fences, walls, lattice and screens).

D. Review. An application for a s tatewide exemption accessory dwelling unit shall also be exempt from any requirement for a zoning clearance or separate zoning review as otherwise required by Section 21.23.080 (Approval process).

E. Re striction. A statewide exemption accessory dwelling unit permitted under this section shall not be expanded in size beyond 800 square feet in floor area, including attachment of a garage or other uninhabitable space. The community development director may require recordation of a deed restriction documenting this restriction.

21.23.070 General Requirements and Restrictions.

The following requirements and restrictions apply to all existing and new accessory dwelling units and junior accessory dwelling units, as applicable:

A. Short-term rentals. Leases for durations of less than thirty days, including short- term rentals are prohibited. The community development director may require recordation of a deed restriction documenting this restriction.

B. Non-conforming zoning conditions. The City shall not require the correction of nonconforming zoning conditions to allow creation of an accessory dwelling unit or a junior accessory dwelling unit n or use the existence of non- conforming zoning conditions as a basis to deny a permit for an accessory dwelling unit or a junior accessory dwelling unit.

C. Existing violations. The City shall not deny an application for a permit to create an accessory dwelling unit or a junior accessory dwelling unit due to existing building code violations, including the presence of unpermitted structure(s) that are not affected by the construction of the accessory dwelling unit , junior accessory dwelling unit, unless such violations present a threat to public health

and safety as determined by the building official. D. Subdivision and sales.

Except as provided as for by Government Code Section 65852.26, and as may be allowed by Chapter 20.14 (Urban Lot Splits), no subdivision of land or air rights shall be allowed, including creation of a stock cooperative or similar common interest ownership arrangement. In no instance shall an accessory dwelling unit or junior accessory dwelling unit be sold or otherwise conveyed separate from the primary dwelling unit. The community development director may require recordation of a deed restriction documenting these restrictions prior to issuance of a building permit.

E. Park impact fee. A fee in- lieu of parkland dedication land for an accessory dwelling unit shall be paid in compliance with Chapter 13.08 (Park Impact Fees).

F. Building and fire code. Accessory dwelling units and junior accessory dwelling units shall comply with all applicable Building and Fire Codes as adopted in Title 18 (Building Codes and Regulations) and Title 17 (Fire Protection), respectively, except that the Building Official and Fire Chief shall not require installation of fire sprinklers for an accessory dwelling unit if they would otherwise not be required for the primary dwelling unit nor shall the creation of an accessory dwelling unit require installation of fire sprinklers in the primary dwelling unit . However, if the remodel of the primary dwelling associated with the creation of an interior or attached accessory dwelling unit would result in the primary dwelling unit becoming a "new dwelling using portions of the original structure" pursuant to Chapter 18.32 (Determination of scope of work), then fire sprinklers shall be required to the same extent as for construction of any other new dwelling unit.

C onstruction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. This limitation shall not preclude the building official from requiring a change of occupancy for an unhabitable space or a space only permitted for nonresidential use that is proposed to be converted to an accessory dwelling unit and junior accessory dwelling unit.

G. Certificates of occupancy. A certificate of occupancy for an accessory dwelling unit shall not be issued before a certificate of occupancy is issued for the primary dwelling unit.
( Ord. No. 2252 , § 7, 11-19-2019)

21.23.080 Approval Process.

The following procedures govern the review of proposed accessory dwelling units and junior accessory dwelling units consistent with the provisions of this Chapter.

A. Ministerial review. The City shall either approve or deny concurrent applications for a building permit in compliance with Title 18 (Building Code) and a Zoning Clearance in compliance with Chapter 21.40 (Zoning clearances), for an accessory

dwelling unit or junior accessory dwelling unit within sixty days of submittal of a complete building permit application. If the permit application to create a n accessory dwelling unit or junior accessory dwelling unit is submitted in conjunction with a permit application to create a new single-family dwelling unit or multifamily dwelling on the same lot, the City may delay approving or denying the permit application until the City acts on the permit application to create the new single- family dwelling unit or multifamily dwelling , but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a public hearing. A simple depiction of an accessory dwelling unit or junior accessory dwelling unit on a site plan submitted for an application for a new single -family dwelling unit or multifamily dwelling shall not be construed as subjecting the accessory dwelling unit or junior accessory dwelling unit to discretionary review or a public hearing.

B. Other land use permits. Notwithstanding the foregoing, and except as provided in Section 21.23. 65 ( Statewide Exemption Accessory Dwelling Units ), physical expansion of an existing primary dwelling unit (i.e., addition) or construction of a new primary dwelling unit located on a parcel that is subject to design review pursuant to Chapter 21.42 (Site and architectural review), Chapter 21.33 (Historic preservation), or Chapter 21. 07 (Housing development regulations)030 (P -D (Planned development) zoning distric t) shall first receive approval of the appropriate land use permit prior to a submittal of a ministerial building permit application for an accessory dwelling unit. The sixty-day period for processing the application for the accessory dwelling unit or junior accessory dwelling shall be tolled during any delay requested by the applicant.

C. Garage demolition: A demolition permit for a detached garage that is to be replaced with or converted to an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.

D. Denial. If the City denies an application for a building permit and/or Zoning Clearance for an accessory dwelling unit or junior accessory dwelling prior to the conclusion of the sixty daysixty-day review period, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

E. F
ailure to a ct: If the City fails to approve or deny an application for building permit and/or Zoning Clearance for an accessory dwelling unit or junior accessory dwelling prior to the conclusion of the sixty daysixty- day review period, the application shall be deemed approved.

F. Appeals. Denial of a permit on the basis of a health and safety matter whe re authorized by this Chapter may be appealed to the Building Board of Appeals pursuant to Chapter 2.37 (Building Board of Appeals).
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 17, 8-16-2022)

21.23.090 Development Policy.

A single -family residential subdivision (inclusive of detached single- family homes and/or townhomes) resulting in five or more parcels, exclusive of commonly-held parcels, subject to Chapter 21.07 (Housing development regulations) or Chapter 21.39 (Ministerial Approval), shall be subject to the following requirements:

A. Requirement. Twenty percent of the parcels shall be developed with a primary dwelling unit that is designed to allow for future creation of an interior accessory dwelling unit. This shall be accomplished through a floor plan configuration that allows for logical segmentation of an accessory dwelling unit from the existing living area and pre- installation of electrical, domestic water, and sanitation utilities necessary to accommodate a future bathroom and kitchen to serve an accessory dwelling unit.

B. Alternative. In -lieu of the aforementioned requirement, twenty percent of the parcels may be developed with an accessory dwelling unit, to be constructed concurrently with the primary dwelling units. If the requirement of sub-section A is determined not to be an "objective standard" as defined by the California Government Code and therefore unenforceable, the alternative identified by this subsection, requiring the creation of the accessory dwelling unit(s), shall instead become the requirement applied to the project subject to this section.

C. Implementation. Conditions to carry out the requirement of this section shall be imposed on approval of the tentative map if a land use permit(s) for the creation primary dwelling units is not required. If a land use permit(s) for the creation of primary dwelling units is required in association with a tentative map, the applicant shall demonstrate compliance prior to the application being accepted as complete pursuant to Section 21.38.040.
( Ord. No. 2252 , § 7, 11-19-2019)

21.23.100 Unpermitted Accessory Dwelling Units
This section provides a mechanism to legalize unpermitted accessory dwelling in compliance with Government Code Section 65852.23.

A. Applicability. This section applies to accessory dwelling units that were unlawfully constructed prior to January 1, 2018, and that have not been deemed substandard pursuant to Section 17920.3 of the Health and Safety Code by the building official.

The community development director may determine construction date by any credible means warranted, including use of aerial photography, county records, photographs, and signed affidavits.

B. Defined. An unpermitted accessory dwelling unit means a dwelling unit that was created through the construction of a new structure or expansion of an existing structure without the benefit of a building permit (at a time when a building permit was required) and that cannot be otherwise legalized because it does not comply with development standards provided in this Chapter.

C. Relief. The City shall not deny a permit to legalize a n unpermitted accessory dwelling solely due to non-compliance with the development standards of this Chapter. All other requirements and restrictions provided in Section 21.23.070 General Requirements and Restrictions) shall continue to apply.

D. Approval. An unpermitted accessory dwelling unit may be legalized in compliance with Section 21.23.080 (Approval Process).

E. Restriction. An accessory dwelling unit authorized under this section shall not be added to or enlarged in a manner that continues an existing nonconforming setback as otherwise allowed for nonconforming structures provided permitted to exercise the setback exception for non- conforming structures provided for in Section 21.58.050.F (Exceptions). Any expansion of the accessory dwelling unit shall conform to all applicable development standards specified by Section

21.23.030 (Accessory Dwelling Unit Development Standards). The community development director may require recordation of a deed restriction documenting this restriction.

F. Enforcement. A property owner who makes known to the City the existence of an unpermitted accessory dwelling unit but who fails to obtain or finalize a building permit or to secure a delay in enforcement pursuant to Chapter 18.30 (Delayed Enforcement), shall be subject to penalties as specified by Chapter 21.70 (Enforcement).

G. Exception. T he City may deny a permit to legalize an unpermitted accessory dwelling unit and instead require correction of the violation(s) if the building official makes a finding that correcting the violation(s) is necessary to protect the health and safety of the public or occupants of the structure.

21.23.110 Incentives and Promotion.

Within the time period that may be prescribed by the Department of Housing and Community Development, the City Council, by resolution, shall develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low- , low-, or moderate-income households.
( Ord. No. 2252 , § 7, 11-19-2019)

21.23.115 Severability.

If at any time the California Department of Housing and Community Development submits to the City written findings pursuant to Government Code 65852.2(h) identifying certain section(s), subsection(s), sentence(s), clause(s), and/or phrase(s) of this Chapter do not comply with State law, then those specific section(s), subsection(s), sentence(s), clause(s), and/or phrase(s) shall no longer be in effect, such that this Chapter shall maintain its consistency with Government Code 65852.2 and not subject to nullification as provided for Government Code 65852.2(a)(6). The City Council hereby declares that it would have passed adopted this Chapter and each and every section, subsection, sentence, clause, or phrase not declared not in compliance with the

California Government Code without regard to whether any portion of this Chapter would be subsequently declared non-complaint.

21.23.120 Definitions.

In addition to the terms defined by Article 6 (Definitions), the following terms shall have the following meanings as used in this Chapter:
"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot as defined in Section 21.72.020.A. "Accessory dwelling unit" (ADU) means a dwelling unit ancillary to a primary dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling unit or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code. This Chapter recognizes three types of accessory dwelling units as defined below. Where a proposed accessory dwelling unit does not clearly fall into one of the defined types, the community development director shall make a determination pursuant to Section 21.02.030 (Procedures for interpretations).

1. "Attached accessory dwelling unit" means an accessory dwelling unit that is constructed as a physical expansion (i.e., addition) of an existing primary dwelling unit, including construction of a new basement underneath a primary dwelling unit to accommodate an accessory dwelling unit.

Figure 3.6(a)
Attached accessory dwelling unit

2. "Detached accessory dwelling unit" means an accessory dwelling unit that is :
(1) constructed as a separate structure from the primary dwelling unit .; or (2) contained within the existing space of an accessory structure (as defined herein).

Figure 3.6(b)
Detached accessory dwelling unit

3. "Interior accessory dwelling unit" means an accessory dwelling unit that is: (1) contained within the existing space of a primary dwelling unit, including within its living area, basement, or attached garage; (2) constructed as part of a proposed primary dwelling unit; or (3) created from non- livable space of a multifamily dwelling;. or (4) contained within the existing space of an accessory structure (as defined herein).

Figure 3.6(c)
Interior accessory dwelling unit

"Car share vehicle" means a motor vehicle as defined by Vehicle Code Section 22507.1(d).
"Complete building permit application" means an application for a building permit that has been accepted for review by the City , comprising all required drawings, details, and calculations as specified by the applicable application checklist , including those necessary to determine the appropriate scope of work pursuant to Chapter 18.32 (Determination of scope of work), and remittance of plan review fees. "Contained within the existing space" means conversion of a lawfully constructed structure's existing floor area to create an accessory dwelling unit. "Conversion" or "convert(ed)" means to remodel a legally constructed structure to an accessory dwelling unit or to construct a new accessory dwelling unit in the same location and to the same dimensions as an existing accessory structure.

"Driveway" means a paved access way as defined in Section 21.72.020.D, including a paved area reserved or created for the purpose of satisfying a parking requirement of this Chapter.
"Efficiency kitchen" means a cooking facility for a junior accessory dwelling unit which contains a sink, food preparation counter, food storage cabinet, and electrical circuitry suitable for common kitchen appliances.
"Existing space of an accessory structure" means the gross floor area of an accessory structure that has received final building permit clearance prior to January 1, 2017 and which has not been expanded on or after January 1, 2017. "Junior accessory dwelling unit" means a dwelling unit that is no more than five hundred square feet in size and contained entirely within an existing or proposed single- family dwelling or detached accessory dwelling unit. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
"Living area" means the interior habitable floor area of a dwelling unit, including conditioned basements and attics, but not garages or other uninhabitable space, as measured to the outside surface of exterior walls.
"Floor area" means the total horizontal floor area in square feet of a detached accessory dwelling unit as measured to the outside surface of exterior walls of the structure, including the living area, unconditioned basements, and any other unconditioned rooms, excluding attached garages.
"Passageway" means a pathway that is unobstructed to the sky and extends from a street to the entrance of an accessory dwelling unit.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. "Setback" means the required separation as defined in Section 21.72.020.S, including the required distance between structures, and as further defined in Section

21.25.030.
"Short term rental" means use of a residential property for lodging purposes as defined by Government Code Section 19822.4(1).
"Story" means the portion of a building as defined in Section 21.72.020.S, including a "half-story," a mezzanine, or a loft.
"Tandem parking" means a parking configuration where two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. ( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , §§ 10, 11, 8-16-2022) SECTION 4 (URGENCY REVISIONS – TREE PROTECTION): Campbell Municipal Code Section 21.32.060 (Exemptions) is amended to add a new subsection 'G,' as follows with underlining indicating new text:

G. Exempt Accessory Dwelling Units. Trees required to be removed in association with the construction a of statewide exemption accessory dwelling units in compliance with Section 21.23.027.C.3 (Tree preservation).

SECTION 5 ( URGENCY REVISIONS – TWO-UNIT DEVELOPMENT ): Section

21.25.080.A (Accessory Dwelling Units) of the Campbell Municipal Code is hereby amended as set forth. Additions are indicated by underlined text and deletions are indicated by strikethrough (strikethrough) text.

A. Accessory Dwelling Units. In addition to the two primary dwelling units comprising a proposed housing development, accessory dwelling units may be allowed as follows, consistent with in compliance with Chapter 21.23 (Accessory Dwelling Units), except for proposed housing developments located on a new parcel created by an urban lot split which shall be limited to a total of two units as defined by Section 66411.7(j)(2) of the Government Code:

1. P
arcels with two single -family dwellings shall be permitted one accessory dwelling unit and one junior accessory dwelling unit;

2. Parcels with a duplex structure shall be permitted two detached accessory dwelling units. The accessory dwelling units may be connected to each other in a side-by-side or front-to-back configuration or stacked with one unit located atop of the other unit forming a two-story structure not exceeding the maximum building height specified by Section 21.25.050.A (Building height/number of stories);

3. Creation of an interior accessory dwelling unit from an existing non-livable space shall only be permitted within an existing multifamily dwelling structure, as herein defined.

SECTION 6 (URGENCY REVISIONS – RESIDENTIAL DISTRICTS): Section 21.08.050 (Residential development standards) of the Campbell Municipal Code is hereby amended as set forth. Additions are indicated by underlined text and deletions are indicated by strikethrough (strikethrough) text.

Table 2-4
General Development Standards – Residential Districts

Development
Standard
Zoning District Map Symbol
R-1 LMDR MDR MHDR HDR MHP
Maximum Floor Area
Ratio (FAR)

.45 (1) See CMC 21.07 – Multi-
Family Development and
Design Regulations for the
specified form-based zone.
(3) (4)
N/A
Maximum Lot Coverage 40% N/A
Minimum Useable
Required Open Space 750 sq. ft. N/A
Minimum Setbacks

Front 20 ft.

See CMC 21.07 – Multi-
Family Development and
Design Regulations for the
specified form-based zone.
(3) (4)
N/A
Side (each) 5 ft. (2) N/A
Street Side (where
applicable) 12 ft. N/A
Rear 5 ft. (2) N/A
Parking Structure or
Garage to Public Right
of Way
25 ft. N/A
Maximum Height and Stories
Main Structure
Maximum Height 35 ft.

See CMC 21.07 – Multi-
Family Development and
Design Regulations for the
specified form-based zone.
(3) (4)
N/A
Main Structure
Maximum Stories 2 ½ stories
Homes
must be
less
thanshall
not
exceed
one
story
Distance Between Non-Accessory Structures on the Same Lot Minimum Separation
Required
The distance
equal to the
taller of the two
structures.

See CMC 21.07 – Multi-
Family Development and
Design Regulations for the
specified form-based zone.
(3) (4)
N/A
(1) The Planning Commission may approve a F.A.R. of up to 0.50 with approval of a site and architectural review permit when it makes both of the following findings:
a. The perceived scale and mass of the home is compatible with the adjacent homes and the homes in the surrounding area.
b. The home minimizes the use of design features that make it appear significantly larger than the adjacent homes and the homes in the surrounding area.
(2) A
minimum of the setback indicated or one- half (½) the building wall height adjacent to the side or rear property line, whichever is greater. The Planning Commission may allow a minimum side setback of five (5) feet for structures proposed for a second story addition, when it makes both of the following findings:
a. T
he side setback would not be detrimental to the health, safety, peace, comfort or general welfare of persons in the neighborhood, or the city as a whole; and

b. The side setback would not unreasonably interfere with the ability of adjoining property owners to enjoy access to air, privacy, sunlight, and the quiet enjoyment of the owner's property.
(3) Notwithstanding any provision to the contrary, the maximum FAR for a housing development project consisting of three (3) to seven (7) units shall not be less than 1.0, and the maximum FAR of a housing development project consisting of eight (8) to ten (10) units shall not be less than 1.25, when the following conditions are met:
a. The housing development project consists of at least 3, but not more than 10, units.
b. The housing development project is not located in any of the following:
i. A property with a single-family zoning or land use designation; ii. A historic district property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resource Code; and
iii. Within a site that is designated or listed as a city or county landmark or historic property or district.
(4) Exception. Notwithstanding Note #3, Tthe development standards for structures of an individual single-family dwelling, not otherwise subject to the Multi Family Development and Design Standards established by Chapter

21.07, shall be the same as those development standards applicable to the R-1 zoning district, except that the minimum usable open space shall be 300 square feet per dwelling unit, the LMDR zone shall have a maximum floor area ratio of 50%, and the MDR, MHDR, and HDR zones shall have a maximum floor area ratio of 55%. Further, the MHDR and HDR zones shall be permitted to build up to
3-stories and 40-feet in height.

SECTION 7 (SEVERABILITY): If any section, subsection, sentence, clause, or phrase of this interim ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the interim ordinance. The City Council hereby declares that it would have passed this interim ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 8 (STATE LAW). Any provision of this interim ordinance which is inconsistent with Government Code Section 65852.2, Section 65852.22, or Section 65852.23, shall be interpreted in a manner which is the most limiting on the ability to create an accessory dwelling unit or junior accessory dwelling unit, but which is consistent with State law. The provisions of this interim ordinance shall supersede and take precedence over any inconsistent provision of the Campbell Municipal Code to that extent necessary to effect the provisions of this interim ordinance for the duration of its effectiveness.

SECTION 9 (PUBLICATION): The City Clerk shall cause this interim ordinance to be published at least once in a newspaper of general circulation within 15 days after its adoption in accordance with Government Code Section 36933.

S
ECTION 10 (EFFECTIVENESS): This interim ordinance shall become effective on November 7, 2023, for a period of 45 days, unless extended by the City Council.

P
ASSED AND ADOPTED this _____ day of ____________, 2023 by the following roll call vote:

AYES:

Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPR
OVED:
___
_____________________
Anne Bybee, Mayor
A
TTEST:
___
____________________________
Andrea Sanders, City Clerk