City Council Agenda
City of Campbell, 70 N. First St., Campbell, California
NOTE: This City Council Regular meeting will be conducted in person as well as telecommunication and is compliant with provisions of the Brown Act.
The City Council meeting will be live -streamed on Channel 26 or Channel 88, the City's website and on YouTube https://www.youtube.com/user/CityofCampbell for those who only wish to view the meeting.
Those members of the public wishing to provide public comment virtually are asked to register in advance at: https://www.campbellca.gov/signup. After registering, you will receive a confirmation email containing information about joining the meeting. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers.
Public comment will also be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the Council. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, February 6, 2024 – 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS AND PROCLAMATIONS
COMMUNICATIONS AND PETITIONS
ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.
COUNCIL ANNOUNCEMENTS
CONSENT CALENDAR
NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of City Council, City staff, or a member of the public.
Any person wishing to speak on any item on the consent calendar should ask to have the item
removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.
1. Minutes of City Council Executive Session of January 22, 2024 Recommended Action: Approve the executive session meeting minutes of January 22, 2024.
2. Minutes of City Council Regular Meeting of January 22, 2024 Recommended Action: Approve the regular meeting minutes of January 22, 2024.
3. Minutes of City Council Special Meeting of January 25, 2024 Recommended Action: Approve the special meeting minutes of January 25, 2024.
4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $1,113,274.89.
5. Investment Report - Quarter Ending December 2023
Recommended Action: That the City Council approve the Investment Report for the quarter ending December 2023 and the report be noted and filed.
6. Monthly Treasurer's Report (December 2023)
Recommended Action: That the City Council review and accept the Monthly Treasurer’s Report for the month ended December 31, 2023.
7. Second Reading of Ordinance 2302 Amending Chapter 2.04 of the Campbell Municipal Code Regarding Council Meeting Times and Location and Establishing that Regular Meeting Dates or Times Shall be Set by Resolution (Ordinance/Resolution/Roll Call Vote)
Recommended Action: That the City Council (1) take second reading and adopt Ordinance 2302 amending Chapter 2.04.020 of the Campbell Municipal Code; and (2) adopt a Resolution setting the City Council regular meeting time to 7:00 p.m. on the first and third Tuesday of the Month.
8. Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing Subsequent Repairs Per the Executed Contract Services Agreement with Burr Plumbing and in Accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) accepting updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizing subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public mone y to safeguard life, health, or property in the event of an emergency, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.
9. Accept the Campbell Community Center (CCC) Building a HVAC Controls Project 24-AA and File the Notice of Completion (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution accepting the Campbell Community Center Building A HVAC Controls Project No. 24 -AA and directing the Public Works Director or designee to file the Notice of Completion.
10. Accept the Campbell Community Center (CCC) – Heritage Theatre Boiler Replacement Project 24 -OO and File the Notice of Completion (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution accepting the Campbell Community Center (CCC) - Heritage Theatre Boiler Replacement Project 24 -OO and directing the Public Works Director or designee to file the Notice of Completion.
11. That the City Council Adopt a Resolution Accepting the City Hall – HVAC Chiller Replacement Project 24 -UU and Directing the Public Works Director or Their Designee to File the Notice of Completion. (Resolution/ Roll Call Vote)
Recommended Action: That the City Council adopt a resolution accepting the City Hall - HVAC Chiller Replacement Project 24 -UU and directing the Public Works Director or designee to file the Notice of Completion.
12. Approval of Settlement Agreement with Campbell Peace Officers' Association (Resolution/Roll Call Vote)
Recommended Action: Adoption of a resolution approving a Settlement Agreement and Release of Claims between the City of Campbell and the Campbell Peace Officers' Association (CPOA) regarding back pay owed to current and former CPOA members under the Fair Labor Standards Act.
13. Authorization to Apply for Energy Efficiency and Conservation Block Grant (EECBG) Program Funds (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing the Community Development Director to submit an application for Energy Efficiency and Conservation Block Grant (EECBG) program funds for the Climate Action and Adaptation Plan.
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
NOTE: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
14. Introduction of Ordinance Amending Chapters 6.04 and 6.12 of the City of Campbell’s Municipal Code to Implement Updated Construction and Demolition Program Requirements (Ordinance/Roll Call Vote) Recommended Action: That the City Council introduce an ordinance to amend Chapter 6.04 and 6.12 of the City’s Municipal Code; thereby, maintaining compliance with California’s Green Building Code and implementing new construction and demolition program processes.
NEW BUSINESS
15. City Council Authorizing the Issuance of a Request for Qualifications (RFQ) for Materials Testing On-Call Services; Approving and Awarding a Contract to the Most Qualified Consultant; and Authorizing the Public Works Director to Negotiate the Terms of the Consultant Services Agreement, and the City Manager to Execute Said Agreement (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution authorizing the issuance of a Request for Qualifications (RFQ) for Materials Testing On -Call Services; approving and awarding a contract to the most qualified consultant, in an amount not -to-exceed $300,000 for an initial term of three years with the option to extend the term for an additional two years at $200,000 for a total term of five years with a cumulative not-to-exceed amount of $500,000; and, authorize the Public Works Director to negotiate the initial terms of the Consultant Services Agreement and any amendments thereafter, and the City Manager to execute said agreement and amendments.
UNFINISHED BUSINESS
COUNCIL COMMITTEE REPORTS
16. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
ADJOURN
IMPORTANT NOTICE: Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbell, CA 95008, during normal business hours. These materials will also be available on the City website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet following the last item of the agenda, subject to staff’s ability to post the documents prior to the meeting. All documents not posted prior to the meeting will be posted the next business day.
In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the City Council Chambers. If you require accommodation, please contact the City Clerk’s Office, (408) 866-2117, at least one week in advance of the meeting.
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Monday, January 22, 2024 – 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
This meeting was recorded and can be viewed in its entirety at www.cityofcampbell.com/agendacenter.
CALL TO ORDER
The City Council of the City of Campbell convened this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.
ROLL CALL
Attendee Name Title Status
Susan M. Landry Mayor Present
Sergio Lopez Vice Mayor Present
Elliot Scozzola Councilmember Present
Dan Furtado Councilmember Present
Anne Bybee Councilmember Present
PLEDGE OF ALLEGIANCE
Mayor Landry led the Pledge of Allegiance.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no special presentations and proclamations.
COMMUNICATIONS AND PETITIONS
There were no communications and petitions.
ORAL REQUESTS
There were no oral requests.
1 Packet Pg. 5
Minutes Acceptance: Minutes of Jan 22, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of January 22, 2024 City Council Meeting Page 2
COUNCIL ANNOUNCEMENTS
The City Clerk’s office is accepting applications for the Civic Improvement Commission.
To find out more about this Commission, or to apply, please contact the City Clerk’s office at (408) 866-2117 or visit the city’s website at campbellca.gov.
The City of Campbell is committed to supporting its citizens by strengthening its neighborhoods. The City offers grant funding to help neighborhoods build a sense of community through its Neighborhood Association Assistance Grant program. The application period is now open through 5:00pm Friday, February 23. Neighborhood Associations within the City of Campbell are encouraged to apply. For more information, please visit the city’s website at campbellca.gov.
The AARP Tax Aid Program will provide income tax assistance free of charge from February 2 through April 9 at the Campbell Community Center. The AARP Tax -Aide Program provides tax assistance to anyone, free of charge, with a focus on taxpayers who are over 50 and have a low to moderate income. For more information, please visit campbellca.gov.
Spread the love at Campbell’s 47 th annual Valentine 5K Fun Run/Walk on Saturday, February 10 at 9:00am. Don’t delay, get registered in advance to receive your free race shirt and medals. For additional information or to register, please visit campbellca.gov.
Please visit Toast Band – The Ultimate Bread Experience will be performing live on Thursday, February 22 at 7:00pm at the Heritage Theatre. For ticket information, please visit cambpellca.gov.
CONSENT CALENDAR
Mayor Landry asked if anyone wished to remove an item from the Consent Calendar.
The Consent Calendar was considered as follows:
1. Minutes of City Council Regular Meeting of December 19, 2023 Recommended Action: Approve the regular meeting minutes of December 19, 2023.
This action approves the regular meeting minutes of December 19, 2023.
2. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $4,317,292.68
This action approves the bills and claims as follows: bills and claims checks dated December 4, 2023, in the amount of $266,096.18; payroll checks dated December 7, 2023, in the amount of $72,814.78; bills and claims checks dated December 11, 2023, in the amount of $398,496.04; bills and claims checks dated December 18, 2023, in the amount of $2,022,438.11; payroll checks dated 1 Packet Pg. 6
Minutes Acceptance: Minutes of Jan 22, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of January 22, 2024 City Council Meeting Page 3 December 21, 2023, in the amount of $34,442.17; bills and claims checks dated December 25, 2023, in the amount of $1,449,306.64; an d payroll checks dated January 4, 2024, in the amount of $73,698.76.
3. Monthly Investment Transactions Report (December 2023) Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for December 2023.
This action reviews and accepts the Monthly Investment Transactions Report for December 2023.
4. Monthly Treasurer's Report (November 2023)
Recommended Action: That the City Council review and accept the Monthly Treasurer’s Report for the month ended November 30, 2023.
This action reviews and accepts the Monthly Treasurer’s Report for the month ended November 30, 2023.
5. Approval of Appointments to the Bicycle and Pedestrian Advisory Committee (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution appointing Rene Carballo and Frank Nilsen to the Bicycle and Pedestrian Advisory Committee (BPAC) for a term expiring August, 2028.
Resolution 13096 appoints Rene Carballo and Frank Nilsen to the Bicycle and Pedestrian Advisory Committee (BPAC) for a term expiring August, 2028.
6. Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing Subsequent Repairs Per the Executed Contract Services Agreement with Burr Plumbing and in Accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) accepting updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizing subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public mone y to safeguard life, health, or property in the event of an emergency, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.
Resolution 13097 accepts updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and authorizes subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050.
1 Packet Pg. 7
Minutes Acceptance: Minutes of Jan 22, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of January 22, 2024 City Council Meeting Page 4
7. Accept the Community Center Transformer Replacement Project 23-AA and File Notice of Completion (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution accepting the Community Center Transformer Replacement Project No. 23 -AA and directing the Public Works Director or designee to file the Notice of Completion.
Resolution 13098 accepts the Community Center Transformer Replacement Project No. 23 -AA and directs the Public Works Director or designee to file the Notice of Completion.
8. Resolution Authorizing the Solicitation of Bids for the Building M Roof Replacement Project (CIP No. 24-SS) and Approving the Subsequent Award of Contract to the Lowest, Responsive Bidder, in an Amount Not to Exceed $300,000, Plus a 20% Construction Contingency of $60,000; and Authorizing the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100, and the Public Works Director to Execute Contract Change Orders Up to and Within the Allocated Construction Contingency Amount (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution: 1) approving the plans and specifications, and authorizing the solicitation of bids, for the Building M Roof Replacement project (No. 24 -SS); 2) approving the subsequent award of contract to the lowest, responsive bidder, in an amount not to exceed $300,000, plus a 20% construction contingency of $60,000; 3) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section
3.20.100; and 4) authorizing the Publ ic Works Director to negotiate and execute contract change orders up to and within the allocated construction contingency amount.
Resolution 13099 approves the plans and specifications, and authorizes the solicitation of bids, for the Building M Roof Replacement project (No. 24 -SS); approves the subsequent award of contract to the lowest, responsive bidder, in an amount not to exceed $300,000, plus a 20% construction contingency of $60,000; authorizes the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and authorizes the Public Works Director to negotiate and execute contract change orders up to and within the allocated construction contingency amount.
9. Authorization to Extend Agreement for Campbell Safe Routes to School Maps Project (CIP No. 22-OO) (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution approving an amendment to the consultant services agreement with Alta Planning + Design, Inc. for the Campbell Safe Routes to School Maps Project in an amount not to exceed $86,000 and authorizing the City Manager to execute said amendment.
Resolution 13100 approves an amendment to the consultant services agreement with Alta Planning + Design, Inc. for the Campbell Safe Routes to School Maps Project in an amount not to exceed $86,000 and authorizing the City Manager to execute said amendment.
1 Packet Pg. 8
Minutes Acceptance: Minutes of Jan 22, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of January 22, 2024 City Council Meeting Page 5 Mayor Landry stated that an update of the Safe Routes to School Maps Project will be provided at the upcoming Education Subcommittee meeting.
10. Authorization to Execute Funding Agreement and Approve Budget Adjustment for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution 1) approving a funding agreement and authorizing the City Manager to execute said agreement with the Santa Clara Valley Transportation Authority for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study and 2) authorizing the Finance Director to execute a budget adjustment to provide funding for the project.
Resolution 13101 approves funding agreement and authorizes the City Manager to execute said agreement with the Santa Clara Valley Transportation Authority for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study and authorizes the Finance Director to execute a budget adjustment to provide funding for the project.
M/S: Bybee/Landry – That the City Council approve the Consent Calendar.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Landry
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
11. Public Hearing to Consider Adoption of a Resolution Directing the Community Development Director to Proceed with Abatement of Hazardous Vegetation (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution directing the Community Development Director to proceed with the abatement of hazardous vegetation by the Santa Clara County Consumer and Environmental Protection Agency.
This is the time and place for a public hearing to consider adoption of a resolution directing the Community Development Director to proceed with abatement of hazardous vegetation.
Community Development Director Eastwood presented a staff report dated January 22, 2024.
Mayor Landry opened the public hearing and asked if anyone wished to speak
Ms. Nakamura, Campbell resident stated her objection to being on the hazardous vegetation list. She noted that she is now responsible for the property since her father’s passing and has cleared all the weeds in the yard and is maintaining the 1 Packet Pg. 9
Minutes Acceptance: Minutes of Jan 22, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of January 22, 2024 City Council Meeting Page 6 property. She noted the fees cause hardship and requested removal from the weed abatement list.
Seeing no one else wishing to speak, Mayor Landry closed the public hearing.
The Council asked for further information related to Ms. Nakamura’s concern.
Community Development Director Eastwood introduced Moe Kumre, Weed Abatement Manager for Santa Clara County Department of Consumer Environmental Protection.
Mr. Kumre noted that they did inspect Ms. Nakamura’s property in March of 2023, and it was not in compliance at the time of inspection. He noted that no fees have been assessed to the property as of yet. He further explained once properties are placed in the program, it remains on the list until it demonstrates three consecutive years of voluntary compliance, at which time it would be automatically removed from the list.
The Council asked if they were able to remove properties from the list.
Mr. Kumre confirmed the Council did have that authority to remove properties from the list at this public hearing.
Councilmembers discussed if they wished to remove Ms. Nakamura’s property from the list.
Councilmember Furtado stated his concerns with the County weed abatement program. He reiterated that he wants the outdated weed abatement policy to be reviewed to consider the potential of removal of the City from the County program and asked staff to evaluate the program and return to Council with their findings.
Vice Mayor Lopez stated support for a review of the program and recommended it return in connection with the City Council Priority Settings.
Member of the public, Sal Caruso asked if he could speak on this item.
Mayor Landry reopened the public hearing to allow Mr. Caruso an opportunity to provide public comment.
Sal Caruso stated he lives in a jurisdiction with a weed abatement program where fees are imposed. He stated he is not supportive of the Weed Abatement program.
Mayor Landry closed the public hearing.
1 Packet Pg. 10
Minutes Acceptance: Minutes of Jan 22, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of January 22, 2024 City Council Meeting Page 7 After Council discussion, there was a general consensus to remove Ms.
Nakamura’s property off the weed abatement list.
M/S: Scozzola/Lopez - That the City Council adopt Resolution 13102 directing the Community Development Director to proceed with the abatement of hazardous vegetation by the Santa Clara County Consumer and Environmental Protection Agency and to remove address 826 Waldo Road from the list.
Councilmember Furtado made a friendly amendment directing staff to review the policy and come back with a recommendation on whether the City should remain as part of the County program or be removed.
Councilmember Scozzola and Vice Mayor Lopez accepted the friendly amendment.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Lopez
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
12. Public Hearing to Consider the Request of Taeho Um & Associates on Behalf of Michele M. Babb for a Zoning Exception to Allow the Construction of Approximately 323 Square Foot Single -Car Garage with a Reduced Setback to the Public Right Way (Alley), on Property Located at 20 Alice Avenue, Commonly Known as the Mary Fablinger House, Within the Alice Avenue Historic District and in the R -1-6-H (Single -Family Residential/Historic Overlay Combining Zoning District). File No.: PLN - 2023-127. (Resolution/Roll Call Vote)
Recommended Action: The Historic Preservation Board recommends that the City Council adopt a Resolution approving a Zoning Exception to allow the construction of approximately 323 square foot single -car garage with a reduced setback to the public right way (alley).
This is the time and place for a public hearing to consider the request of Taeho Um & Associates on behalf of Michele M. Babb for a Zoning Exception to allow the construction of approximately 323 square foot single -car garage with a reduced setback to the public right of way (Alley), on property located at 20 Alice Avenue, commonly known as the Mary Fablinger House, within the Alice Avenue Historic District and in the R-1-6-H.
Councilmember Furtado recused himself from this item due to the proximity of property he owns to the project site and left the Council Chambers.
Assistant Planner Lomen presented a staff report dated January 22, 2024.
1 Packet Pg. 11
Minutes Acceptance: Minutes of Jan 22, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of January 22, 2024 City Council Meeting Page 8 Following Council questions, Mayor Landry opened the public hearing.
Applicant representatives addressed the Council’s question relating to the fence, stating they are intending to keep the fence as much as possible while adhering to City design guidelines.
Seeing no one else wishing to speak, Mayor Landry closed the public hearing.
M/S: Lopez/Scozzola – That the City Council adopt Resolution 13103 approving a Zoning Exception to allow the construction of approximately 323 square foot single-car garage with a reduced setback to the public right way (alley). The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Scozzola
AYES: Landry, Lopez, Scozzola, Bybee
RECUSED: Furtado
Councilmember Furtado returned to the City Council Chambers.
13. Public Hearing to Consider the Request of Sachneel Patel on Behalf of 44 Sunnyside LLC for a 6-Lot Detached Single-Family Residential Subdivision, and Removal of Two 'Protected' Trees, on Property Located at 44 and 56 Sunnyside Avenue. the Applications Under Consideration Include a Planned Development Permit, Tentative Subdivision Map, and Tree Removal Permit, Submitted Under an SB -330 Preliminary Application Filed in Compliance with Government Code § 65941.1. File No.: PLN -2023-135. (Ordinance/Resolution/Roll Call Vote)
Recommended Action: The Planning Commission recommends that the City Council take the following actions: (1) Introduce an ordinance approving a Planned Development Permit and (2) Adopt a resolution approving a Tentative Vesting Subdivision Map and a Tree Removal Permit.
Now is the time and place for a public hearing to consider the request of Sachneel Patel on behalf of 44 Sunnyside LLC for a 6 -lot detached single-family residential subdivision, and removal of two 'protected' trees, on property located at 44 and 56 Sunnyside Avenue. The applications under consideration include a Planned Development Permit, Tentative Subdivision Map, and Tree Removal Permit, submitted under SB-330.
Senior Planner Fama presented a staff report dated January 22, 2024.
Councilmember Furtado asked if there are any other properties on that street currently affected by the park strip requirements.
Senior Planner Fama deferred to Senior Civil Engineer Storz for a response.
1 Packet Pg. 12
Minutes Acceptance: Minutes of Jan 22, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of January 22, 2024 City Council Meeting Page 9 Senior Civil Engineer Storz stated that in this instance there is a lot of redevelopment expected along Winchester Boulevard, the property to the west (Coach’s) of this has a 10 -foot sidewalk that transitions to an attached 5 -foot sidewalk. It is expected that Coach’s will want to redevelop in the future where a full sidewalk would be required. With the density of this project, staff saw it as a good opportunity to use this property as a transition from the wider sidewalk to the five-foot sidewalk that is seen on the rest of the street.
Following Council questions, Mayor Landry opened the public hearing and asked if anyone wished to speak.
Lance Cornell, Principal Architect thanked Senior Planner Fama and City Staff for their assistance and guidance on the project and was available for any additional Council questions.
Seeing no one else wishing to speak, Mayor Landry closed the public hearing.
Mayor Landry proposed removing the parkway strip requirement.
Following Council discussion, M/S: Bybee/Lopez – That the City Council introduce Ordinance 2301 approving a Planned Development Permit and adopt Resolution 13104 approving a Tentative Vesting Subdivision Map and a Tree Removal Permit. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Lopez
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
City Clerk Sanders read the full title of Ordinance 2301.
M/S: Furtado/Scozzola – That the City Council waive further reading of Ordinance 2301. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Scozzola
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
14. Public Hearing to Consider the Request of Salvatore Caruso to Allow Construction of a Stacked Two -Level, 1,940 Square -Foot Duplex on an Existing Residential Property Developed with a Detached Single -Family Home to Remain, Located at 105 Kennedy Avenue, Including Vacation and Abandonment of an Existing Public Sidewalk Easement, and Reconstruction of Existing 6 -Foot Fence. the Application Under Consideration is a Planned Development Permit Submitted Under an SB - 1 Packet Pg. 13
Minutes Acceptance: Minutes of Jan 22, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of January 22, 2024 City Council Meeting Page 10 330 Pre-Application Filed in Compliance with Government Code § 65941.1.
File No.: PLN-2023-119. (Resolution/Roll Call Vote)
Recommended Action: The Planning Commission recommends that the City Council adopt a resolution approving a Planned Development Permit.
This is the time and place for a public hearing to consider the request of Salvatore Caruso to allow construction of a stacked two -level, 1,940 square-foot duplex on an existing residential property developed with a detached single - family home to remain, located at 105 Kennedy Avenue, including vacation and abandonment of an existing public sidewalk easement, and reconstruction of existing 6-foot fence.
Senior Planner Fama presented a staff report dated January 22, 2024.
Mayor Landry asked about the walkway around the driveway and if it was feasible to reduce the sidewalk to 10-feet.
Senior Civil Engineer Storz stated generally the minimum driveway width per City standards is 12-feet but there have been instances where the driveway was less.
He noted along the industrial frontage the sidewalk is only 3.5-feet wide and does not meet ADA requirements. Staff is requesting the applicant to widen the sidewalk to 5 -feet. The applicant has also concurrently filed an easement vacation application as the sidewalk was in conflict with the proposed building location. Mr. Storz added that the City is remedying inconsistencies with the sidewalks in that area and as part of that project, staff has requested the applicant be consistent with those updates along the Kennedy frontage.
Following Council questions Mayor Landry opened the public hearing and asked if anyone wished to speak.
Salvatore Caruso, project applicant, stated he would be open to decreasing the driveway and would work with staff. He stated that the existing sidewalk is 4 -feet, and he would like to keep it as is and attached. He detailed that to demolish the current sidewalks and build to 5 -feet wide is a very costly expense. He would be willing to work with staff to meet any ADA requirements along Kennedy.
Seeing no one wishing to speak Mayor Landry closed the public hearing.
The City Council discussed with staff whether allowing Mr. Caruso a concession with the sidewalk would be feasible.
Senior Civil Engineer Storz stated the current attached sidewalk along Industrial Street is only 3.5-feet wide as the curb is not considered part of the sidewalk per ADA standards. He noted that widening an existing sidewalk is problematic as it will end up separating or uplifting and the only way would be to take out the existing sidewalk of 3.5 feet and replace with a 5 -foot sidewalk attached to the existing sidewalk.
1 Packet Pg. 14
Minutes Acceptance: Minutes of Jan 22, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of January 22, 2024 City Council Meeting Page 11
Mr. Caruso asked to speak and address staff’s concerns.
Mayor Landry reopened the public hearing and allowed Mr. Caruso to speak.
Mr. Caruso spoke to the sidewalk along Industrial Street, and that he believed there are ways to stabilize the sidewalk to widen it and that the soil reports show it could handle a widened sidewalk.
Seeing no one else wishing to speak Mayor Landry closed the public hearing.
City Manager Loventhal advised that this is a public right -of-way, and the liability and responsibility of the sidewalk would be on the City and advised the Council to follow staff’s recommendations.
The Council discussed if it was possible to leave the sidewalk along Kennedy as it currently exists. Staff stated that currently the City does not have the right -of- way for the existing sidewalk so the applicant would need a condition of approval to dedicate the right-of-way as necessary to make the existing improvements.
After discussion, Mayor Landry made a motion that the City Council adopt a resolution approving a Planned Development Permit with the revision of removing the detached sidewalk on Kennedy Avenue.
Vice Mayor Lopez seconded the motion.
The City Council and City Attorney Seligmann discussed the motion and the need to modify the current proposed Conditions of Approvals to allow the Kennedy sidewalk to remain.
Mayor Landry amended her motion stating Condition of Approval #14 be amended to remove 30 -foot half street and replace with 25 -foot; and Condition #18d be removed from the requirements and item f be modified from 4 -feet to 5- feet.
Vice Mayor Lopez accepted the friendly amendment.
Councilmember Bybee expressed concerns with creating legislation on the dais and suggested continuing this item for a more thorough review to provide resolutions and conditions that are consistent with Council direction.
Councilmembers and applicant expressed support for continuing the item.
Mayor Landry withdrew her original motion.
M/S: Landry/Lopez – That the City Council continue this item to a date uncertain. The motion was adopted by the following roll call vote:
1 Packet Pg. 15
Minutes Acceptance: Minutes of Jan 22, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of January 22, 2024 City Council Meeting Page 12 RESULT: CONTINUE [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
15. Introduction of Ordinance Amending Start Time for Regular City Council Meetings (Ordinance/Roll Call Vote)
Recommended Action: That the City Council introduce and hold first reading of an Ordinance amending Section 2.04.020 of the Campbell Municipal Code to revise the start time for regular City Council meetings.
This is the time and place for a public hearing for the City Council to consider an Ordinance amending Section 2.04.020 of the Campbell Municipal Code to revise the start time for regular City Council meetings.
Administrative Analyst Zetino presented a staff report dated January 22, 2024.
City Manager Loventhal noted a revised Ordinance has been prepared to allow future changes to the start time of the City Council meeting to be changed by Resolution instead of by Ordinance.
Following Council questions Mayor Landry opened the public hearing and asked if anyone wished to speak.
Seeing no one wishing to speak, Mayor Landry closed the public hearing.
After discussion, M/S: Furtado/Bybee – That the City Council introduce Ordinance 2302 amending Section 2.04.020 of the Campbell Municipal Code to revise the start time for regular City Council meetings as presented in the desk item. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
City Clerk Sanders read the full title of Ordinance 2302.
M/S: Furtado/Bybee – That the City Council waive further reading of Ordinance 2301. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
NEW BUSINESS
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Minutes Acceptance: Minutes of Jan 22, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of January 22, 2024 City Council Meeting Page 13 There was no new business.
UNFINISHED BUSINESS
There was no unfinished business.
COUNCIL COMMITTEE REPORTS
16. Designation of City Representative for County of Santa Clara Housing and Community Development Advisory Committee (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution designating a city representative and an alternate member for the County of Santa Clara Housing and Community Development Advisory Committee.
Community Development Director Eastwood presented a staff report dated January 22, 2024.
Following Council questions, Mayor Landry asked if anyone wished to speak.
There was no one wishing to speak.
After discussion, M/S: Lopez/Scozzola – The City Council adopt Resolution 13105 designating Mayor Landry as primary and Councilmember Scozzola as the alternate representative for the County of Santa Clara Housing and Community Development Advisory Committee. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Scozzola
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
17. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Mayor Bybee asked for clarification on the responsibilities and duties of the Measure O Ad Hoc Committee.
The Council discussed the formation of the committee.
After discussion, M/S: Lopez/Scozzola – That the formation of a Measure O Ad Hoc committee be brought back for future discussion. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [3 TO 2]
MOVER: Lopez
SECONDER: Scozzola
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Minutes Acceptance: Minutes of Jan 22, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of January 22, 2024 City Council Meeting Page 14 AYES: Landry, Lopez, Scozzola
NAYS: Furtado, Bybee
Councilmember Bybee attended the Cities Association of Santa Clara County meeting.
Vice Mayor Lopez attended the Valley Transportation Authority meeting as Vice Chair. He announced the League of California Cities in conjunction with the Santa Clara County Cities Association is hosting a legislator address Friday, January 26 at 5:30 p.m. in Palo Alto. He congratulated Dan Orloff as the new Chamber of Commerce President.
Councilmember Scozzola attended the Silicon Valley Clean Energy meeting.
Councilmember Furtado attended the West Valley Sanitation District meeting and was elected Chair; attended the meeting of the West Valley Mission College Foundation meeting and spoke of their upcoming 60 th anniversary events; and attended the Early Settlers committee meeting and noted the Committee has worked with the Campbell Chamber of Commerce for sponsorship and responsibility of the Early Settlers Celebration event.
Mayor Landy attended the U.S. Conference of Mayors and spoke of the January 25 Police Building Groundbreaking Ceremony.
ADJOURN
Mayor Landry adjourned the meeting at 9:38 p.m.
APPROVED:
ATTEST:
Susan M. Landry, Mayor
Andrea Sanders, City Clerk
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Minutes Acceptance: Minutes of Jan 22, 2024 7:30 PM (CONSENT CALENDAR)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
CITY COUNCIL EXECUTIVE SESSION
Tuesday, October 17, 2023 – 6:00 PM
Doetsch Conference Room
70 N. First Street, Campbell, California
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
CALL TO ORDER
The City Council of the City of Campbell convened this day in the special meeting place, the Doetsch Conference Room, 70 N. First Street, Campbell, California.
ROLL CALL
Attendee Name Title Status
Anne Bybee Mayor Present
Susan M. Landry Vice Mayor Present
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present
PUBLIC COMMENT
There was no public comment.
MOVE INTO CLOSED EXECUTIVE SESSION
A. Personnel
B. Litigation - CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: (1 Case): The low bidder on the Campbell Police Operations project has requested that its bid be withdrawn, exposing the City to a significant exposure to litigation under California Public Contracts Code Section 5101 et. Esq.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code section 54956.9) Name of Case: FPPC v. City of Campbell et. al.
C. Real Property
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Minutes Acceptance: Minutes of Jan 22, 2024 6:45 PM (CONSENT CALENDAR)
Minutes of January 22, 2024 City Council Meeting Page 2 D. Labor Negotiations
The City Council met in Executive Session to discuss two items under B – Litigation. City Manager Loventhal and City Attorney Seligmann were in attendance for both items. Assistant City Manager Gaeta and Public Works Director Capurso were in attendance for the first Item under B. Outside counsel Gary Winuk of Kaufman Legal Group was in attendance virtually for the second item under B.
ADJOURN
Mayor Bybee adjourned the meeting at 6:58 p.m.
APPROVED:
ATTEST:
Anne Bybee, Mayor
Andrea Sanders, City Clerk
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Minutes Acceptance: Minutes of Jan 22, 2024 6:45 PM (CONSENT CALENDAR)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
SPECIAL MEETING OF THE CAMPBELL CITY COUNCIL
Thursday, January 25, 2024 – 1:30 p.m.
Doubletree By Hilton Campbell/Pruneyard Plaza - Orchard Room 1995 S. Bascom Avenue, Campbell, CA 95008
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
CALL TO ORDER
The City Council of the City of Campbell convened this day in the special meeting place, the Doubletree By Hilton Campbell/Pruneyard Plaza - Orchard Room 1995 S. Bascom Avenue, Campbell, CA 95008
ROLL CALL
Attendee Name Title Status
Susan M. Landry Mayor Present
Sergio Lopez Vice Mayor Present
Anne Bybee Councilmember Present
Dan Furtado Councilmember Present
Elliot Scozzola Councilmember Present
PUBLIC COMMENT
There was no public comment.
NEW BUSINESS
1. City Council/Executive Team Retreat
Recommended Action: That the City Council conduct team building exercises with Executive Team staff.
Mike Messina of Messina & Associates, Inc.; City Manager, Brian Loventhal; Assistant City Manager, Angelique Gaeta; City Attorney, Bill Seligmann; City Clerk, Andrea Sanders; Human Resources Manager, Jenny Le -Christensen; Public Works Director, Todd Capurso; Community Development Director, Rob Eastwood; Finance Director, Will Fuentes; Police Chief, Gary Berg; and Recreation & Community Services Director, Natasha Bissell were in attendance. 3 Packet Pg. 21
Minutes Acceptance: Minutes of Jan 25, 2024 1:30 PM (CONSENT CALENDAR)
Minutes of January 25, 2024 City Council Meeting Page 2
The City Council and Executive Team staff participated in team building exercises led by Mr. Messina.
ADJOURN
Mayor Landry adjourned the meeting at 6:10 p.m.
APPROVED:
ATTEST:
Susan M. Landry, Mayor
Andrea Sanders, City Clerk
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Minutes Acceptance: Minutes of Jan 25, 2024 1:30 PM (CONSENT CALENDAR)
City
Council
Report
TITLE: Approving Bills and Claims
RECOMMENDED ACTION
Approve the bills and claims in the amount of $1,113,274.89.
DISCUSSION
The bills and claims that have been audited and approved by staff for payments made as noted below:
Type Check Date Amount
Bills & Claims January 08, 2024 $556,906.70
Bills & Claims January 15, 2024 $524,801.94
Payroll January 18, 2024 $31,566.25
Total $1,113,274.89
FISCAL IMPACT
Requested action does not require a budget adjustment. Adequate funding was available to cover all expenses as listed.
Prepared by:
Celia Deniz, Accounting Clerk II
Reviewed by:
Norite Vong, Finance Manager
Item: 4
Category: CONSENT CALENDAR
Meeting Date: February 6, 2024
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Approving Bills and Claims Page 2 of 2
Approved by:
Brian Loventhal, City Manager
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City
Council
Report
TITLE: Investment Report - Quarter Ending December 2023
RECOMMENDED ACTION
That the City Council approve the Investment Report for the quarter ending December 2023 and the report be noted and filed.
DISCUSSION
The City invests primarily in the State of California Local Agency Investment Fund (LAIF) and US Government Agency securities to preserve the safety of the City’s surplus funds while achieving a reasonable portfolio return. The City’s strategy is one of buy-and-hold in which a portion of the portfolio is invested in fixed income securities of varying maturities providing sufficient cash flow to meet the City’s operational needs.
During the quarter, the City’s total pooled investment portfolio remained flat at $93.2 million. Interest earned for the quarter increased to $837,000. A federal security (FFCB), purchased at $2.0 million, earning 3.5% matured. Please note that the City pools all cash for investment purposes, but accounts, reports, and tracks investment income, other revenue, and expenditures separately for each fund to properly meet the purpose and restrictions of each funding source. This is common and appropriate practice used in public agencies to gain the benefit of economies of scale when investing.
All investments are made in accordance with the City's established Investment Policy update (Approved by Resolution No. 13042 on September 5, 2023) or as authorized pursuant to bond covenants. Presented within this report are the following:
· Investment balance & earnings - Qtr. ending, December 2023 · Summary of investments by type - Qtr. ending December 2023 · List of investments by institution - Qtr. ending December 2023 · Reconciliation of pooled cash - Qtr. ending December 2023 · Summary of Total Cash Invested - Qtr. ending December 2023 · Monthly Schedule of Investments - Qtr. ending December 2023 · Cash flow projections for January 2024 thru June 2024 · Actual Receipts and Disbursements - Qtr. ending December 2023
Item: 5
Category: CONSENT CALENDAR
Meeting Date: February 6, 2024
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Investment Report - Quarter Ending December 2023 Page 2 of 5 Investment Balance and Earnings - Quarter ending 12/31/2023 Bal. at Beg. Bal. at End Interest Interest % of Interest of Quarter of Quarter Earned- Q2 Earned Earned
10/1/2023 12/31/2023 12/31/2023 YTD YTD/Budget
93,213,366$ 58,992,045$ (59,037,233)$ 93,168,178$ 842,049$ 1,604,637$ 291% Purchases/
Deposits
Maturities/
Withdrawals
Cash Flow
The cash flow projection reflects sufficient funds available to meet the City of Campbell’s anticipated expenditures for January 2024 through June 2024. (Attachment B). When highly liquid LAIF funds ($67.2 million) are combined with actual cash on deposit ($0.3 million), the City has $67.5 million in actual liquid cash balances as of the end of December 31, 2023. The City’s managed liquidity is estimated to increase by $10.4 million to $77.9 million by the end of June 2024, due to a projected 6 months cumulative $10.4 million positive operational cash flow. Primarily driving the increase is an expected $20.9M incoming cash from property taxes for the six -month period, a 5% increase over last year. And we’re targeting $7.0 million in additional investment purchases to offset the $6.0M in scheduled BNY government security maturities and $1.0M from the maturity of our Certificate of Deposit. Additionally, the City is expected to receive $2.4 million from the State for the 2nd half of the Library grant and $500,000 for the Silicon Valley Clean energy grant as well as increased investment interest revenue during this period. Please note that within the LAIF funds, an estimated $39.0 million will be restricted solely to Measure O spending; $8.2 million for the 2020 GO Bond and $30.8 million for 2022 GO Bond. Staff expects property, sales and other economic activity-related receipts and interest earnings to grow but remains mindful to watch if signs start pointing to slower growth. Staff prioritizes safety, liquidity, and maximizing return, in that order.
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Investment Report - Quarter Ending December 2023 Page 3 of 5 List of Investments by Institution - Quarter ending 12/31/2023 % of Total Market Diff. Bet. Cost
Cost Portfolio Value & Market
Local Agency Invest. Fund (L.A.I.F.)
LAIF - Regular Acct 19,664,555 21.11% 19,537,583 (126,971)$ LAIF- MEAS O (2018 GOB) Acct 16,065,000 17.24% 15,961,270 (103,730)$ LAIF- MEAS O (2020 GOB) Acct 31,436,000 33.74% 31,233,022 (202,978)$ Total L.A.I.F 67,165,555$ 72.09% 66,731,876$ (433,679)$ Bank of Montreal (BMO)
Certificate of Deposit 1,000,000 1.07% 1,000,000 -$ Total BOM 1,000,000$ 1.07% 1,000,000$ -$
BNY
Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1.07% 970,750 (29,250) Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1.07% 962,790 (37,210) Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1.07% 940,200 (59,800) Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1.07% 945,790 (54,210) Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1.07% 956,550 (43,450) Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1.07% 973,950 (26,050) Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1.07% 994,880 (5,120) Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1.07% 991,320 (8,680) Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1.07% 987,380 (12,620) Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1.07% 988,800 (11,200) Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1.07% 999,770 (230) Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1.07% 998,620 (1,380) Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1.07% 999,550 (450) Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1.07% 991,900 (8,100) Fed. Home Loan Bank (FHLB)_Step up 1,000,000 1.07% 970,100 (29,900) Fed. Home Loan Bank (FHLB)_Step up 1,000,000 1.07% 992,150 (7,850) Fed. Home Loan Bank (FHLB)_Step Up 2,000,000 2.15% 1,998,240 (1,760) Fed. Home Loan Bank (FHLB)-Fixed 1,000,000 1.07% 958,640 (41,360) Total 19,000,000$ 20.39% 18,621,380$ (378,620)$
Fed. Home Loan Bank (FHLMC)-Step Up 1,000,000 1.07% 998,560 (1,440)$ Total 1,000,000$ 1.07% 998,560$ (1,440)$
Fed Nat'l Mrtgage Assoc- Fixed 1,000,000 1.07% 1,000,200 200$ Total 1,000,000$ 1.07% 1,000,200$ 200$
Fed. Farm Credit Bank (FFCB)_Fixed 1,000,000 1.07% 985,580 (14,420)$ Fed. Farm Credit Bank (FFCB)_Fixed 1,000,000 1.07% 979,550 (20,450)$ Fed. Farm Credit Bank (FFCB)-Fixed 999,860 1.07% 983,210 (16,650)$ Total 2,999,860$ 3.22% 2,948,340$ (51,520)$
Government Securities 23,999,860$ 25.76% 23,568,480 (431,380)$ -$
-$
AMEX 250,000 0.27% 246,933 (3,067)$ Capital One 250,000 0.27% 246,856 (3,144)$ Capital One 250,000 0.27% 246,856 (3,144)$ Bank of India 250,000 0.27% 246,797 (3,203)$ Corporate Notes 1,000,000$ 1.07% 987,442$ (12,558)$ .
BNY Mellon--Money Market Fund ** 2,763 0.01% 2,763 (1)$ Grand Total 93,168,178$ 100% 92,290,561$ (877,617)$ Institution
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Investment Report - Quarter Ending December 2023 Page 4 of 5 * The City intends to hold treasury/agency securities to maturity or until they are called, as a result this is a paper gain and/or loss that will not be realized. In a decreasing interest rate environment, as we are experiencing, unrealized gains are expected.
** Cash with fiscal agent held for debt service payments.
Prepared by:
John Formale, Accountant
Reviewed by:
Will Fuentes, Finance Director
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Investment Report - Quarter Ending December 2023 Page 5 of 5
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Quarterly Schedule of Investments
b. Cashflow Projections
c. Actual Receipts and Disbursements
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City of Campbell
Quarterly Schedule of Investments -
- Dec-23 - 0.44 \
Maturities/ Remain Interest Interest # of Int.Recv. Interest Interest Int.Recv. Interest Interest Beginning Purchases/ Calls/ Ending % of % of Par Market Maturity Days Rate Earned to Days in Beginning Earned Received Ending Received Bal. to Balance Deposits Withdrawals Balance Type Assets Value Value Date To Mat This Qtr. Maturity This Qtr. Balance This Qtr. This Qtr. Balance To Date Maturity Local Agency Invest. Fund (L.A.I.F.)
LAIF - Regular Acct 64,581,851 8,332,704 (53,250,000) 19,664,555 29.28% 21.11% 19,664,555 19,537,583 N/A N/A 3.814% N/A 31 516,208 167,033 632,704 50,537 3,835,062 N/A LAIF- MEAS O (2018 GOB) Acct 16,195,000 (130,000) 16,065,000 23.92% 17.24% 16,065,000 15,961,270 N/A N/A 3.814% N/A 31 - 154,831 - 154,831 - N/A LAIF- MEAS O (2020 GOB) Acct 31,455,000 (19,000) 31,436,000 46.80% 33.74% 31,436,000 31,233,022 N/A N/A 3.814% N/A 31 - 302,300 - 302,300 - N/A Subtotal-LAIF 64,581,851 55,982,704 (53,399,000) 67,165,555 100.00% 72.09% 67,165,555 66,731,876 3.814% 516,208 624,165 632,704 507,669 3,835,062 .
Certificates of Deposit
Bank of Montreal (BMO) - 3,008,144 (2,008,144) 1,000,000 100.00% 1.07% 1,000,000 1,000,000 12/17/23 N/A 4.859% N/A 31 - 9,994 8,144 1,850 - N/A - 3,008,144 (2,008,144) 1,000,000 100.00% 1.07% 1,000,000 1,000,000 4.859% - 9,994 8,144 1,850 - -
Gov't Securities (Custodian-BNY Bank) . - - Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 970,750 08/26/24 239 0.500% 16,274 31 4,596 1,260 2,500 3,357 7,500 8,774 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 962,790 01/22/25 388 0.700% 24,567 31 1,764 1,764 - 3,529 10,500 14,067 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 940,200 09/17/25 626 0.800% 32,022 31 657 2,016 - 2,674 16,000 16,022 Fed. Home Loan Bank (FHLB)_Step up 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 970,100 11/18/24 323 1.350% 40,537 31 11,500 3,403 6,750 8,153 3,500 27,028 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 945,790 07/29/25 576 0.810% 30,381 31 1,381 2,042 - 3,423 10,125 20,256 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 956,550 03/21/25 446 0.650% 22,741 31 534 1,638 - 2,173 13,750 8,991 Fed. Home Loan Bank (FHLB)_Step up 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 992,150 02/28/25 425 2.500% 75,068 31 8,785 6,301 - 15,086 18,750 56,318 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 973,950 02/27/25 424 2.000% 60,000 31 1,836 5,041 - 6,877 29,944 30,056 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 994,880 02/23/24 54 1.750% 34,760 31 1,801 4,411 - 6,212 26,007 8,753 Fed. Farm Credit Bank (FFCB)_Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 985,580 06/22/26 904 4.120% 164,913 31 11,175 10,385 20,600 959 61,800 103,113 Fed. Farm Credit Bank (FFCB)_Fixed 2,000,000 - (2,000,000) - 0.00% 0.00% - - 12/22/23 - 3.490% - 31 18,932 15,968 34,900 - 104,700 (104,700) Fed. Farm Credit Bank (FFCB)_Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 979,550 07/12/27 1,289 3.960% 198,108 31 8,679 9,981 - 18,661 39,600 158,508 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 991,320 07/19/24 201 3.430% 68,694 31 6,766 8,645 - 15,412 17,150 51,544 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 987,380 07/21/25 568 3.650% 109,600 31 7,100 9,200 - 16,300 18,250 91,350 Fed. Home Loan Bank (FHLB)_Step Up 2,000,000 - - 2,000,000 8.33% 2.15% 2,000,000 1,998,240 01/25/24 25 4.000% 120,329 31 14,640 20,164 - 34,804 30,000 90,329 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 988,800 01/28/25 394 3.625% 90,873 31 6,356 9,137 - 15,493 18,125 72,748 Fed. Home Loan Bank (FHLB)_Fixed- orig 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 991,900 07/26/24 208 3.550% 70,805 31 6,423 8,948 - 15,371 17,454 53,351 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 999,770 03/01/24 61 5.250% 52,644 31 3,955 13,233 - 17,188 69,954 (17,310) Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 998,620 09/06/24 250 5.400% 81,222 31 3,625 13,611 - 17,236 71,454 9,768 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 999,550 02/15/24 46 5.100% 38,564 31 6,462 12,855 - 19,317 30,204 8,360 Fed National Mortgage Assoc- Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 1,000,200 06/28/24 180 5.330% 53,446 31 17,816 13,435 26,250 5,001 26,250 27,196 Fed. Home Loan Bank (FHLMC)-Step Up 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 998,560 08/15/25 593 5.000% 152,466 31 8,865 12,603 - 21,468 37,500 114,966 Fed. Farm Credit Bank (FFCB)-Fixed 999,860 - - 999,860 4.17% 1.07% 1,000,000 983,210 06/20/25 537 3.375% 101,065 31 7,348 10,506 16,875 979 52,531 48,534 Fed. Home Loan Bank (FHLB)-Fixed 1,000,000 - - 1,000,000 4.17% 1.07% 1,000,000 958,640 12/30/24 365 0.625% 23,476 31 3,665 1,575 3,125 2,115 12,500 10,976 Subtotal-Gov't Securities 25,999,860 - (2,000,000) 23,999,860 100.00% 25.76% 24,000,000 23,568,480 2.978% 1,662,555 164,664 198,123 111,000 251,786 743,549 908,997 Corporate Notes .
AMEX 250,000 - - 250,000 25.00% 0.27% 250,000 246,933 08/12/24 225 3.500% 17,860 31 1,540 2,205 - 3,745 8,375 9,485 Capital One 250,000 - - 250,000 25.00% 0.27% 250,000 246,856 08/12/24 225 3.300% 16,839 31 1,097 2,079 - 3,177 8,250 8,589 Capital One 250,000 - - 250,000 25.00% 0.27% 250,000 246,856 08/12/24 225 3.300% 16,839 31 1,097 2,079 - 3,177 8,250 8,589 Bank of India 250,000 - - 250,000 25.00% 0.27% 250,000 246,797 08/22/24 235 3.500% 18,099 31 1,306 2,205 - 3,511 8,375 9,724 31 - - - Subtotal-Corporate Notes 1,000,000 - - 1,000,000 100.00% 1.07% 1,000,000 987,442 2.776% 134,197 5,040 8,570 - 13,610 97,868 (28,231) Investments under the management of contracted parties:
Trustee: BNY Mellon
2016 Lease Revenue Bond Payment 685,825 501 (685,400) 926 33.49% 0.00% 926 926 N/A N/A 0.025% N/A 31 - 501 501 - 537 N/A 2016 SA Refunding Debt Service/TARB 945,831 697 (944,689) 1,838 66.51% 0.00% 1,838 1,838 N/A N/A 0.018% N/A 31 - 697 697 - 1,284 N/A Subtotal-Trust A/C 1,631,655 1,198 (1,630,089) 2,763 100.00% 0.00% 2,764 2,763 N/A 0.330% - (0) 1,198 1,198 (0) 1,861 - Total Portfolio 93,213,366 58,992,045 (59,037,233) 93,168,178 100.00% 93,168,319 92,290,561 Wgt Avg- Qtr.. 3.252% 1,796,752 685,911 842,049 753,045 774,914 4,678,341 880,766
Investment Portfolio Increased / (Decreased) by: (45,188)$ Weighted Average to Maturity = 133.5 Days -
% of Wgt Avg- Qtr.. Actual Actual
Note: Total Cash Invested Rate/Annual Yield Interest Earned Interest Received S - Semi-Annual Month FY 23-24 FY 22-23 FY 23-24 FY 22-23 Month Wgt Avg FY 23-24 FY 22-23 FY 23-24 FY 22-23 FY 23-24 FY 22-23 Q - Quarterly July 99,833,264$ 95,992,423$ 99.80% 97.43% July Wgt Avg 3.142% 1.256% 264,702 96,870 721,065 92,394 M - Monthly August 92,683,270 88,892,423 97.02% 96.51% August Wgt Avg 3.221% 1.551% 251,829 115,907 80,495 36,229 September 93,213,366 90,715,725 98.58% 99.10% September Wgt Avg 3.309% 1.747% 246,058 127,709 60,507 11,182 October 92,516,922 89,623,228 99.88% 99.95% October Wgt Avg 3.218% 1.935% 273,416 147,697 636,770 238,174 November 90,991,292 90,523,477 97.02% 99.39% November Wgt Avg 3.300% 2.179% 270,471 158,306 9,495 5,305 December 93,168,178 92,073,477 99.66% 99.57% December Wgt Avg 3.238% 2.176% 298,162 179,271 106,780 80,614 January 98,899,945 94.85% January Wgt Avg 2.472% 208,814 471,291 February 98,599,948 99.56% February Wgt Avg 2.595% 195,619 65,515 March 97,773,330 98.59% March Wgt Avg 2.643% 217,030 10,378 April 100,137,547 96.96% April Wgt Avg 2.830% 233,863 487,596 May 101,000,817 98.40% May Wgt Avg 2.915% 258,460 35,020 31-Dec-23 June 102,000,823 94.90% June Wgt Avg 3.045% 253,694 74,381 31 Average 93,734,382$ 95,519,430$ Average 98.66% Average 97.93% Average 3.238% 2.279% 1,604,637 2,193,242 1,615,112 1,608,079 Portfolio Balance
invsch10- Dec'23 Q2 24 Quarterly- V3- final copy for PDF 1/19/2024
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Attachment: Quarterly Schedule of Investments (Investment Report - Quarter Ending December 2023)
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Attachment: Cashflow Projections (Investment Report - Quarter Ending December 2023)
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Attachment: Cashflow Projections (Investment Report - Quarter Ending December 2023)
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Attachment: Cashflow Projections (Investment Report - Quarter Ending December 2023)
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Attachment: Cashflow Projections (Investment Report - Quarter Ending December 2023)
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Attachment: Cashflow Projections (Investment Report - Quarter Ending December 2023)
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Attachment: Cashflow Projections (Investment Report - Quarter Ending December 2023)
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Attachment: Actual Receipts and Disbursements (Investment Report - Quarter Ending December 2023)
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Attachment: Actual Receipts and Disbursements (Investment Report - Quarter Ending December 2023)
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Attachment: Actual Receipts and Disbursements (Investment Report - Quarter Ending December 2023)
City
Council
Report
TITLE: Monthly Treasurer's Report (December 2023)
RECOMMENDED ACTION
That the City Council review and accept the Monthly Treasurer’s Report for the month ended December 31, 2023.
BACKGROUND
California government code section 41004 requires that the City Treasurer submits to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The City of Campbell’s Finance Director has the responsibility of City Treasurer. This report is prepared to fulfill this requirement.
This report provides financial transaction data for the City of Campbell’s Funds collectively, including the City’s General (Operating) Fund.
DISCUSSION
This Monthly Treasurer’s Report details and summarizes receipts, disbursements, and fund balances for the month ended December 31, 2023. As shown in Attachment A, the City recognized $ 7 million in revenues and incurred $ 7.8 million in expenditures in total, for all City funds. The City’s overall ending fund balance for December 2023 is $89.4 million, a decrease of $139,000 from the prior month.
For the month of December 2023, the City’s General Fund recognized $ 4.8 million in revenues and incurred $ 6.6 million in expenditures. Of the revenues received, $2.5 million and $1.4 million are attributed to property tax and sales tax, respectively . The City’s ending General Fund balance for December 2023 is $11.9 million, a decrease of $3.3 million from the prior month.
FISCAL IMPACT
There is no fiscal impact associated with the review and acceptance of the Monthly Treasurer’s Report.
Item: 6
Category: CONSENT CALENDAR
Meeting Date: February 6, 2024
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Monthly Treasurer's Report (December 2023) Page 2 of 2
Prepared by:
Carolina Vargas, Accountant
Approved by:
Brian Loventhal, City Manager
Attachment:
a. 2023.12 Fund Balance Staff Report
6 Packet Pg. 41
City of Campbell
Changes in Total Fund Balance
For the month ended December 31, 2023
Beginning Fund
Balance
07/01/2023
Increase/
(Decrease)
Jul- Nov
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out
Fund Balance
as of
12/31/2023
General Fund
Restricted Fund Balance - - - - - - - -
Committed Fund Balance -
General Plan Update 44,208.57 - - - - - 44,208.57 Compensated Absences 961,449.00 - - - - - 961,449.00 Liability insurance 136,473.00 - - - - - 136,473.00 Available Capital Improvement Reserve 30,109.00 - - - - - 30,109.00 Committed Capital Improvement Reserve 1,569,671.00 - - - - - 1,569,671.00 Community Center Facility 111,698.58 - - - - - 111,698.58 Heritage Theater 233,381.77 - - - - - 233,381.77 Historic Preservation 5,000.00 - - - - - 5,000.00 -
Assigned Fund Balance -
Capital Projects (Construction Tax) 325,256.00 - - - - - 325,256.00 Unemployment insurance 90,000.00 - - - - - 90,000.00 PERS 2,252,000.00 - - - - - 2,252,000.00 OPEB 370,102.00 - - - - - 370,102.00 Encumbrances 976,257.58 - - - - - 976,257.58 -
Unassigned Fund Balance -
Unassigned 1,512,136.02 (6,860,197.99) 4,767,842.22 (6,636,497.37) 76,450.00 (1,612,000.00) (8,752,267.12) City Council Reserve 362,624.00 - - - - - 362,624.00 Economic fluctuations 9,955,452.00 - - - - - 9,955,452.00 Emergency 3,207,453.65 - - - - - 3,207,453.65 General Fund Total 22,143,272.17 (6,860,197.99) 4,767,842.22 (6,636,497.37) 76,450.00 (1,612,000.00) 11,878,869.03 Special Revenue
Vehicle Impact 2,892,018.00 337,459.19 117,815.58 - - - 3,347,292.77 Gas Tax 1,288,502.53 (33,921.19) 382,563.22 (189,261.27) 352,750.00 - 1,800,633.29 Asset Forfeiture 107,753.48 3,569.99 1,560.26 - - - 112,883.73 Lighting & Landscape District 1,470,464.28 (1,274,538.22) 566,754.81 (304,467.64) 499,500.00 - 957,713.23 Housing & Community Development 345.85 - - - - - 345.85 Environmental Services 436,521.89 371,285.47 139,882.60 (12,120.72) 93,500.00 - 1,029,069.24 Supplemental Law Enforcement 180,648.36 45,847.44 11,377.15 (13,441.89) - - 224,431.06 State & Other Grants (1,519,732.25) 332,565.71 - - - - (1,187,166.54) TDA Grant 351,238.48 7,946.94 5,034.42 - - - 364,219.84 Federal Grants 128,344.97 755,993.44 7,694.24 - - - 892,032.65 ARPA Fund 40,718.35 143,507.76 104,324.79 786,274.00 - - 1,074,824.90 Housing Assistance 8,495,688.04 39,451.86 (38,390.61) (79,588.19) - - 8,417,161.10 Community Restitution Fund 97,234.82 10,536.65 2,786.83 - - - 110,558.30 Community Facilities District #1 897.63 (1,660.82) - (35,750.00) - (71,500.00) (108,013.19) Community Facilities District #2 201,961.13 (11,332.94) 2,609.99 (4,987.11) - (6,000.00) 182,251.07 Parkland Dedication 3,432,944.83 495,108.16 52,202.43 - - - 3,980,255.42 Recreation - Private Grants 6,022.19 115.40 86.03 - - - 6,223.62 Adult Center 16,683.86 318.43 238.31 - - - 17,240.60 Special Revenue Fund Total 17,628,256.44 1,222,253.27 1,356,540.05 146,657.18 945,750.00 (77,500.00) 21,221,956.94 Debt Service
Measure O 4,123,176.64 (3,313,473.24) 3,705.20 - - - 813,408.60 LID #30 32,333.61 - 461.85 - - - 32,795.46 2016 Refunding Lease Revenue Bond 19,461.23 (684,734.07) 191,653.89 - 383,300.00 - (90,318.95) Debt Service Fund Total 4,174,971.48 (3,998,207.31) 195,820.94 - 383,300.00 - 755,885.11 Internal Service Fund
Motor Vehicle Pool 1,101,697.82 847,411.94 101,982.42 (60,883.00) - (1,950.00) 1,988,259.18 Information Technology Pool (1,123,325.28) (238,800.46) 206,807.65 (127,959.40) 285,950.00 - (997,327.49) Worker's Compensation 671,085.57 149,738.97 116,110.88 (11,820.05) - - 925,115.37 Internal Service Fund Total 649,458.11 758,350.45 424,900.95 (200,662.45) 285,950.00 (1,950.00) 1,916,047.06 Trust/Agency
Successor Agency 1,159,732.00 (147,083.04) 458.26 - - - 1,013,107.22 West Valley Solid Waste JPA 340,277.17 114,558.93 129,828.45 (131,299.00) - - 453,365.55 SCC Specialized Enforcement Team - (75,100.10) 14,714.83 (27,369.31) - - (87,754.58) Trust/Agency Fund Total 1,500,009.17 (107,624.21) 145,001.54 (158,668.31) - - 1,378,718.19 Capital Project
Capital Projects Fund 929,106.00 (1,310,652.00) - (867,450.34) - - (1,248,996.34) Measure O CIP Fund 52,842,126.86 748,602.23 92,952.67 (142,830.53) - - 53,540,851.23 Capital Project Fund Total 53,771,232.86 (562,049.77) 92,952.67 (1,010,280.87) - - 52,291,854.89 Total City 99,867,200.23 (9,547,475.56) 6,983,058.37 (7,859,451.82) 1,691,450.00 (1,691,450.00) 89,443,331.22 Fund Description
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Attachment: 2023.12 Fund Balance Staff Report (Monthly Treasurer's Report (December 2023))
City
Council
Report
TITLE: Second Reading of Ordinance 2302 Amending Chapter 2.04 of the Campbell Municipal Code Regarding Council Meeting Times and Location and Establishing that Regular Meeting Dates or Times Shall be Set by Resolution (Ordinance/Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council (1) take second reading and adopt Ordinance 2302 amending Chapter 2.04.020 of the Campbell Municipal Code; and (2) adopt a Resolution setting the City Council regular meeting time to 7:00 p.m. on the first and third Tuesday of the Month.
BACKGROUND
At its meeting of December 5, 2023, the City Council directed staff to bring forth a report to amend the Campbell Municipal Code to change the start time of regular City Council meetings from 7:30 p.m. to 7:00 p.m.
DISCUSSION
At the regular meeting of January 22, 2024, the City Council held a public hearing to consider an ordinance amending Chapter 2.04.020 of the Municipal Code. At that meeting staff presented an amended ordinance by way of desk item to allow future changes to the start time for regular City Council meetings, be approved by way of resolution instead of Ordinance.
The item was approved by unanimous vote and the City Council took first reading of Ordinance 2302. In accordance with Gov. Code 36933, the full text of Ordinance 2302 will be published in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara on February 14, 2024, following approval of second reading. Ordinance 2296 will become effective 30 days following the second reading approval.
FISCAL IMPACT
Nominal publication costs are associated with approving the Ordinance second reading Item: 7
Category: CONSENT CALENDAR
Meeting Date: February 6, 2024
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Second Reading of Ordinance 2302 Page 2 of 2
to meet the requirement of Gov. Code 36933, but can be absorbed within the current FY 2024 Operating Budget. Costs for codification of the Ordinance in the Campbell Municipal Code are also included in the current budget by way of purchase order. Other fiscal impacts are included in the staff report introducing the Ordinance on January 22, 2024.
Prepared by:
Andrea Sanders, City Clerk
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Ordinance 2302 - Amending Meeting Start Times
b. Resolution - Amending Regular Meeting Time
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ORDINANCE NO. 2302
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 2.04 OF THE CAMPBELL MUNICIPAL CODE
REGARDING COUNCIL MEETING – TIMES AND LOCATION AND ESTABLISHING
THAT REGULAR MEETING DATES OR TIMES OF THE CITY COUNCIL SHALL BE
SET BY RESOLUTION
WHEREAS, Campbell City Council Ordinance # 1387, as subsequently amended by Ordinance # 2117, established the meeting times of the City Council; and WHEREAS, the City Council shall hold regular and special meetings as necessary to conform to the requirements of Chapter 2.04.020 of the Campbell Municipal Code; and WHEREAS, authorizing the City Council to establish regular meeting dates or times by resolution, rather than by ordinance, will reduce the staff cost of changing the date or times of meetings, will allow the City Council to establish meeting dates that are in the interest of the public, and will allow for increased public participation at City Council meetings.; and
WHEREAS, Section 2.04.020 provides that regular meetings of the City Council shall be held on the first and third Tuesday of each month at the hour of seven-thirty p.m.; and WHEREAS, the City Council desires to adjust the start time of its regular meetings from seven-thirty p.m. to seven p.m.;
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: 2.04.020 of the Campbell Municipal Code is hereby amended to read as follows with strikethroughs (strikethroughs) indicating deleted text, and underlining ( underlining) indicating added text:
2.04.020 – Meetings – Time and Location.
Meetings of the City Council shall be regularly held on the first and third Tuesdays of each month, at the hour of seven-thirty p.m. as set by resolution of the City Council and at such times to which regular meetings may be adjourned. The official place for the holding of such meetings is established to be the Campbell City Hall Council Chamber. Special meetings may be held pursuant to the provisions of general laws as the same now exist or may be hereafter amended. The regular meeting date or time may be adjusted by majority vote of the City Council.
PASSED AND ADOPTED this ___ day of ___, 2024 by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
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Attachment: Ordinance 2302 - Amending Meeting Start Times (Second Reading of Ordinance 2302) APPROVED:
__________________________
Susan M. Landry, Mayor
ATTEST:
________________________________
Andrea Sanders, City Clerk
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Attachment: Ordinance 2302 - Amending Meeting Start Times (Second Reading of Ordinance 2302) RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL CHANGING THE CITY COUNCIL MEETING START TIME FROM 7:30 PM TO 7:00
PM ON THE FIRST AND THIRD TUESDAY OF EACH MONTH
WHEREAS, Campbell City Council Ordinance # 1387, as subsequently amended by Ordinance # 2117, established the meeting times of the City Council; and WHEREAS, the City Council shall hold regular and special meetings as necessary to conform to the requirements of Chapter 2.04.020 of the Campbell Municipal Code; and WHEREAS, authorizing the City Council to establish regular meeting dates or times by resolution, rather than by ordinance, will reduce the staff cost of changing the date or times of meetings, will allow the City Council to establish meeting dates that are in the interest of the public, and will allow for increased public participation at City Council meetings.; and
WHEREAS, Section 2.04.020 provides that regular meetings of the City Council shall be held on the first and third Tuesday of each month at the hour of seven-thirty p.m.; and WHEREAS, the City Council desires to adjust the start time of its regular meetings from seven-thirty p.m. to seven p.m.;
WHEREAS, the City Council adopted Ordinance 2302 at their regular meeting of February 6, 2023 setting provisions in the Campbell Municipal Code to allow adjustments to the City Council regular meeting times to be established by resolution.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby approves its new regular meeting start time of 7:00 p.m., with meetings to be held on the first and third Tuesday of each month.
PASSED AND ADOPTED this ___ day of ___, 2024 by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
__________________________
Susan M. Landry, Mayor
ATTEST:
________________________________
Andrea Sanders, City Clerk
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Attachment: Resolution - Amending Regular Meeting Time (Second Reading of Ordinance 2302) City
Council
Report
TITLE: Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing Subsequent Repairs Per the Executed Contract Services Agreement with Burr Plumbing and in Accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution: 1) accepting updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizing subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in the event of an emergency, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.
BACKGROUND
On July 31, 2023, the City Council adopted Resolution No. 13024 which authorized the issuance of payment to Burr Plumbing (Burr) for all services rendered to -date on the emergency gas line repairs at the Campbell Community Center. The circumstances prompting staff’s initial service request, and the work performed thereafter, also permitted the dispensation of formal bidding procedures as specified in Campbell Municipal Code Sections 3.20.050 and 3.20.030(3), and California State Public Contracts Code (PCC) Section 20168 for services in response to emergency situations threatening the health, safety, or welfare of the public that necessitate this exemption.
Furthermore, the City Council was informed of outstanding repairs that were still required before PG&E could authorize the restoration of gas services to the remainder of the property, and the opportunity it presented to address critical system deficiencies by implementing other upgrades at the same time. To facilitate these efforts, staff would develop a scope of work and identify a funding strategy to minimize fiscal impacts – with results presented to City Council during a later meeting date where staff would request approval to proceed with the additional repairs, and their associated costs, at that time.
Item: 8
Category: CONSENT CALENDAR
Meeting Date: February 6, 2024
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Accepting Updates on the Remaining Emergency Gas Line Repairs Page 2 of 4
In August 2023, staff finalized the scope of work for the remaining emergency gas line repairs and conducted an informal bid process to solicit proposals from qualified vendors. After evaluating the proposals received, staff selected Burr based on their results as the lowest, responsive bidder ($290,180) and qualifications to complete the remaining repairs in a timely and efficient manner. The results of these efforts were presented during the September 19, 2023, regular meeting, where the City Council approved and awarded a contract to Burr Plumbing upon declaring that the public interest and necessity to complete these emergency repairs demanded the immediate expenditure of public money to safeguard life, health, or property from the multiple gas line leaks detected at the Community Center.
Since the anticipated repairs are a continuation of the emergency services that were previously exempt from the City’s formal bidding procedures, their implementation is also subject to the terms set forth in PCC Section 22050 which states that ‘… the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four -fifths vote, that there is a need to continue the action.
DISCUSSION
In accordance with the state’s requirements, staff will provide an update to the City Council at each regularly scheduled City Council meeting until the repairs are complete.
Each update will contain information on the work performed to date, or still in progress, and request Council’s authorization to continue with subsequent repairs as they apply to the progress of work completed at that time.
Based on the last updates provided to the City Council during the January 22, 2024, regular meeting, the following work has since been completed or is still in progress:
Date(s) Completed or Still in Progress
January 19, 2024
Completed: Installation of new main gas line to
Building A, Building Q, and Heritage Theatre
(includes site modifications/preparations, above and
underground pipe installations, building tie -ins, and
final pressure testing)
January 22 – 26, 2024 (±)
In Progress: Installation of gas lines to Building H
(includes trenching, site modifications/preparations,
above and underground pipe installations, building
tie-ins, and final pressure testing)
NEXT STEPS
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Accepting Updates on the Remaining Emergency Gas Line Repairs Page 3 of 4 Pending the completion of the work still in progress, the following is a tentative schedule for all upcoming (anticipated) work/activities as they relate to the emergency gas line repairs:
Anticipated Work / Activity Estimated Date(s)
Final full gas line commissioning and testing January 29 – February 2, 2024 (±) At this time, staff is requesting Council’s authorization to continue with these efforts as specified in the above tentative schedule for anticipated work/activities and their estimated completion dates. Staff will return at the next regularly scheduled City Council meeting on February 20, 2024, to provide the Council with additional updates and request authorization to continue with any remaining repairs or proceed with the closeout and acceptance process should all work be completed at that time.
FISCAL IMPACT
There is no fiscal impact with the associated action.
ALTERNATIVES
1. Do not accept the updates and/or authorization to proceed with subsequent repairs.
2. Provide alternative direction to staff.
Prepared by:
Carina Shattuck, Administrative Analyst I
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
8 Packet Pg. 50
Brian Loventhal, City Manager
Accepting Updates on the Remaining Emergency Gas Line Repairs Page 4 of 4 Attachment:
a. Resolution
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ACCEPTING
UPDATES ON THE PROGRESS OF REMAINING EMERGENCY GAS LINE REPAIRS AT THE
CAMPBELL COMMUNITY CENTER AND AUTHORIZING SUBSEQUENT REPAIRS PER THE
EXECUTED CONTRACT SERVICE AGREEMENT WITH BURR PLUMBING AND IN
ACCORDANCE WITH CALIFORNIA STATE PUBLIC CONTRACTS CODE (PCC) SECTIONS 20168 AND 22050 WHICH ALLOW FOR THE DISPENSATION OF FORMAL BIDDING
PROCEDURES WHEN PUBLIC INTEREST AND NECESSITY DEMAND THE IMMEDIATE
EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH, OR PROPERTY IN THE
EVENT OF AN EMERGENCY SITUATION, AND REQUIRE THE GOVERNING BODY TO
REVIEW THE ASSOCIATED EMERGENCY ACTION AT EVERY REGULARLY SCHEDULED MEETING THEREAFTER UNTIL THE ACTION IS TERMINATED, TO DETERMINE, BY A 4/5
VOTE, THAT THERE IS NO NEED TO CONTINUE THE ACTION
WHEREAS, on July 31, 2023, the City Council adopted Resolution No. 13024 which authorized the issuance of payment to Burr Plumbing (Burr) for all services rendered to-date on the emergency gas line repairs at the Campbell Community Center; and
WHEREAS, the circumstances prompting staff’s initial service request, and the emergency work performed thereafter, also permitted the dispensation of formal bidding procedures as specified in Campbell Municipal Code Sections 3.20.050, and 3.20.030(3) for emergency situations threatening the health, safety, or welfare of the public that necessitate this exemption; and WHEREAS, the City Council was also informed of outstanding repairs that were still required before PG&E could restore gas services to the remainder of the property – including staff’s plans to develop a scope of work and present the results of these efforts to Council during a later meeting date; and WHEREAS, results were presented during the September 19, 2023, regular meeting, where the City Council subsequently approved an agreement with Burr, in an amount not to exceed $290,180, after declaring that the public interest and necessity to complete these emergency repairs demanded the immediate expenditure of public money to safeguard life, health, or property , as pursuant to California State Public Contracts Code (PCC) Section 20168; and WHEREAS, since the anticipated repairs are exempt from the City’s formal bidding process, their implementation is subject to the terms set forth in PCC Section 22050 which states that the governing body shall review the emergency action at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action; and WHEREAS, in accordance with the State’s requirements, the following lists all work that has since been completed, or is still in progress, since the last updates provided to the City Council during the January 22, 2024, regular meeting:
• January 19, 2024 – Completed: Installation of new main gas line to Building A, Building Q, and Heritage Theatre (includes site modifications/preparations, above and underground pipe installations, building tie-ins, and final pressure testing); • January 22 – 26, 2024 (±) – In Progress : Installation of gas line s to Building H (includes trenching, site modifications/preparations, above and underground pipe installations, building tie-ins, and final pressure testing); and
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Attachment: Resolution (Accepting Updates on the Remaining Emergency Gas Line Repairs)
WHEREAS, pending the completion of the work still in progress, the following is a tentative schedule for all upcoming (anticipated) work/activities as related to the emergency gas line repairs:
• January 29 – February 2, 2024 (±) – Final full gas line commissioning and testing; and WHEREAS, staff is requesting Council’s authorization to continue with these efforts as specified in the above schedule for anticipated work/activities and their estimated dates of completion.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) accepts the updates on the progress of the remaining emergency gas line repairs at the Campbell Community Center ; and 2) authorizes subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in the event of an emergency situation, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.
BE IT FURTHER RESOLVED, upon Council’s authorization, staff will return at the next regularly scheduled City Council meeting on February 20, 2024, to provide the Council with additional updates and request authorization to continue with any remaining repairs or proceed with the closeout and acceptance process should all work be completed at that time.
PASSED AND ADOPTED this ______th day of ___________, 2024, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
_________________________________
Susan M. Landry, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk
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Attachment: Resolution (Accepting Updates on the Remaining Emergency Gas Line Repairs) City
Council
Report
TITLE: Accept the Campbell Community Center (CCC) Building a HVAC Controls Project 24 -AA and File the Notice of Completion (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution accepting the Campbell Community Center Building A HVAC Controls Project No. 24 -AA and directing the Public Works Director or designee to file the Notice of Completion.
BACKGROUND
The Campbell Community Center is home to the City’s Recreation and Community Services Department and hosts a variety of tenants from outside organizations who rent office and classroom spaces for their own programs and/or special events. Since 1985, the City’s Public Works Department – Building Maintenance Section has maintained, repaired, and/or renovated the Community Center to meet the operational needs of these programs while ensuring the health and safety of staff and visitors alike.
Nevertheless, various maintenance measures have been implemented to keep the Community Center’s aging mechanical systems in operational order; allowing the City to defer major upgrades only when necessary or when part of a larger improvement project.
Although such measures have been successful, many of the Community Center’s HVAC systems were operating on outdated equipment that was no longer receptive to basic repairs and unable to perform the functions necessary to maintain a comfortable indoor climate setting for its intended building or facility. One of these systems was the HVAC control panel for Building A, which was equipped with components from Alerton – a brand whose outdated software and specialized service needs had resulted in costly and time -consuming repairs for the City in recent years. Since the Alerton controls operated on outdated software with limited features, staff was unable to effectively monitor the HVAC system and receive timely notifications whenever the system’s components were experiencing issues that had impacted its performance. Furthermore, the software was housed on an unsecure network system which posed a potential security risk to the City’s other IT components.
In June of 2023, the replacement of the Building A HVAC controls was approved as a CIP project (CCC – Building A HVAC Controls, No. 24 -AA), with $85,000 allocated from Item: 9
Category: CONSENT CALENDAR
Meeting Date: February 6, 2024
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Accept Building a HVAC Controls Project Page 2 of 4
the CIPR for its implementation during FY 2023/24. Upon its adoption, staff began developing a scope of work for the impending replacement and selected equipment from the same line of Honeywell HVAC parts that the City had started transiting to in recent years. Based on the parameters of this Honeywell system – and as the City’s current HVAC maintenance contractors – staff then contacted Environmental Services Inc. (ESI) and requested a quote for the labor and equipment services needed to complete the project. In response, ESI submitted a proposal to provide the requested services for a total contract amount of $58,900. With sufficient funds available in the project’s CIP budget, staff prepared a report for Council requesting approval for the associated service contract and its award to ESI.
On September 5, 2023, the City Council adopted Resolution No. 13036 (attachment B), approving and awarding a contract to ESI, in an amount not to exceed $58,900, for equipment and labor services to complete the CCC – Building A HVAC Controls Project.
After the contract was executed, ESI began the work at Building A to remove the existing Alerton System and install a new Honeywell control panel as specified in the terms of their agreement and services to be rendered.
DISCUSSION
Construction for the CCC - Building A HVAC Controls Project (No. 24 -AA) began on November 18, 2023, and concluded on December 12, 2023 – with all work completed in accordance with the plans and specifications previously developed by staff and the terms set forth in the executed service contract agreement with ESI. As specified in those terms, the following elements were completed during the project’s construction:
• Removal of the existing Alerton HVAC controllers.
• Installation of a new Honeywell control panel.
• Site modifications to accommodate the subsequent installation of new zone sensors.
• Integration of new software and required programming.
The completion of this project has extended the useful life of the Building A HVAC control system by an additional 10 plus years (at minimum) and will generate a significant amount of long -term cost savings through its energy -efficient features and reduced maintenance needs. The new Honeywell system has also allowed for more controlled monitoring and increased network protection – both of which have improved the consistency of the building’s HVAC system and its associated components. Since the new controls are housed on a secure City -operated network, staff from the City’s IT and Building Maintenance divisions have greater remote access to monitor these operations in real time – allowing them to troubleshoot system abnormalities as they are reported and implement repairs in a timely manner. In turn, this actively prevents any major service disruptions from outside cyber security threats while ensuring that the system remains operational at all times.
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With the project deemed complete, a resolution has been prepared to accept the improvements and direct the Public Works Director, or designee, to file the Notice of Completion with the Santa Clara County Recorder’s Office (see Attachment C.)
FISCAL IMPACT
The CCC - Building A HVAC Controls Project was completed under budget as detailed in the following summary of its associated costs breakdowns:
Source of Funds Amount
Capital Improvement Project: CCC – Building A HVAC
Controls (No. 24-AA)
$85,000
Use of Funds Amount
Construction Contract with ESI $58,900
Project Total $58,900
Based on the figures above, this project has generated savings of approximately $26,100. Therefore, the balance of unspent project funds will be returned to the City’s general CIP fund and applied towards other improvement projects as programmed in the City’s current CIP.
ALTERNATIVES
Do not accept the improvements and direct staff accordingly.
Prepared by:
Carina Shattuck, Administrative Analyst I
Reviewed by:
Todd Capurso, Director of Public Works
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Accept Building a HVAC Controls Project Page 4 of 4
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Resolution 13036 - Agreement with (ESI)
c. Notice of Completion (24-AA)
9 Packet Pg. 57
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
ACCEPTING THE CAMPBELL COMMUNITY CENTER (CCC) - BUILDING A HVAC CONTROLS PROJECT NO. 24-AA AND DIRECTING THE PUBLIC WORKS
DIRECTOR OR DESIGNEE TO FILE THE NOTICE OF COMPLETION
WHEREAS, for many yea rs, the HVAC control panel regulating the indoor climate settings for Building A at the Campbell Community Center was equipped with components from Alerton – a brand whose outdated software and specialized service needs had resulted in costly and time-consuming repairs for the City in recent years; and WHEREAS, in June of 2023, the City Council approved the Campbell Community Center (CCC) – Building A HVAC Control s Project (No. 2 4-AA) as part of the City’s Capital Improvement Plan (CIP) for FY 2023/24 , with $85,000 allocated from the CIPR for its implementation; and
WHEREAS, upon the project’s adoption, staff began developing a scope of work for the impending replacement and selected equipment from the same line of Honeywell HVAC parts that the City had started transitioning to in recent years; and WHEREAS, based on the parameters of this Honeywell system – and as the City’s current HVAC maintenance contractors – staff requested a quote from Environmental Services Inc. (ESI) for the labor and equipment services needed to complete the project; and WHEREAS, in response, ESI submitted a proposal to provide the requested services for a total contract amount of $58,900; and
WHEREAS, with sufficient funds available in the project’s CIP budget, staff prepared a report to Council requesting approval for the associated service contract and its award to ESI; and
WHEREAS, on September 5, 2023, the City Council adopted Resolution No. 13036 , approving and awarding a contract to ESI, in an amount not to exceed $58,900, for equipment and labor services to complete the CCC – Building A HVAC Controls project; and
WHEREAS, construction for the CCC - Building A HVAC Controls Project began on November 18, 2023, and concluded on December 12, 2023 – with all work completed in accordance with the plans and specifications previously developed by staff and the terms set forth in the executed service contract agreement with ESI; and WHEREAS, elements completed during construction included: removal of the existing Alerton HVAC controllers, installation of a new Honeywell control panel, site modifications to accommodate the subsequent installation of new zone sensors, and the integration of new software and required programming; and
WHEREAS, upon its completion, the project’s total costs were $58,000; and
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Attachment: Resolution (Accept Building a HVAC Controls Project) WHEREAS, based on its current CIP budget of $ 85,000, the balance of approximately $26,100 in unspent project funds will be returned to the City’s general CIP fund and applied towards other improvement projects as programmed in the City’s current CIP.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby accepts the work completed for the Campbell Community Center (CCC) – Building A HVAC Controls Project No. 24-AA and directs the Public Works Director, or designee, to file the Notice of Completion.
PASSED AND ADOPTED this ______th day of ___________, 2024, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
________________________
ATTEST: Susan M. Landry, Mayor
__________________________
Andrea Sanders, City Clerk
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Attachment: Resolution (Accept Building a HVAC Controls Project) RESOLUTION NO. 13036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN AGREEMENT WITH ENVIRONMENTAL SERVICES, INC. ( ESI) TO PROVIDE EQUIPMENT AND LABOR SERVICES, IN AN AMOUNT NOT TO EXCEED $ 58, 900, FOR COMPLETION OF THE CAMPBELL COMMUNITY CENTER ( CCC) — BUILDING A HVAC CONTROLS PROJECT ( NO. 24- AA) AND DISPENSING WITH BIDDING REQUIREMENTS AS AUTHORIZED IN CAMPBELL MUNICIPAL CODE SECTIONS 3. 20. 030 ( 7) ( 8); AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3. 20. 100
WHEREAS, the City of Campbell' s Community Center is home to the City of Campbell' s Recreation and Community Services Department, with different buildings that serve a variety of purposes to support the center' s recreational, rental, and adult/ senior services; and WHEREAS, although routine maintenance has successfully delayed the need for major replacements, many of the Community Center' s HVAC systems contain outdated equipment that can no longer perform the basic heating and/ or cooling functions necessary to sustain a comfortable indoor climate setting for its buildings and facilities; and WHEREAS, repair efforts have also required a considerable amount of time and resources that have hindered staff's ability to address other critical maintenance needs throughout the Community Center; and
WHEREAS, to mitigate these impacts, staff has implemented various CIP projects to proactively address issues and prevent disruptions to critical service operations; and WHEREAS, recent CIP projects have focused on implementing improvements to the HVAC systems operating throughout the Community Center's buildings, which has also facilitated the City of Campbell' s transition to the Honeywell HVAC control platform; and WHEREAS, currently, the HVAC controls for Building A are equipped with Alerton components which have experienced several issues in recent years and cost the City of Campbell a substantial amount of time and resources; and
WHEREAS, in addition, the control' s outdated software and unsecure system also pose a potential security risk to other City of Campbell IT components; and WHEREAS, these issues ultimately prompted staff to include the replacement of the Building A HVAC controls as a CIP project with the City of Campbell's proposed budget for FY 2024; and WHEREAS, benefits of the Honeywell HVAC control would include lower energy use, long-term cost savings, and controlled monitoring with increased network protection — all of which will maximize the efficiency of the HVAC system and its components; and WHEREAS, based on the parameters of this new Honeywell system — and as the City of Campbell' s current HVAC maintenance contractors — staff contacted Environmental Services Inc.
ESI) and requested a quote for the labor and equipment services to replace the HVAC controls for Building A at the Community Center; and
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Attachment: Resolution 13036 - Agreement with (ESI) (Accept Building a HVAC Controls Project) WHEREAS, staff selected ESI based on their successful work history with the City of Campbell and familiarity with the current system through multiple repairs performed in recent years; and WHEREAS, ESI submitted a proposal to the City of Campbell for labor and equipment services to remove the existing Alerton control system, install a new Honeywell control panel, integrate modifications to accommodate new zone sensors, and complete the required programming, for a total cost of $ 58, 900; and
WHEREAS, sufficient funding is available for the associated costs as reflected in the City of Campbell' s approved CIP budget for' CCC — Building A HVAC Controls ( Project No. 24-AA)' in the amount of $ 85, 000; and
WHEREAS, staff is recommending City Council's approval of a contract with ESI to provide equipment and labor services for the Building A HVAC Control Project, and requesting City Council's authorization to dispense with bidding requirements, as authorized in Campbell Municipal Code Sections 3. 20. 030 ( 7) ( 8), to help facilitate a timely completion of the project; and WHEREAS, staff is also requesting the City Council's authorization for the City Manager to subsequently execute said agreement with ESI as specified in Campbell Municipal Code Section
3. 20. 100.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) approves a service contract with Environmental Services Inc. ( ESI), in an amount not to exceed 58,900, for the equipment and labor services necessary to complete the Campbell Community Center ( CCC) — Building A HVAC Controls Project (No. 24-AA); 2) authorizes staff to dispense with formal bidding requirements as specified in Campbell Municipal Code Sections 3.20.030 (7) ( 8); and 3) authorizes the City Manager to execute said agreement with ESI as specified in Campbell Municipal Code Section 3. 20. 100.
PASSED AND ADOPTED this 5t" day of September, 2023, by the following roll call vote:
AYES: Council Members: Lopez, Scozzola, Furtado, Landry; Bybee NOES: Council Members: None
ABSENT: Council Members: None,
APPROVED -
Anne Bybee, Mayor a
ATTEST:
Andrea Sanders, y Clerk
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Attachment: Resolution 13036 - Agreement with (ESI) (Accept Building a HVAC Controls Project) Revised 1/23/17
Recording Requested by
and when recorded, mail to:
City of Campbell
City Clerk’s Office
70 North First Street, City Hall – Upper Level
Campbell, CA 95008
(408) 866-2150
CITY OF CAMPBELL
NOTICE OF COMPLETION AND ACCEPTANCE
OF PUBLIC WORKS CONTRACT
(C.C.C. 3093)
This document is for the benefit of the City of Campbell. Request for the Recordation without fee is made in accordance with Section 6103 of the Government Code of the State of California.
Contractor’s Name: Environmental Services, Inc. Contract Date:10/5/2023 Surety: Zurich American Insurance Company Final Contract Amount: $58,900
Job Title: Campbell Community Center Building A HVAC Control Location: Campbell Community Center
Scope of Work: Install Honeywell/Tridium EMS Controls
Owner: City of Campbell, City Hall, 70 North Street, Campbell, CA 95008 This work was accepted by me on _______________, 2024, on behalf of the City of Campbell. I certify under penalty of perjury that the foregoing is true and correct. (C.C.P. 2015.5) Executed on (Select Date),
at Campbell, California
Ron Taormina, Public Works Superintendent
Department of Public Works
City of Campbell
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Attachment: Notice of Completion (24-AA) (Accept Building a HVAC Controls Project) City
Council
Report
TITLE: Accept the Campbell Community Center (CCC) – Heritage Theatre Boiler Replacement Project 24 -OO and File the Notice of Completion (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution accepting the Campbell Community Center (CCC) - Heritage Theatre Boiler Replacement Project 24 -OO and directing the Public Works Director or designee to file the Notice of Completion.
BACKGROUND
The Heritage Theatre (Theatre) was originally built in 1938 as an auditorium for Campbell Union High School and has since become a significant architectural and historical presence in Santa Clara Valley. When Campbell Union High School closed in 1980, the Heritage Theatre was shut down due to structural concerns related to the building’s original construction. Shortly thereafter, in 1985, the City of Campbell purchased the property and transformed the existing site into the home of the City’s Community Center – with the City implementing various projects to upgrade the theatre’s outdated infrastructure and mechanical systems. As a result of these efforts, the Heritage Theatre was officially re -opened in 2002 and became part of the Community Center’s network of recreational facilities available to the public.
Since 2002, staff has worked proactively to uphold inspection schedules and implement routine maintenance measures to keep the Theatre’s infrastructure and mechanical systems in working order. However, as the Theatre’s operational needs increased throughout the years, so did the demands placed on these systems and their components – including the boiler and its HVAC unit controls responsible for regulating the Theatre’s indoor climate (temperature) settings. In recent years, mechanical issues became increasingly more frequent and costly to address as basic repairs were no longer effective due to the boiler’s outdated HVAC controls and obsolete technology (software). To assist with the boiler’s more complex repair needs, staff began contacting the City’s HVAC maintenance contractor, Environmental Services, Inc. (ESI), to provide the specialized labor and equipment services needed to facilitate these efforts in a timely and efficient manner.
Eventually, staff determined that a timely replacement of the Heritage Theatre boiler and HVAC panel would be necessary to prevent critical service disruptions and mitigate Item: 10
Category: CONSENT CALENDAR
Meeting Date: February 6, 2024
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further budgetary constraints. Therefore, in 2022, a CIP project was created to replace the Theatre’s boiler and related HVAC components ( CCC – Heritage Theatre Boiler Replacement Project 24 -OO) with $90,000 allocated from the CI PR for its implementation during FY 2022/23 (or a subsequent fiscal year if needed). By early 2023, staff began developing the project’s scope of work with plans to install equipment selected from the Honeywell HVAC control platform – a system that the City had begun installing throughout its facilities in recent years and adopted as the standard for all its HVAC control systems. Additionally, these components would facilitate the installation process based on its compatibility with the theatre’s existing chiller and other operational equipment from the same Honeywell line.
Upon finalizing the scope of work, staff requested a quote from ESI for the services needed to complete the project within the parameters of this new Honeywell system. In response, ESI submitted a proposal to provide the requested services, and complete the project, for a total contract amount of $78,265. With sufficient funds available in the project’s CIP budget, staff prepared a report to request City Council’s approval of the associated service contract and its award to ESI.
On September 5, 2023, the City Council adopted Resolution No. 13038 (attachment B), approving and awarding a contract to ESI, in an amount not to exceed $78,265, for equipment and labor services to complete the CCC – Heritage Theatre Boiler Replacement Project 24 -OO. Upon the contract’s subsequent execution, ESI began work at the Heritage Theatre to remove the existing boiler, install the new unit, and integrate the other features necessary to support its functionality with the remainder of the theatre’s HVAC system.
DISCUSSION
Construction for the CCC – Heritage Theatre Boiler Replacement Project 24 -OO began on October 5, 2023, and concluded on November 11, 2023 – with all work completed in accordance with the plans and specifications previously developed by staff and the terms set forth in the executed service contract agreement with ESI. During that time, the following elements were completed:
• Removal of the theatre’s existing boiler.
• Installation of new Lochnivar Knight XL Boiler.
• Installation of new piping to boiler and primary pump to support the condensing boiler.
• Installation of the new Bacnet integration system and controls.
Overall, these upgrades have extended the useful life of the Heritage Theatre boiler by an additional 25 to 30 years (approximately). Furthermore, the new boiler provides several key benefits associated with its advanced technology and fewer operational needs – all of which support the City’s long -term energy conservation goals and ability to generate a significant amount of cost -savings through its reduction in maintenance - 10 Packet Pg. 64
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related services. Most importantly, the upgraded system will ensure that the theatre’s climate controls are operating consistently to keep up with seasonal weather changes throughout the year and to prevent critical service disruptions to any programs and/or events that it may host.
With the project complete, a resolution has been prepared to accept the improvements and direct the Public Works Director, designee, to file the Notice of Completion with the Santa Clara County Recorder’s Office (see Attachment C.)
FISCAL IMPACT
The CCC – Heritage Theatre Boiler Replacement Project was completed under budget as detailed in the following summary of its associated costs breakdowns:
Source of Funds Amount
Capital Improvement Project – CCC – Heritage Theatre
Boiler Replacement Project 24-OO
$90,000
Use of Funds Amount
Construction Contract with ESI $78,265
Project Total $78,265
Based on the figures above, this project has generated a savings of approximately $11,735. Therefore, the balance of unspent project funds will be returned to the City’s general CIP fund and applied towards other improvement projects as programmed in the City’s current CIP.
ALTERNATIVES
Do not accept the improvements and direct staff accordingly.
Prepared by:
Carina Shattuck, Administrative Analyst I
Reviewed by:
Todd Capurso, Director of Public Works
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Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
b. CC Resolution 13038 - Agreement with (ESI)
c. Notice of Completion (24-OO)
10 Packet Pg. 66
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ACCEPTING THE CAMPBELL COMMUNITY CENTER (CCC) – HERITAGE THEATRE BOILER REPLACEMENT PROJECT NO. 24-OO AND DIRECTING THE
PUBLIC WORKS DIRECTOR OR DESIGNEE TO FILE THE NOTICE OF
COMPLETION
WHEREAS, since the Campbell Community Center’s Heritage Theatre was re-opened to the public in 2002, staff has worked proactively to uphold inspection schedules and implement routine maintenance measures to keep its infrastructure and mechanical systems in working order; and
WHEREAS, as the Theatre’s operational needs increased throughout the years, so did the demands placed on these systems and their components – including the boiler and its HVAC unit controls responsible for regulating the Theatre’s indoor climate (temperature) settings; and
WHEREAS, in recent years , staff began contacting the City’s HVAC maintenance contractor, Environmental Services, Inc. (ESI), to provide specialized labor and equipment services to address the boiler’s more complex repair needs; and WHEREAS, as repairs became increasingly more frequent and costly , staff determined that a timely replacement of the Heritage Theatre boiler and HVAC panel would be necessary to prevent critical service disruptions and mitigate further budgetary constraints; and
WHEREAS, in 2002, a CIP project was created to replace the Theatre’s boiler and related HVAC components (CCC – Heritage Theatre Boiler Replacement, No 24 -OO) – with $90,000 allocated from the CIRP for its implementation during FY 2022/23; and WHEREAS, by early 2023, staff began developing the project’s scope of work with plans to install equipment selected from the Honeywell HVAC control platform – a system that the City had recently began installing throughout its facilities and adopted as the standard for all its HVAC control systems; and
WHEREAS, upon finalizing the scope of work, staff requested a quote from ESI for the services needed to complete the project within the parameters of this new Honeywell system; and
WHEREAS, in response, ESI submitted a proposal to provide the requested services for a total contract amount of $78,265; and
WHEREAS, with sufficient funds available in the project’s CIP budget, staff prepared a report to request City Council’s approval of the associated service contract and its award to ESI; and
WHEREAS, on September 5, 2023, the City Council adopted Resolution No. 1303 8, approving and awarding a contract to ESI, in an amount not to exceed $ 78,265, for
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Attachment: Resolution (Accept the Campbell Community Center Heritage Theatre Boiler Replacement Project 24-OO) equipment and labor services to complete the CCC – Heritage Theatre Boiler Replacement Project 24-OO; and
WHEREAS, construction for the project began on October 5, 2023, and concluded on November 11 , 2023 – with all work completed in accordance with the plans and specifications previously developed by staff and the terms set forth in the executed service contract agreement with ESI; and
WHEREAS, elements completed during construction included: removal of the theatre’s existing boiler, installation of a new Lochnivar Knight XL Boiler, piping to the new boiler and primary pump to support the condensing boiler, and installation of the new Bacnet integration system and controls; and
WHEREAS, upon its completion, the project’s total costs were $78,265; and WHEREAS, based on its current CIP budget of $ 90,000, the balance of approximately $11,735 in unspent project funds will be returned to the City’s general CIP fund and applied towards other improvement projects as programmed in the City’s current CIP.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby accepts the work completed for the Campbell Community Center (CCC) – Heritage Theatre Boiler Replacement Project 24-OO and directs the Public Works Director, or their designee, to file the Notice of Completion.
PASSED AND ADOPTED this ______th day of ___________, 2024, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
________________________
ATTEST: Susan M. Landry, Mayor
__________________________
Andrea Sanders, City Clerk
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Attachment: Resolution (Accept the Campbell Community Center Heritage Theatre Boiler Replacement Project 24-OO) RESOLUTION NO. 13038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN AGREEMENT WITH ENVIRONMENTAL SERVICES, INC. ( ESI) TO PROVIDE EQUIPMENT AND LABOR SERVICES, IN AN AMOUNT NOT TO EXCEED $ 78, 265, FOR COMPLETION OF THE CAMPBELL COMMUNITY CENTER ( CCC) — HERITAGE THEATRE BOILER REPLACEMENT PROJECT ( NO. 24- 00) AND DISPENSING WITH BIDDING REQUIREMENTS AS AUTHORIZED IN CAMPBELL MUNICIPAL CODE SECTIONS 3. 20. 030 7) ( 8); AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3. 20. 100 WHEREAS, the Heritage Theatre was originally built in 1938 as an auditorium for Campbell Union High School and became a significant architectural and historical presence in Santa Clara Valley; and
WHEREAS, after the school and theatre closed in the early 1980' s, the City of Campbell ( City) purchased the property in 1985 and began implementing a series of projects to restore the Heritage Theatre; and
WHEREAS, since its re -opening in 2002, routine maintenance has allowed the City to defer major upgrades to only when necessary or when part of a larger project; and WHEREAS, in recent years, increasing demands have had a significant impact on the theatre' s boiler and HVAC unit controls which have resulted in timely and costly repairs; and WHEREAS, repairs that were once effective are no longer sustainable due to the unit' s outdated HVAC controls and technology ( software) that is obsolete; and WHEREAS, staff has utilized the City' s HVAC maintenance contractor, Environmental Services, Inc. ( ESI), to provide specialized labor and equipment services for the system' s more complex issues; and
WHEREAS, while working with ESI in early 2023, staff discovered that the boiler's HVAC unit controls had completely failed after years of prolonged use, while the boiler itself had outlived its useful life expectancy ( i.e., 25- 30 years) and was unable to provide optimal heating operations; and
WHEREAS, with these developments, staff determined that a timely replacement of the Heritage Theatre boiler and HVAC panel would be necessary to prevent critical service disruptions; and WHEREAS, a new boiler -would provide several key benefits with its advanced technology and fewer operational needs — reducing the City' s long-term energy use while generating a substantial cost -savings and maintaining efficient climate operations; and WHEREAS, the new boiler will also be equipped with features supporting compatibility with the theatre's existing chiller and other operational equipment from the Honeywell line of HVAC control parts currently being installed throughout the City; and
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Attachment: CC Resolution 13038 - Agreement with (ESI) (Accept the Campbell Community Center Heritage Theatre Boiler Replacement WHEREAS, in February 2023, staff requested a proposal from ESI for the labor and equipment services to replace the Heritage Theatre boiler; and
WHEREAS, staff selected ESI based on their successful work history with the City and status as a Honeywell Certified Vendor with the resources and expertise to ensure the boiler' s compatibility with the existing Honeywell HVAC system; and
WHEREAS, ESI submitted a proposal to the City for labor and equipment services to remove the existing boiler, install a new unit, and integrate other features required to support its functionality with the Honeywell HVAC system, for a total cost of $ 78, 265; and WHEREAS, sufficient funding is available for the associated costs as reflected in the City' s approved CIP budget for ` CCC — Heritage Theatre Boiler Replacement ( Project No. 24- 00) in the amount of $ 90, 000; and
WHEREAS, staff is recommending City Council' s approval of the ESI contract to provide equipment and labor services for the Heritage Theatre boiler project, and is requesting City Council' s authorization to dispense with bidding requirements as authorized in Campbell Municipal Code Sections 3. 20. 030 ( 7) ( 8), to help facilitate a timely completion of the project; and WHEREAS, staff is also requesting City Council' s authorization for the City Manager to subsequently execute said agreement as specified in Campbell Municipal Code Section 3.20. 100.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby:
1) approves a service contract with Environmental Services Inc. ( ESI), in an amount not to exceed 78,265, for the equipment and labor services necessary to complete the Campbell Community Center ( CCC) — Heritage Theatre Boiler Replacement project ( No. 24- 00); 2) authorizes staff to dispense with formal bidding requirements as specified in Campbell Municipal Code Sections
3. 20. 030 ( 7) ( 8); and 3) authorizes the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3. 20. 100.
PASSED AND ADOPTED this 5t" day of September, 2023, by the following roll call vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Anne Bybee, Mayor
ATTEST:
dk
Andrea Sanders, CYClerk
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Attachment: CC Resolution 13038 - Agreement with (ESI) (Accept the Campbell Community Center Heritage Theatre Boiler Replacement Revised 1/23/17
Recording Requested by
and when recorded, mail to:
City of Campbell
City Clerk’s Office
70 North First Street, City Hall – Upper Level
Campbell, CA 95008
(408) 866-2150
CITY OF CAMPBELL
NOTICE OF COMPLETION AND ACCEPTANCE
OF PUBLIC WORKS CONTRACT
(C.C.C. 3093)
This document is for the benefit of the City of Campbell. Request for the Recordation without fee is made in accordance with Section 6103 of the Government Code of the State of California.
Contractor’s Name: Environmental Services, Inc. Contract Date:9/21/2023 Surety: Zurich America Insurance Company Final Contract Amount: $78,265
Job Title: Campbell Community Center Heritage Theater Boiler Replacement Location: CCC Heritage Theater
Scope of Work: Remove and replace boiler and controls
Owner: City of Campbell, City Hall, 70 North Street, Campbell, CA 95008 This work was accepted by me on _______________, 2022, on behalf of the City of Campbell. I certify under penalty of perjury that the foregoing is true and correct. (C.C.P. 2015.5) Executed on (Select Date),
at Campbell, California
Ron Taormina, Public Works Superintendent
Department of Public Works
City of Campbell
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Attachment: Notice of Completion (24-OO) (Accept the Campbell Community Center Heritage Theatre Boiler Replacement Project 24-OO) City
Council
Report
TITLE: That the City Council Adopt a Resolution Accepting the City Hall – HVAC Chiller Replacement Project 24 -UU and Directing the Public Works Director or Their Designee to File the Notice of Completion. (Resolution/ Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution accepting the City Hall - HVAC Chiller Replacement Project 24 -UU and directing the Public Works Director or designee to file the Notice of Completion.
BACKGROUND
The City of Campbell (City) Department of Public Works Building Maintenance Division has been responsible for evaluating, maintaining, and implementing improvements to meet City Hall’s structural and mechanical needs since its construction in the early 1970’s. In an effort to defer major upgrades and prevent disruptions to critical City Hall services, staff has maintained a proactive approach to address issues in a timely and efficient manner. Although this approach has been effective, City Hall’s operational needs have increased throughout the years – placing greater demands on its mechanical systems and their aging components.
In recent years, these demands have had a significant impact on City Hall’s HVAC system and related components – all of which are responsible for regulating the indoor temperature settings throughout the building. While the system’s heating components have continued operating at an acceptable level, the chiller unit had experienced several mechanical failures in recent years that required a substantial amount of time and resources to repair. Between 2022 and 2023 alone, maintenance staff had placed over fifteen service calls to address various problems related exclusively to the chiller’s components – with issues ranging from low refrigerant to a complete circuit board replacement.
While assisting with one of these service calls in the summer of 2022, staff discovered that the chiller’s compressor had completely malfunctioned after continuous circuitry failures and recurring issues had resulted in the loss of functionality for its main components. In the days that followed, higher than average temperatures (i.e., in the mid to high 90’s) caused the building’s indoor temperature to rise significantly as the chiller remained out of service while repair efforts were underway. Ultimatel y, this Item: 11
Category: CONSENT CALENDAR
Meeting Date: February 6, 2024
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Accept HVAC Chiller Replacement Project 24-UU Page 2 of 4 incident prompted staff to include the replacement of the City Hall HVAC chiller as a CIP project with the City’s proposed budget for FY 2023/24.
In early 2023, staff began developing the scope of work for the chiller replacement while initiating plans to solicit informal bids from qualified contractors who were interested in providing the labor and equipment services necessary to facilitate a timely implementation of the project. Upon finalizing the scope of work, staff contacted three contractors who had a work history with the City for projects or repairs on similar mechanical systems in recent years: Environmental Services Inc. (ESI), Therma, and Control Air Enterprises. Two of those contractors (ESI and Therma) responded to staff’s initial request and submitted proposals to provide these services for a total contract amount of $127,595 and $130,180, respectively. The last contractor (Control Air Enterprises) ultimately declined to participate and informed staff they would not be submitting a bid for the project.
After completing a comprehensive evaluation of the two proposals received, staff selected ESI based on their results as the lowest, responsive bidder, and qualifications to perform the work. Around that same time, the City Hall HVAC chiller replacement was approved as a CIP project in June 2023 (City Hall – HVAC Chiller Replacement, No. 24- UU) and $150,000 was allocated from the CIPR for its implementation during FY 2023/24. With sufficient funding available to cover the costs associated with ESI’s proposed services, staff prepared a report to request City Council’s approval of the contract services agreement and its award to ESI.
On September 5, 2023, the City Council adopted Resolution No. 13037 (attachment B), approving and awarding a contract to ESI, in an amount not to exceed $127,595, for equipment and labor services to complete the City Hall – HVAC Chiller Replacement Project. Per the terms of this agreement, construction would commence only after the contract was fully executed and pending the arrival of all equipment intended for installation during that time.
DISCUSSION
Construction for the City Hall – HVAC Chiller Replacement Project 24 -UU began on November 11, 2023, and concluded on December 22, 2023 – with all work completed in accordance with the plans and specifications previously developed by staff and the terms set forth in the executed service contract agreement with ESI. As such, the following elements were completed during construction:
• Removal of existing 60-ton chiller.
• Installation of a new Carrier M#30RAPO605D-OG100 air cooler chiller. • Connection of all pipes and controls to new chiller unit.
The incorporation of these components has prolonged the operational lifespan of City Hall's HVAC chiller unit by approximately 15 years, showcasing various benefits through its advanced technology and updated system features. Since its installation, the system 11 Packet Pg. 73
Accept HVAC Chiller Replacement Project 24-UU Page 3 of 4 has notably enhanced its capacity to consistently distribute cool air throughout the building, optimizing efficiency to counteract seasonal weather changes and create a comfortable indoor environment for staff and visitors alike. These improvements have significantly diminished the need for frequent mechanical repairs and their associated costs, which in turn, will yield substantial long -term savings and facilitate the efficient utilization of time and resources by staff to address other critical maintenance needs across the City.
With the project deemed complete, a resolution has been prepared to accept the improvements and direct the Public Works Director, or designee, to file the Notice of Completion with the Santa Clara County Recorder’s Office (see Attachment C.)
FISCAL IMPACT
The City Hall – HVAC Chiller Replacement Project was completed under budget as detailed in the following summary of its associated costs breakdowns:
Source of Funds Amount
Capital Improvement Project – City Hall – HVAC Chiller
Replacement (No. 24-UU)
$150,000
Use of Funds Amount
Construction Contract with ESI $127,595
Project Total $127,595
Based on the figures above, this project has generated savings of approximately $22,405. Therefore, the balance of unspent project funds will be returned to the City’s general CIP fund and applied towards other improvement projects as programmed in the City’s current CIP.
ALTERNATIVES
Do not accept the improvements and direct staff accordingly.
Prepared by:
Carina Shattuck, Administrative Analyst I
Reviewed by:
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Todd Capurso, Director of Public Works
Accept HVAC Chiller Replacement Project 24-UU Page 4 of 4 Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Resolution 13037 - Agreement with ESI
c. Notice of Completion (24-UU)
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RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ACCEPTING THE CITY HALL – HVAC CHILLER REPLACEMENT PROJECT NO. 24-
UU AND DIRECTING THE PUBLIC WORKS DIRECTOR OR DESIGNEE TO FILE
THE NOTICE OF COMPLETION
WHEREAS, since its construction in the early 1970s, the City’s Department of Public Works Building Maintenance Division has been responsible for evaluating, maintaining, and implementing improvements to meet City Hall’s structural and mechanical needs; and
WHEREAS, in recent years, increasing demands have significantly impacted City Hall’s HVAC system and related components – all of which are responsible for regulating the indoor temperature settings throughout the building; and
WHEREAS, while the system’s heating components have continued operating at an acceptable level, the chiller unit had experienced several mechanical failures in recent years that required a substantial amount of time and resources to repair; and
WHEREAS, between 2022 and 2023, staff had placed over fifteen service calls to address various problems related exclusively to the chiller’s components; and
WHEREAS, during the summer of 2022 , staff discovered that the chiller’s compressor had completely malfunctioned – causing City Hall’s indoor temperature s to rise significantly as the chiller remained out of service while repair efforts were underway; and
WHEREAS, this incident prompted staff to include the replacement of the City Hall HVAC chiller as a CIP project with the City’s proposed budget for FY 2023/24; and
WHEREAS, in early 2023, staff began developing the scope of work for the chiller replacement and initiated plans to solicit informal bids (quotes) from qualified contractors for labor and equipment services to complete the project; and
WHEREAS, in accordance with the City’s purchasing policies and procedures, staff contacted the following three contractors based on their recent work history with the City for projects and/or repairs of similar mechanical systems : Environmental Services Inc. (ESI), Therma, and Control Air Enterprises; and
WHEREAS, ESI and Therma responded to staff’s initial request and subsequently submitted respective proposals for the requested services, while Control Air Enterprises declined to participate and informed staff that they would not be submitting a bid at that time; and
WHEREAS, after a comprehensive review of the two proposals received , staff selected ESI based on their results as the lowest, responsive bidder, and qualifications to perform the work; and
WHEREAS, in June 2023, the City Hall HVAC chiller replacement was approved as a CIP Project (City Hall – HVAC Chiller Replacement Project 24-UU) and $150,000 was
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Attachment: Resolution (Accept HVAC Chiller Replacement Project 24-UU) allocated from the CIPR for its implementation during FY 2023/24; and WHEREAS with sufficient funds available in the project’s CIP budget, staff prepared a report to request City Council’s approval of the associated service contract and its award to ESI; and
WHEREAS, on September 5, 2023, the City Council adopted Resolution No. 1303 7, approving and awarding a contract to ESI, in an amount not to exceed $ 127,595, for equipment and labor services to complete the C ity Hall – HVAC Chiller Replacement Project 24-UU; and
WHEREAS, construction for the project began on November 11, 2023, and concluded on December 22 , 2023 – with all work completed in accordance with the plans and specifications previously developed by staff and the terms set forth in the executed service contract agreement with ESI; and
WHEREAS, elements completed during construction included: removal of the existing 60-ton chiller, installation of a new Carrier M#30RAPO605D-OG100 air cooler chiller, and the connection of all pipes and controls to new chiller unit; and WHEREAS, upon its completion, the project’s total costs were $127,595; and WHEREAS, based on its current CIP budget of $ 150,000, the balance of approximately $22,405 in unspent project funds will be returned to the City’s general CIP fund and applied towards other improvement projects as programmed in the City’s current CIP.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby accepts the work completed for the City Hall – HVAC Chiller Replacement Project 24-UU and directs the Public Works Director, or designee, to file the Notice of Completion.
PASSED AND ADOPTED this ______th day of ___________, 2024, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
________________________
ATTEST: Susan M. Landry, Mayor
__________________________
Andrea Sanders, City Clerk
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Attachment: Resolution (Accept HVAC Chiller Replacement Project 24-UU) RESOLUTION NO. 13037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN AGREEMENT WITH ENVIRONMENTAL SERVICES, INC. ( ESI) TO PROVIDE EQUIPMENT AND LABOR SERVICES, IN AN AMOUNT NOT TO EXCEED $ 127, 595, FOR COMPLETION OF THE CITY HALL — HVAC CHILLER REPLACEMENT PROJECT ( NO. 24- UU); AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3. 20. 100 WHEREAS, the City of Campbell ( City) Department of Public Works Building Maintenance Division has been responsible for evaluating, maintaining, and implementing improvements to meet City Hall' s structural and mechanical needs since it's construction in the early 1970' s; and WHEREAS, although routine maintenance and repairs have been effective, City Hall' s operational needs have increased and placed greater demands on its mechanical systems and their components; and
WHEREAS, in recent years, these demands have had a significant impact on City Hall' s HVAC system — especially its chiller unit, and
WHEREAS, based on the chiller' s original installation approximately 25 years ago, it has reached a point where many of its components are beyond basic repairs; and WHEREAS, whenever the chiller is shut down for repairs, it suspends the circulation of cool air throughout City Hall — impacting the quality of comfort inside the building as indoor temperatures will continue to rise during that time; and
WHEREAS, between 2022 and 2023, maintenance staff has placed over fifteen service calls to address several issues related to the City Hall chiller unit; and WHEREAS, when the chiller' s compressor malfunctioned during the summer of 2022, the building's' indoor temperatures rose to significant levels as repairs took several days to complete; and
WHEREAS, this incident prompted staff to include the replacement of the City Hall chiller as a CIP project with the City' s proposed budget for FY 2024; and WHEREAS, while awaiting the budget's approval, maintenance staff developed a scope of work and subsequent plans to solicit labor and equipment services from various contractors to replace the City Hall chiller; and
WHEREAS, staff contacted three contractors to submit a quote for labor and equipment services to replace the chiller unit, with two who submitted proposals before and after the CIP budget was finalized ( Environmental Services Inc. ( ESI) and Therma, respectively), and one who ultimately declined to participate ( Control Air Enterprises); and WHEREAS, in June of 2023, staff completed their evaluations of the bids received after the chiller replacement was accepted as a CIP project (No. 24-UU) and allocated $ 150,000 from the City' s Capital Improvement Program for its implementation during FY 2024; and
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Attachment: Resolution 13037 - Agreement with ESI (Accept HVAC Chiller Replacement Project 24-UU) WHEREAS, based on the results of these efforts, staff is recommending approval of a contract with ESI, in an amount not to exceed $ 127,595, to provide labor and equipment services for the replacement of the City Hall HVAC chiller; and
WHEREAS, staff' s recommendation is based on ESI's successful work history with the City and their qualifications as the lowest, responsive bidder from the project' s open bid process; and WHEREAS, with sufficient funding available for the associated costs as reflected in the City's approved CIP budget for ' City Hall — HVAC Chiller Replacement ( Project No. 24- UU),' Council' s approval would facilitate these efforts and avoid further delays; and WHEREAS, should the City Council approve the contract' s terms of service, staff is also requesting Council' s authorization for the City Manager to subsequently execute said agreement as specified in Campbell Municipal Code Section 3. 20. 100.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby:
1) approves a service contract with Environmental Services Inc. ( ESI), in an amount not to exceed 127,595, for the equipment and labor services necessary to complete the City Hall — HVAC Chiller Replacement Project ( No. 24- UU); and 2) authorizes the City Manager to execute said agreement with ESI as specified in Campbell Municipal Code Section 3. 20. 100.
PASSED AND ADOPTED this 5thday of September, 2023, by the following roll call vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Anne Bybee, Mayor
ATTEST:
Andrea Sanders, IVClerk
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Attachment: Resolution 13037 - Agreement with ESI (Accept HVAC Chiller Replacement Project 24-UU) Revised 1/23/17
Recording Requested by
and when recorded, mail to:
City of Campbell
City Clerk’s Office
70 North First Street, City Hall – Upper Level
Campbell, CA 95008
(408) 866-2150
CITY OF CAMPBELL
NOTICE OF COMPLETION AND ACCEPTANCE
OF PUBLIC WORKS CONTRACT
(C.C.C. 3093)
This document is for the benefit of the City of Campbell. Request for the Recordation without fee is made in accordance with Section 6103 of the Government Code of the State of California.
Contractor’s Name: Environmental Services, Inc. Contract Date:9/21/2023 Surety: American Zurich Insurance Company Final Contract Amount: $127,595
Job Title: Installation of Carrier M#30RAP0605D-0G100 Air Cool Chiller at the City Hall Building Location: City Hall
Scope of Work: Remove and replace Air Chiller at the City Hall Building Owner: City of Campbell, City Hall, 70 North Street, Campbell, CA 95008
This work was accepted by me on _______________, 2024, on behalf of the City of Campbell. I certify under penalty of perjury that the foregoing is true and correct. (C.C.P. 2015.5) Executed on (Select Date),
at Campbell, California
Ron Taormina, PW Superintendent
Department of Public Works
City of Campbell
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Attachment: Notice of Completion (24-UU) (Accept HVAC Chiller Replacement Project 24-UU) City
Council
Report
TITLE: Approval of Settlement Agreement with Campbell Peace Officers' Association (Resolution/Roll Call Vote)
RECOMMENDED ACTION
Adoption of a resolution approving a Settlement Agreement and Release of Claims between the City of Campbell and the Campbell Peace Officers' Association (CPOA) regarding back pay owed to current and former CPOA members under the Fair Labor Standards Act.
BACKGROUND
In 2021, the City became aware of a potential issue with its calculati on of overtime payments owed to employees under the Fair Labor Standards Act (FLSA) . In 2022 and 2023, the City worked to analyze back pay potentially owed for each bargaining group and was able to negotiate settlements with the Campbell Municipal Employees Association (CMEA), the Campbell Police Civilian Employees Association (CPCEA), and the Carpenters Local 405/Northern California Carpenters Regional Council (CARP).
While analyzing back pay potentially owed to members of the Campbell Peace Officers’ Association (CPOA), the City became aware of additional technical issues with the CPOA’s overtime calculations, which added additional complexity to the calculations and negotiations with the CPOA and its counsel.
DISCUSSION
The City has now completed its analysis and calculations for back pay owed to members of the CPOA, has responded to questions from the City Council during an Executive Session on January 22, 2024, and is now recommending adoption of a resolution approving the attached Settlement Agreement And Release of Claims (Settlement Agreement).
This Settlement Agreement covers the period from July 1, 2017 through March 19, 2023 for claims arising from calculations related to the City’s cash-in-lieu benefits (“insurance rebate”) and compensatory time off (CTO) for both active and former employees . In addition, the Settlement Agreement covers the period from January 1, 2020 through March 19, 2023 for claims arising from calculations related to “add-on pays”. In total, the proposed Settlement Agreement includes a settlement amount of up to $69,359.91; Item: 12
Category: CONSENT CALENDAR
Meeting Date: February 6, 2024
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Approval of Settlement Agreement with Campbell Peace Officers' Association Page 2 of 2 $67,022 payable to current employees , and up to $ 2,337.91 payable to former employees.
FISCAL IMPACT
A budget adjustment is not requested at this time and is not anticipated to be needed in Fiscal Year 2024. Staff will continue to evaluate the need and adjust the budget at year end if needed.
Prepared by:
Angelique Gaeta, Assistant City Manager
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution -FLSA Settlement CPOA
b. Campbell POA FLSA Settlement Agreement Final Draft Unsigned 12 Packet Pg. 82
RESOLUTION NO. _____
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT AND RELEASE OF
CLAIMS BETWEEN THE CITY OF CAMPBELL AND THE CAMPBELL PEACE OFFICERS’ ASSOCIATION (CPOA) REGARDING BACK PAY OWED TO CURRENT
AND FORMER CPOA MEMBERS UNDER THE FAIR LABOR STANDARDS ACT
WHEREAS, in 2021, the City of Campbell (City) became aware of a potential issue with its calculation of overtime payments owed to employees under the Fair Labor Standards Act (FLSA); and
WHEREAS, in 2022 and 2023, the City worked to analyze back pay potentially owed for each bargaining group; and
WHEREAS, while analyzing back pay potentially owed to members of the Campbell Peace Officers’ Association (CPOA), the City became aware of additional technical issues with the CPOA’s overtime calculations; and
WHEREAS, the City has now completed its analysis and calculations for back pay owed to members of the CPOA; and
WHEREAS, the City is recommending the City Council approve a Settlement Agreement And Release of Claims (Settlement Agreement) between the City and the CPOA, attached hereto and made a part hereof; and
WHEREAS, the Settlement Agreement covers from July 1, 2017 through March 19, 2023 for claims arising from calculations related to the City’s “insurance rebate” and compensatory time off (CTO); and
WHEREAS, the Settlement Agreement also covers from January 1, 2020 through March 19, 2023 for claims arising from calculations related to “add-on pays”; and
WHEREAS, the Settlement Agreement amount is for a total of up to $69,359.91; with $67,022.00 payable to current employees, and up to $2,337.91 payable to former employees.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell does hereby approve the attached Settlement Agreement and Release of Claims for a total amount of up to $69,359.91.
PASSED AND ADOPTED this 6th day of February, 2024, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
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Attachment: Resolution -FLSA Settlement CPOA (Approval of Settlement Agreement with Campbell Peace Officers' Association) APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
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Attachment: Resolution -FLSA Settlement CPOA (Approval of Settlement Agreement with Campbell Peace Officers' Association) 12202686.3 CA025-032
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
This Settlement Agreement and Release (“Agreement”) is entered into by and between the City of Campbell (“City”) and the Campbell Peace Officers’ Association (“Association”). This Agreement is effective on the Effective Date set forth below.
RECITALS
A. WHEREAS, the Association is the designated exclusive bargaining representative of those City job classifications in the bargaining unit that are identified in the labor agreement by and between the City and the Association; and B. WHEREAS, the City recently undertook an internal review of its overtime policies and practices to ensure compliance with the calculation and payment of overtime requirements of the parties’ labor agreement and the Fair Labor Standards Act (“FLSA”); and
C. WHEREAS, the City’s internal review determined that certain aspects of its contractual overtime policies and practices pertaining to the calculation of the regular rate of pay did not strictly comply with the particular requirements of the FLSA and that other aspects of its overtime policies and practices exceeded the requirements of the FLSA; and D. WHEREAS, the City undertook an internal analysis to determine the amount of back overtime due to the current and former members of the bargaining unit had their overtime and cash out of accrued Compensatory Time Off (“CTO”) been calculated in compliance with the labor agreement and the FLSA; and
E. WHEREAS, effective March 20, 2023, the City amended its overtime practices to comply with the requirements of the labor agreement and the FLSA; and F. WHEREAS, the Parties wish to enter into a compromise and release related to any and all claims by the Association on behalf of the bargaining unit members regarding the calculation and payment of overtime and accrued CTO under the labor agreement.
NOW THEREFORE, in consideration for the mutual promises and undertakings of the Parties as set forth below, the Parties enter into this Agreement and agree as follows:
A. Settlement
Settlement Period: The Parties agree that this settlement will cover the time period from July 1, 2017 through March 19, 2023 for claims arising from the City’s omission of cash in lieu of health benefits (also referred to as “insurance rebate”) from the regular rate of pay and CTO cash out value for both active employees and former employees. The Parties further agree that this settlement will cover the time period from January 1, 2020 through
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Attachment: Campbell POA FLSA Settlement Agreement Final Draft Unsigned (Approval of Settlement Agreement with Campbell Peace
12202686.3 CA025-032
March 19, 2023 for claims arising from the City’s omission of other compensation items (also referred to as “add-on pays”) from the regular rate of pay for active employees. These time periods shall hereafter collectively be referred to as the “Settlement Period”. Only individuals who were a member of the bargaining unit represented by the Association during the Settlement Period are covered by and subject to the terms of this Agreement.
Bifurcation of Settlement: The parties further agree that this settlement is designed to effectuate the payment of the settlement amounts in two parts. Part One will cover current bargaining unit members and provide for the payment of the settlement amounts listed in Attachments A - C. Part Two will cover all former City employees who left the bargaining unit during the Settlement Period, as confirmed by the City, and provide for the payment of the settlement amounts listed in in Attachments D-E. The settlement and payment of back overtime under Parts One and Two will be as described below.
Settlement Calculation Methodology: The Parties agree that in determining the amount of back overtime compensation owed pursuant to this settlement, the City has identified each pay period in the Settlement Period that former and current bargaining unit members received overtime and recalculated the overtime by including the insurance rebate and add- on pays incorrectly excluded from the overtime regular rate of pay calculation. Add-on pays to now be included as part of the FLSA overtime calculation per this settlement agreement are:
• Bilingual pay;
• Conditional-Opt-Out Incentive Pay;
• Working -Out-Of-Class Pay;
• Specialty Pay;
• Canine Pay;
• Motorcycle Pay;
• Crisis Intervention Training Pay; and
• Peace Officers Standard Training (POST) Pay.
Settlement Part One: Based on the calculation methodology summarized above, the City will pay a total amount of $67,022.00 to current employees in the bargaining unit, hereafter referred to as the Part One Settlement Amount. The allocation of the Part One Settlement Amount to the current bargaining unit members will be as set forth in Attachments A through C, hereafter referred to as “Part One Settlement Payments”. The Parties understand and agree that the Part One Settlement amount represents a reasonable compromise of disputed claims and reflects agreed upon and negotiated consideration for any and all overtime compensation allegedly owed to the current members of the bargaining unit under the labor agreement, during the Settlement Period. By executing this agreement and accepting the payments set forth in Attachments A through C, the Association, on behalf of the bargaining unit members and each of them, expressly waives the bargaining unit’s claims for any and all further recovery, including, but not limited to, back pay due to the City’s contractual overtime policies and practices pertaining to the calculation of the regular rate of pay. Payment of the amounts listed in Attachments A-C will occur within ninety (90) calendar days of the Effective Date of this Agreement.
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Attachment: Campbell POA FLSA Settlement Agreement Final Draft Unsigned (Approval of Settlement Agreement with Campbell Peace
12202686.3 CA025-032
Settlement Part Two: Within ninety (90) calendar days of the Effective Date of this Agreement, the City will send written notice to each of the former bargaining unit members listed in Attachments D and E, providing them with a copy of this settlement agreement and its attachments. The notice will advise the former bargaining unit members of the Parties’ disputed claims and issues pertaining to the City’s overtime compliance and of their right to opt into the negotiated settlement, by submitting a fully executed individual acknowledgment and acceptance of this Agreement form, which is attached to this Agreement as Attachment F (“Opt-in Form). Each former bargaining unit member will be provided sixty (60) calendar days from the date of the notice to execute and return the Opt- In Form to the City. No later than thirty (30) calendar days after the deadline for former members to return their executed Opt-in Forms, the City shall issue payment to all former members who timely submitted their fully executed Opt-in Forms.
B. Bona Fide Dispute
The Parties agree that this settlement resolves a “bona fide” contractual dispute over the City’s overtime policies and practices pertaining to the calculation of the regular rate of pay. Specifically, the Parties, by this Agreement, are settling a dispute regarding the City’s method of calculating the regular rate of pay and measuring overtime compensation due bargaining unit members per the terms of the labor agreement, which the Parties believe to be more favorable than what is required under the FLSA. The Settlement Payments are paid as full and complete consideration for the resolution of that dispute.
C. Method of Payment
The Parties understand and agree that the payments under the Settlement Part One will be issued as part of the Employees’ regular paycheck, itemized as RETRO OVERTIME PAY.
The Parties further understand and agree that the payments issued pursuant to this Agreement are subject to the standard, applicable tax withholding amounts and that neither Party has offered or received tax advice to or from the other as to the necessary reporting of income pursuant to this settlement.
D. Acceptance of Terms and Conditions of Settlement
By accepting the payments provided by this Agreement, each current and former bargaining unit member expressly agrees that the allocation of the Settlement Amount, as provided herein, is fair, just, and reasonable and acceptable to all of them.
E. General Release
Each current and former bargaining unit member listed in Attachment A through E, by accepting his/her respective settlement amount, understands and agrees that their acceptance of that amount constitutes a full and complete settlement of all contractual claims against the City for the contractual overtime policies and practices pertaining to the calculation of the regular rate of pay that may exist or have existed for services rendered
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Attachment: Campbell POA FLSA Settlement Agreement Final Draft Unsigned (Approval of Settlement Agreement with Campbell Peace
12202686.3 CA025-032
during the Settlement Period. Further, each current and former bargaining unit member, listed in Attachments A through E by accepting his/her respective settlement amount, hereby fully, finally, and completely releases, waives and discharges the City, and its officers, agents, employees, successors and assigns from any further claims for contractual overtime due for services rendered during the settlement period. The current and former bargaining unit members reserve the right to pursue any non-contractual claims for back overtime amounts not covered and paid under this Agreement.
The Parties to this settlement understand that this Release extends to all grievances, disputes, or claims of every nature and kind, known or unknown, suspected or unsuspected, arising from or attributable to the City’s contractual overtime policies and practices pertaining to the calculation of the regular rate of pay during the Settlement Period. The Parties understand that this release does not include claims relating to conduct or activity which does not arise from or is attributable to any conduct or activity occurring after the Settlement Period of this Agreement. The Parties understand that this is a compromise settlement of disputed claims and that nothing herein shall be deemed or construed at any time or for any purpose as an admission of the merits of any claim or defense.
The Parties further acknowledge that any and all rights granted them under section 1542 of the California Civil Code are hereby expressly waived regarding the contract overtime claims occurring during the Settlement Period relating to the City’s contractual overtime policies and practices pertaining to the calculation of the regular rate of pay. Section 1542 of the California Civil Code provides as follows:
CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASE. A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
F. Knowledge of the Parties
The Parties understand and agree to this Agreement, and the terms and conditions contained herein, and enter into this Agreement knowingly and voluntarily. The Parties have investigated the facts pertaining to this Agreement and all matters pertaining thereto as deemed necessary. The Parties have relied upon their judgment, belief, knowledge, understanding and expertise after consultation with their designated legal representatives concerning the legal effect of the settlement and its terms. By signing this Agreement, the Parties signify their full understanding, agreement, and acceptance of the Agreement.
G. Governing Law and Venue
This Agreement will be governed by and construed in accordance with the laws of the State of California and, if necessary, federal law. To the extent that any party brings an action to
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Attachment: Campbell POA FLSA Settlement Agreement Final Draft Unsigned (Approval of Settlement Agreement with Campbell Peace
12202686.3 CA025-032
enforce the terms of this Agreement, such action shall be filed and prosecuted in the Superior Court in the County of Santa Clara.
H. Entire Agreement
This Agreement and the attachments constitute the entire agreement between the Parties regarding this matter. No other promise or inducement has been offered for this Agreement.
Any amendments to this Agreement must be in writing, signed by duly authorized representatives of the City and the Association, and must state that the Parties intend to amend the Agreement.
I. Duty to Act in Good Faith
The Parties shall act in good faith and use their reasonable good faith efforts after the execution of this Agreement to ensure that their respective obligations hereunder are fully and punctually performed. The parties shall promptly perform any further acts and execute and deliver any other documents or instruments that may be reasonably necessary to carry out the provisions of the Agreement.
J. Partial Invalidity
The invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any other provision of this Agreement.
K. Confidentiality and Disclosure of Terms
The Parties each agree to maintain the confidentiality of the negotiations underlying this Agreement to the extent permitted by law, and agree that they shall not voluntarily and publicly discuss the negotiations that led to this Agreement. This provision shall not extend to any information relating to the negotiations of this Agreement that the City may be required to disclose pursuant to the requirements of the Ralph M. Brown Act, Government Code section 54950, et. seq., the California Public Records Act, Government Code section 7920, et. seq., or the provisions of any other law or regulation requiring disclosure of information by public entities.
L. Counterparts
This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together shall constitute one-in-the-same document.
M. Effective Date
This Agreement shall become effective following execution by all of the Parties, the undersigned counsel for the Parties, and the approval of the City Council.
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Attachment: Campbell POA FLSA Settlement Agreement Final Draft Unsigned (Approval of Settlement Agreement with Campbell Peace
12202686.3 CA025-032
IN WITNESS WHEREOF, the Parties hereto have executed this Settlement Agreement and Release on the dates hereinafter indicated.
FOR THE CITY OF CAMPBELL FOR THE CAMPBELL POLICE
OFFICERS ASSOCIATION
____________________________ ____________________________ Matt Ryan, President
Date: _______________________ Date: _______________________
APPROVED AS TO FORM APPROVED AS TO FORM
____________________________ ____________________________ Lisa Charbonneau, LCW Peter Hoffmann, RLS
Date: _______________________ Date: _______________________
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Attachment: Campbell POA FLSA Settlement Agreement Final Draft Unsigned (Approval of Settlement Agreement with Campbell Peace
12202686.3 CA025-032
Attachment A
CTO Insurance Rebate – Current Employees
MARK G CUTLER
-
VICTOR M QUINTERO
830.03
SPENCER A BILLMAN
1,772.32
WILLIAM NUNN JR
941.62
BRAD D RICE
3,860.27
JASON D FAVREAU
911.62
JAMES W JOINES
1,533.47
LEE W HEITZMAN
-
DANIEL P STROMSKA
6,552.19
MARGARET F LEITZ
1,108.49
JAMES C COOPER
591.00
NAJIB M MAGEE -
JORDAN A FINESTONE
-
MICHAEL S KARDAN
-
DARRICK HONG
2,523.57
ADAM M ALAMEDA
2,135.85
STEVE T MUNOZ
1,235.37
JOSE I TALAMANTES
-
CHRISTOPHER JOINES
1,729.86
Sub-Total
25,725.66
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Attachment: Campbell POA FLSA Settlement Agreement Final Draft Unsigned (Approval of Settlement Agreement with Campbell Peace
12202686.3 CA025-032
Attachment B
CTO Add-On Pays – Current Employees
Active
MARK G CUTLER
2,979.22
VICTOR M QUINTERO
-
SPENCER A BILLMAN
1,087.73
WILLIAM NUNN JR
407.80
BRAD D RICE
3,075.84
JASON D FAVREAU
829.34
JAMES W JOINES
238.44
LEE W HEITZMAN
819.67
DANIEL P STROMSKA
3,231.97
MARGARET F LEITZ
1,623.52
JAMES C COOPER
-
NAJIB M MAGEE
779.40
JORDAN A FINESTONE
996.08
MICHAEL S KARDAN
339.42
DARRICK HONG
1,195.82
ADAM M ALAMEDA
1,897.02
STEVE T MUNOZ
881.70
JOSE I TALAMANTES
757.62
CHRISTOPHER JOINES
-
Total
21,140.58
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Attachment: Campbell POA FLSA Settlement Agreement Final Draft Unsigned (Approval of Settlement Agreement with Campbell Peace
12202686.3 CA025-032
Attachment C
Overtime Pay – Regular Rate
EE # First Last Amt
1839 ADAM M ALAMEDA 1,926.77
1895 GARY BENDIXEN 722.76
1770 SPENCER BILLMAN 2,132.79
1877 SCOTT BUCKOVIC 841.44
1886 ANDREW COLTON 93.05
1827 JAMES C COOPER 400.01
1647 MARK CUTLER 47.44
1780 JASON FAVREAU 554.03
1830 JORDAN A FINESTONE 88.89
1807 EDITH G FONG 433.48
1834 DARRICK HONG 1,157.18
1904 CODY JOHNSON 9.78
1874 CHRISTOPHER JOINES 658.86
1783 JAMES JOINES 272.90
1833 MICHAEL S KARDAN 1.62
1796 MARGARET LEITZ 124.25
1862 DANIEL LEON 0.04
1829 NAJIB M MAGEE 23.63
1840 STEVE T MUNOZ 2,479.54
1776 WILLIAM NUNN 1,725.19
1899 BENJAMIN PALMER 75.08
1870 RACHEL PECKHAM 190.16
1766 VICTOR QUINTERO 436.99
1795 ANDRE RIBEIRO 33.07
1777 BRAD RICE 1,396.85
1810 MATTHEW RYAN 537.74
1841 ANDREW C SERRANO 432.96
1762 BRIAN SESSIONS 148.33
1792 DANIEL STROMSKA 1,893.50
1903 DOMENIC VAIASICCA 70.11
1900 NATHANIEL VELICHKO 758.50
1747 IAN WHITE 488.82
Total 20,155.76
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Attachment: Campbell POA FLSA Settlement Agreement Final Draft Unsigned (Approval of Settlement Agreement with Campbell Peace
12202686.3 CA025-032
Attachment D
CTO Insurance Rebate – Former Employees
THOMAS ROGERS
-
ANA E SPEAR
-
DAVID C LOWRY
37.37 TERRY C GALLAGHER
-
DAVID V MENDEZ
-
DARWIN Y OKAMOTO
5.91 DAVID C CAMERON
-
DAVID R WETZEL
-
DAVID P LIVINGSTON
-
MICHAEL P SHORT
-
BRENDAN P BLIGH
36.33 JARED C JOHNSON
15.61 CHRISTOPHER F KIMMA
707.56
NICKOLAS T SKAGGS
181.21
STUART L HOWARD
-
CHRISTIAN R POTEAT
-
RAMIRO HERNANDEZ
26.94 Sub-Total
1,010.93
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Attachment: Campbell POA FLSA Settlement Agreement Final Draft Unsigned (Approval of Settlement Agreement with Campbell Peace
12202686.3 CA025-032
Attachment E
Overtime Pay – Regular Rate
CAMPBELL DUNCAN 613.34
TERRY GALLAGHER 74.70
STUART L HOWARD 0.14
JARED JOHNSON 13.42
DAVID LIVINGSTON 10.06
DAVID LOWRY 23.34
DAVID MENDEZ 124.37
DARWIN OKAMOTO 0.04
MATTHEW PAGE 37.69
CHRISTIAN R POTEAT 40.95
MICHAEL SHORT 39.72
NICKOLAS SKAGGS 17.35
ANA SPEAR 8.35
DAVID WETZEL 323.51
Total 1,326.98
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Attachment: Campbell POA FLSA Settlement Agreement Final Draft Unsigned (Approval of Settlement Agreement with Campbell Peace
12202686.3 CA025-032
Attachment F
OPT-IN FORM
Acknowledgement and Acceptance of the Settlement Agreement I, the undersigned, am a former employee of the City of Campbell. Between March 1, 2017 and my separation date, I was a member of the Campbell Police Officers Association. I hereby acknowledge that I understand and agree to the terms and conditions contained in this Settlement Agreement and Release of Claims (Settlement Agreement), as set forth in the above six (6) pages, and Attachments A through F.
I understand that my representatives, the Campbell Police Officers Association (CPOA), have negotiated settlement with the City to resolve my claims in this dispute. I understand that my individual settlement payment amount is part of the City’s total payment of $2,337.91 to other former employees. By accepting my respective settlement amount, I understand and agree that my acceptance of that amount constitutes a full and complete settlement of all contractual claims against the City for the contractual overtime policies and practices pertaining to the calculation of the regular rate of pay that may exist or have existed for services rendered between July 1, 2017 and my separation date. I understand that my individual settlement payment amount will be reduced by state and federal taxes and/or other lawful withholding, if any.
I understand that no later than [INSERT DATE 60 calendar days from the date of the notice] I must execute and return this form to the City in order to recover payment under this Settlement Agreement. I understand the City shall issue my payment no later than thirty (30) calendar days after [INSERT SAME DATE] if I have timely submitted this form to the City.
I certify under penalty of perjury that the foregoing is true and correct.
Print Name: _______________________________________________________
Address: _______________________________________________________ _______________________________________________________ _______________________________________________________
Signature: ______________________________________________________
Dated: _____________________________
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Attachment: Campbell POA FLSA Settlement Agreement Final Draft Unsigned (Approval of Settlement Agreement with Campbell Peace City
Council
Report
TITLE: Authorization to Apply for Energy Efficiency and Conservation Block Grant (EECBG) Program Funds (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution authorizing the Community Development Director to submit an application for Energy Efficiency and Conservation Block Grant (EECBG) program funds for the Climate Action and Adaptation Plan.
BACKGROUND
The Energy Efficiency and Conservation Block Grant (EECBG) is a Federal Program designed to assist states, local governments, and Tribes in planning and implementing programs and policies to reduce energy use, reduce fossil fuel emissions, and improve energy efficiency. The Bipartisan Infrastructure Investment and Jobs Act of 2021 (IIJA) directed $550 million to the EECBG program. The EECBG program is administered by the U.S. D epartment of Energy (U.S. DOE) through both competitive and formula grants. The City of Campbell is eligible for a $76,540 formula award and the deadline to apply is April 30, 2024.
DISCUSSION
The City is preparing a Climate Action and Adaptation Plan and sufficient funds have already been committed by the City to support the preparation of the plan. The EECBG formula grant presents an opportunity for federal funding to financially support portions of the grant, reducing the City’s cost. There is no local match required for the grant.
Grant funds can be used to support key activities related to energy planning – stakeholder engagement, education, and outreach; developing the goals and strategies; and writing, adopting, and publicizing the plan . Staff recommends that the City Council authorize the Community Development Department to apply to the Energy Efficiency and Conservation Block Grant (EECBG) Program for the allocated $76,540 in grant funds to be used towards the development of a Climate Action and Adaptation Plan.
FISCAL IMPACT
On June 20, 2023, the City Council adopted the FY 2024 budget approving the appropriation of $300,000 for the development of the Climate Action and Adaptation Item: 13
Category: CONSENT CALENDAR
Meeting Date: February 6, 2024
13 Packet Pg. 97
EECBG Grant Page 2 of 2
Plan. The $76,540 grant funds from EECBG would offset funds needed from the General Fund to support the development of the Plan.
ALTERNATIVES
• Do not authorize the submittal of an EECBG application to the U.S. DOE and provide additional direction to staff.
Prepared by:
Tiffany Hudson, Environmental Program
Specialist
Reviewed by:
Rob Eastwood, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution - Authorization to Apply for EECBG Program Funds 13 Packet Pg. 98
RESOLUTION NO. ___________
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO SUBMIT AN
APPLICATION FOR ENERGY EFFICIENCY AND CONSERVATION BLOCK
GRANT (EECBG) PROGRAM FUNDS
WHEREAS, in January 2023, the U.S. Department of Energy (DOE) announced the Infrastructure Investment and Jobs Act (IIJA) of 2021 Energy Efficiency and Conservation Block Grant Program Formula Grant, and informed eligible agencies of a January 31, 2024, deadline for submittal of applications, as well as the grant requirements;
WHEREAS, in May 2023, the U.S. DOE extended the deadline for local and tribal government EECBG Program applications to April 30, 2024; WHEREAS, the City of Campbell has been allocated $76,540 as part of a formula award;
WHEREAS, the EECBG award may be used for Energy Planning activities; WHEREAS, the City Council has identified as a Council Priority the preparation of a climate action plan for the City as identified in the FY 2023 Budget and during the February 16, 2023 Council priority setting session.
WHEREAS, the D raft Environmental Impact Report ( “DEIR”) for the 2040 Envision General Plan (“General Plan”) identified that development buildout under the General Plan would result in significant environmental impacts associated with Greenhouse Gas Emissions (“GHG”).
WHEREAS, the General Plan identifies policies and programs to reduce the significant GHG envir onmental impacts, including Policy COS-10.c which states “Prepare a Climate Action Plan that establishes GHG reduction targets that are consistent with Statewide GHG reduction goals, and includes an implementation program to achieve the reduction targets. Periodically review and update the Plan as necessary to achieve the GHG reduction targets specified in the Plan.
WHEREAS, the EECBG would partially fund preparation of a climate action plan, addressing GHG reduction goals strategies;
WHEREAS, the preparation of a climate action plan meets the key activities outlined in the “Energy Planning” EECBG Program Blueprint; WHEREAS, staff estimates the cost of this planning effort to be up to $300,000 and is applying for $76,540 in grant funds;
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Attachment: Resolution - Authorization to Apply for EECBG Program Funds (EECBG Grant) NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Campbell authorizes the Community Development Director to submit an application for Energy Efficiency and Conservation Block Grant (EECBG) program funds for the climate action plan.
PASSED AND ADOPTED this _____ day of ________, ______, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
APPROVED:
_____________________________
Susan M. Landry, Mayor
ATTEST:
_________________________________
Andrea Sanders, City Clerk
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Attachment: Resolution - Authorization to Apply for EECBG Program Funds (EECBG Grant) City
Council
Report
TITLE: Introduction of Ordinance Amending Chapters 6.04 and 6.12 of the City of Campbell’s Municipal Code to Implement Updated
Construction and Demolition Program Requirements (Ordinance/Roll Call Vote)
RECOMMENDED ACTION
That the City Council introduce an ordinance to amend Chapter 6.04 and 6.12 of the City’s Municipal Code; thereby, maintaining compliance with California’s Green Building Code and implementing new construction and demolition program processes.
BACKGROUND
The objective of California’s Green Building Standards Code (CALGreen) is to elevate public health, safety and overall well -being by advancing the design and construction of buildings. It aims to endorse structures with a positive environmental impact and foster sustainable construction practices. The construction and demolition (C&D) stipulations of CALGreen are outlined in Chapter 6.12 of the municipal code.
One of these requirements mandates that specific C&D projects manage and dispose of generated waste in a manner that achieves a minimum diversion rate of 65% from landfills. The proposed amendment to Chapter 6.04 aims to sustain the 65% diversion rate while implementing updated program processes. These program updates are endorsed by board members of the West Valley Solid Waste Management Authority (Authority).
The Authority has an agreement with West Valley Collection and Recycling (WVC&R) for the exclusive collection and transport of C&D debris within the City of Campbell, City of Monte Sereno, City of Saratoga, and Town of Los Gatos. This agreement is set to expire on February 29, 2024, and a new agreement with WVC&R will commence on March 1, 2024. In response to the direction from the Authority board members, several changes have been incorporated into the hauler's scope of work under the new contract.
During the December 5, 2022 Board Meeting, the Board directed the Authority to discontinue C&D collection as an exclusive service provided by WVC&R and establish a non-exclusive system for the collection and recycling of C&D. At the September 7, 2023 Item: 14
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: February 6, 2024
14 Packet Pg. 101
Introduction of Ordinance Amending Chapters 6.04 and 6.12 of the City of Campbell’s Municipal Code
Board Meeting, the Executive Director presented a recommendation to manage C&D materials effectively, allowing for a competitive market, improved services, compliance with state and local requirements, and more accurate reporting. The Board accepted the recommendation and instructed Authority staff to develop regulatory documents and criteria for selecting C&D collection contractors and certified C&D processing facilities.
DISCUSSION
Following guidance from Authority Board members, City staff and the Authority have worked together to address administrative changes to the C&D Program. The Authority has evaluated facility and hauler applicants for the enhancement of the redesigned C&D Program. The modifications to Chapter s 6.04 and 6.12 of the City’s municipal Code will specifically tackle the program changes.
Presently, Chapter 6.04 of the City's municipal code stipulates that only the exclusive hauler is permitted to be contracted for hauling C&D materials within the City's jurisdiction. The proposed amendment to 6.04 updates definitions and removes C&D materials from the exclusive hauler's definition, thereby eliminating its exclusive right to haul C&D debris within the City's jurisdiction. Additionally, the amendment introduces the definition of a C&D hauler, enabling a list of Authority-approved haulers to offer C&D debris hauling services within city limits. Furthermore, the amendments to Chapter 6.04 outline the enforcement process for the approved hauler and facility lists. This empowers the Authority to effectively manage contracts with the newly added haulers and facilities. Finally, the amendment to Chapter 6.04 removes outdated and repetitive sections of the chapter and updated section numbers.
For a cohesive municipal code, additional amendments have been made to Chapter
6.12 Recycling and Salvaging of Construction and Demolition Debris. The amendments in Chapter 6.12 acknowledge and define approved C&D haulers and processing facilities within the city limits. Furthermore, the amendments provide additional information regarding CALGreen’s diversion requirements, covered projects, and the City’s implementation of Waste Management Plans for CALGreen compliance.
FISCAL IMPACT
The introduction and adoption of this Ordinance will have no direct fiscal impact on the City. The cost s associated with the implementation of the new C&D Program is recovered through the hauler and facility application fees.
Prepared by:
Peri Newby, Environmental Program
Specialist
14 Packet Pg. 102
Introduction of Ordinance Amending Chapters 6.04 and 6.12 of the City of Campbell’s Municipal Code
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Chapters 6.04 & 6.12 Ordinance
b. Chapters 6.04 & 6.12 Ordinance_final redline
14 Packet Pg. 103
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 6.04 AND CHAPTER 6.12 OF THE CITY OF CAMPBELL MUNICIPAL
CODE TO IMPLEMENT UPDATED CONSTRUCTION AND DEMOLITION PROGRAM
REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION ONE: Chapter 6.04 of the Campbell Municipal Code is hereby amended to read as follow:
Chapter 6.04 - DISCARDED MATERIALS, CONSTRUCTION AND DEMOLITION DEBRIS AND EXCLUDED WASTE MANAGEMENT1
6.04.010 Definitions.
Words used in this chapter are defined as hereinafter provided, as follows:
(a) "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
(b) "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on cities, counties, special districts, and other regulated entities. (c) "City" means the City of Campbell, California, a political subdivision of the State of California, and its duly authorized representatives. (d) "City enforcement official" means the city code enforcement officer, city manager, or other executive in charge or their authorized designee(s) who is/are partially or whole responsible for enforcing the chapter. (e) "Commercial business" or "commercial" means non-residential premises such as firms, partnerships, proprietorships, joint-stock companies, corporations, or an association where business activities are conducted including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, or as otherwise defined in 14 CCR Section 18982(a)(6).
However, this definition excludes multi-family residential premises, strip malls, industrial facilities, or businesses conducted upon a residential property that complies with applicable zoning regulations and is not the primary use of the property, whether for-profit or nonprofit..
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Attachment: Chapters 6.04 & 6.12 Ordinance (Introduction of Ordinance Amending Chapters 6.04 and 6.12 of the City of Campbell’s Municipal (f) "Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in of this chapter or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7). (g) "Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
(h) "Compliance review" means a review of records by the city or its designee to determine compliance with this chapter.
(i) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
(j) "Compostable plastics" or "compostable plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). (k) “Construction and demolition debris” or “C&D debris” means discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair, or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded materials and universal waste. C&D debris includes rocks, soils, tree remains, and other yard trimmings that result from land clearing or land development operations in preparation for construction.
(l) “Container(s)” mean bins, carts, and roll-off boxes. (m) "Container contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(n) "County" means the County of Santa Clara, California. (o) "County agency enforcement official" means an authorized designee of the County of Santa Clara in the Public Health Department or other departments who is/are partially or whole responsible for enforcing the chapter. (p) "Customer" means the person who receives the exclusive hauler’s or C&D hauler's services and to whom the exclusive hauler or C&D hauler submits its billing invoice to and collects payment from for collection services provided to a premises. The customer may be either the occupant, owner, or other designated responsible person by the owner of the premises, as allowed under the city code.
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Attachment: Chapters 6.04 & 6.12 Ordinance (Introduction of Ordinance Amending Chapters 6.04 and 6.12 of the City of Campbell’s Municipal
(q) “C&D hauler” means the collection contractor that has been granted the exclusive or non-exclusive rights to collect C&D debris in the city through the agreement entered into by the collection contractor and the regional agency. (r) "Dead animals" means those animals that die naturally, from disease, or are accidentally killed, but shall not mean condemned animals or parts of animals from slaughterhouses or similar places.
(s) "Designee" means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
(t) "Discarded materials" means recyclable materials, organic materials, and solid waste discarded by a generator for the purposes of collection and/or self- hauling, excluding excluded waste.
(u) "Disposal" or "dispose" (or any variation thereof) means the final disposition of solid waste, or processing residue at a disposal facility. (v) “Dwelling unit” means any individual living unit in a single-family dwelling, multi- family dwelling, structure or building, mobile home, or motor home located on a permanent site intended for, or capable of being utilized for, residential living other than a hotel or motel.
(w) "Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. (x) "Enforcement action" means an action of the city or regional agency to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. (y) "Enforcement entity" means an appointed designee for the enforcement of this chapter. A designee may be the city enforcement official, regional agency's enforcement official, county enforcement official, other designee, or a combination of those entities.
(z) "Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in city's, its designee's, or regional agency's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, its
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Attachment: Chapters 6.04 & 6.12 Ordinance (Introduction of Ordinance Amending Chapters 6.04 and 6.12 of the City of Campbell’s Municipal
designee, or regional agency's to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, and household batteries when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by city, regional agency, or exclusive hauler for collection services.
(aa) "Exclusive hauler" means the collection contractor that has been granted the exclusive rights to collect recyclable materials, organic materials, and solid waste in the city through the agreement entered into by the collection contractor and the regional agency.
(bb) "Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
(cc) "Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.
(dd) "Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
(ee) "Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities. "Food recovery organization" includes, but is not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
(ff) "Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14
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Attachment: Chapters 6.04 & 6.12 Ordinance (Introduction of Ordinance Amending Chapters 6.04 and 6.12 of the City of Campbell’s Municipal
CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator.
(gg) "Food scraps" means those discarded materials that will decompose and/or putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) discarded paper (including paper containers and cartons) that is contaminated with food scraps and compostables; (iv) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (v) vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of Residential dwellings. Food scraps are a subset of food waste. Food scraps exclude fats, oils, and grease when such materials are source separated from other food scraps.
(hh) "Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
(ii) "Food-soiled paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. Food-soiled paper is a subset of food waste.
(jj) "Food waste" includes food scraps and food-soiled paper, and includes compostable plastics, unless city, its designee, regional agency, or exclusive hauler excludes compostable plastics in the organic materials containers. Food waste is a subset of organic materials.
(kk) "Generator" means any person whose act first causes discarded materials to become subject to regulation under this chapter of the city code or under federal, State, or local laws or regulations.
(ll) "Green waste" means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees (not more than three inches in diameter), garden and tree fruits and vegetables, and similar materials generated and Source Separated from other materials at the Premises.
(mm) "Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). (nn) "Hauler route" means the designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
(oo) "Health facility" has the same meaning as in Section 1250 of the Health and Safety Code.
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(pp) "High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content Recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
(qq) "Hotel" has the same meaning as in Section 17210 of the Business and Professions Code.
(rr) "Inspection" means a site visit where a city, its designee, or regional agency reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).
(ss) "Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.
(tt) "Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one Large Venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter. (uu) "Local education agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
(vv) "Multi-family residential dwelling" or "multi-family" means of, from, or pertaining to residential premises with five or more dwelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. Residential premises with fewer than five dwelling units shall be considered single-family.
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(ww) "Non-compostable paper" includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41). (xx) "Notice of violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
(yy) “Occupant” means the person who occupies a premises. (zz) "Organic materials" means green waste, food waste, lumber, and wood waste. (aaa) "Organic materials container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated organic materials.
(bbb) "Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, green waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
(ccc) "Organic waste generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(ddd) “Overage” means discarded materials exceeding the container's intended capacity such that (i) the container’s lid is lifted by at least one inch (or would be lifted by at least one inch if there was a lid); or, (ii) discarded materials are placed on top of or in the immediate vicinity of the container. (eee) “Owner” means the person(s) holding legal title to real property and/or any improvements thereon and shall include the person(s) listed on the latest equalized assessment roll of the county assessor, or as otherwise defined in 14 CCR Section 18982(a)(57).
(fff) "Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). (ggg) “Premises” means any land or building in the city where recyclable materials, organic materials, solid waste, or C&D are generated or accumulated.
(hhh) "Printing and writing papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
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(iii) "Process" or "processing" (or any variation thereof) means the controlled separation, recovery, volume reduction, conversion, or recycling of source separated recyclable materials or source separated organic materials including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20). (jjj) "Prohibited container contaminants" means the following: (i) discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the city's recyclable materials container; (ii) discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the city's organic materials container; (iii) discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in city's organic materials container and/or recyclable materials container; and, (iv) excluded waste placed in any container.
(kkk) "Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
(lll) "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). (mmm) "Recyclable materials" means materials that are intended for the purposes of being reused or recycled. The particular materials eligible to be recycled through the City’s programs shall be specified from time to time by the regional agency.
(nnn) "Recyclable materials container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.
(ooo) "Recycled-content paper" means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61). (ppp) "Regional agency" means the West Valley Solid Waste Management Authority.
(qqq) "Regional agency enforcement official" means a designated enforcement official from the regional agency or other regional or county agency, designated by the city with responsibility for enforcing the chapter in conjunction or consultation with city enforcement official.
(rrr) "Remote monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of recyclable materials containers, organic materials containers, and solid waste materials containers
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for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
(sss) "Renewable gas" means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62). (ttt) "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(uuu) "Route review" means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
(vvv) “Salvage” means the controlled removal of C&D debris from a covered project, for the purpose of reuse or storage for later reuse. (www) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
(xxx) "SB 1383 regulations" or "SB 1383 regulatory" means or refers to, for the purposes of this chapter, the short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. (yyy) "Self-hauler" means a person, who hauls solid waste, organic waste , or recyclable material they have generated to another person. Self -hauler also includes a person who back -hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back -haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). Self-hauler also includes a landscaper. (zzz) “Service level” means the size of a customer’s container(s) and the frequency of collection service.
(aaaa) "Share table" has the same meaning as in Section 114079 of the Health and Safety Code.
(bbbb) "Single-family" means of, from, or pertaining to any residential premises with fewer than five units.
(cccc) "Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash,
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refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
(dddd) "Solid waste materials container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of solid waste.
(eeee) "Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4).
For the purposes of the chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from solid waste for the purposes of collection and processing. (ffff) "Source separated organic materials" means source separated organic materials that can be placed in an organic materials container that is specifically intended for the separate collection of organic waste. (gggg) "Source separated recyclable materials" means source separated recyclables materials that can be placed in a recyclable materials containers that is specifically intended for the separate collection of recyclable materials. (hhhh) "State" means the State of California.
(iiii) "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery,
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canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(jjjj) "Tier one commercial edible food generator" means a commercial edible food generator that is one of the following, as defined in this chapter:
(1) Supermarket.
(2) Grocery store with a total facility size equal to or greater than ten thousand square feet.
(3) Food service provider.
(4) Food distributor.
(5) Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
(kkkk) "Tier two commercial edible food generator" means the following:
(1) Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.
(2) Hotel with an on-site food facility and two hundred or more rooms. (3) Health facility with an on-site food facility and one hundred or more beds. (4) Large venue.
(5) Large event.
(6) State agency with a cafeteria with two fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet. (7) A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
(llll) “Transportation” or “transport” means the act of conveying discarded materials and C&D debris from one location to another.
(mmmm) “Universal waste” means waste defined by 22 CCR Subsections 66273.1 through 66273.9, including, but not limited to batteries, fluorescent light bulbs, mercury switches, and E-waste.
(nnnn) "West Valley Clean Water Authority" means the stormwater pollution prevention authority for the cities of Campbell, Monte Sereno, Saratoga, and the town of Los Gatos.
(oooo) "Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer,
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warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
6.04.020 Regulations for accumulation.
(a) It is unlawful for any person to deposit, keep, accumulate, or permit or cause any discarded materials, C&D debris and/or excluded waste to be deposited, kept, or accumulated upon any lot or parcel of land, streets, and alleys or drives, unless the same is kept, deposited, or allowed to accumulate in containers provided by the exclusive hauler or C&D hauler. Storage within buildings, or outside and within five feet of a combustible surface, must be within a metal container. Storage of combustibles within a building in individual containers of one and one-half cubic yards or greater shall be provided with a one-hour occupancy separation from the remaining area of the building or protected by an automatic fire sprinkler head(s).
Outside storage within five feet of combustible surfaces may be allowed when protected by an automatic fire sprinkler head. Containers shall have a capacity of not less than twenty gallons, nor more than six yards, unless an approved container of larger size is provided by the exclusive hauler, and the containers shall be provided with close-fitting lids or covers which shall be kept closed at all times except when necessarily opened to permit deposit or removal of discarded materials. Container shall be kept in sanitary condition by owners and free of holes that might cause leakage or the emission of any offensive vapors, gases or odors.
The exclusive hauler for collection of discarded materials is granted by the city the rights to encroach on the public right of way, including if necessary, bike lanes, for that period during which containers are permitted to be placed by the exclusive hauler’s customers in such right of way for curbside collection from a residential or commercial premises during specific times of collection as prescribed in the agreement entered into by the exclusive hauler and the regional agency. No discarded material containers shall be placed at curbside or other location visible to the public more than twenty-four hours preceding the day of scheduled collection by the exclusive hauler and shall be removed from the curbside or any other location visible to the public within twenty-four hours the day immediately following the scheduled collection by the exclusive hauler.
(b) No person shall collect C&D debris produced, kept or accumulated within the city, unless such person holds a valid and current contract with the regional agency or is an agent or employee of the city acting within the course and scope of their employment.
6.04.030 Burying and burning of discarded materials, C&D debris and excluded waste.
(a) No person shall place any discarded materials, C&D debris, or excluded waste upon or beneath the surface of any premises. No person shall burn any discarded materials and/or excluded waste.
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6.04.040 Unauthorized use and handling of containers.
(a) It is unlawful for any person to deposit, keep, accumulate, or permit or cause any discarded materials or C&D debris to be deposited, kept, or accumulated in any discarded materials or C&D debris container owned or rented by any owner, resident or tenant, except that prior permission be obtained from the owner or renter of the discarded materials or C&D debris container. (b) No person other than the owner, his agents or employees or the exclusive hauler or C&D hauler shall handle any discarded materials or C&D debris containers or remove the contents thereof from the location where the same has been placed by such owner or his agent.
6.04.060 Minimum service—Containers.
(a) Commercial, business, apartments, multi-family, and industrial manufacturing occupancy must have the minimum of once-a-week discarded materials service.
Each separate occupancy shall have its own containers, or access to a container large enough to discard of all material generated by all occupancies using the container, unless the commercial, business, apartment, multi-family complex, or industrial manufacturing occupancy has been approved to share discarded material collection service by the city or regional agency.
(b) Each commercial, business, industrial, apartment, multi-family, or manufacturing occupancy shall maintain its discarded material container(s) in an area(s) approved by the community development director or duly appointed assistant, hereafter known as "agent of the city" or "agent" in accordance with the following criteria:
containers shall be within an enclosure(s) constructed and consisting of a concrete floor or asphalt no less than six inches in depth, surrounded by a minimum five-foot sight-obscuring wall or fence and having a gate (unless otherwise determined to be unnecessary for proper access), and of a size approved by the "agent" as safe and adequate for the intended use. The fence, gate and surface inside the enclosure must be kept in sound repair.
(c) Commercial, business, apartments, multi-family, and industrial manufacturing shall provide adequate, accessible, and convenient areas for collecting and loading discarded materials.
6.04.070 Discarded materials and C&D debris transportation. (a) No discarded materials shall be removed and carried on and along a public right-of- way of the city except that same be carried, conveyed, or hauled in conveyances so constructed as to be dustproof and watertight, and so arranged as not to permit dust, liquid, or other matter to sift through or fall upon a public right-of-way. The contents of such conveyances must be completely covered and enclosed so as to prevent the contents from being blown upon the public right-of-way and adjacent lands.
(b) C&D debris may be removed and carried on and along a public right -of-way of the city provided that same be carried, conveyed, or hauled in conveyances so
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constructed as to prevent C&D debris contained therein from spilling, falling, or escaping therefrom. The contents of such conveyances must be completely covered at the pick up location before transporting to prevent the contents from being blown upon the public right-of-way and adjacent lands.
6.04.080 Trucks.
(a) Every truck used by the exclusive hauler in the collection or removal of discarded materials shall be kept well-painted, clean inside and out, and in a prominent place on each truck display the name of the exclusive hauler's firm, telephone number, and the truck number.
6.04.090 Contract.
(a) For the collection, disposal, and processing of discarded materials, a contract for a period not to exceed twenty years may be entered into by the city or regional agency in accordance with the terms and conditions of this chapter. (b) For the collection and transport of C&D debris, an exclusive or non-exclusive contract may be entered into by the city or regional agency in accordance with the terms and conditions of this chapter. The regional agency may impose a limit on the number of non-exclusive C&D haulers.
6.04.100 Liability of all occupants for charges.
(a) All occupied premises in the city shall have discarded materials collection for the collection, removal, processing, and disposal of discarded materials produced upon premises for which a service charge shall be collected. Charges for such service shall be based upon the rates ratified by the regional agency. (b) All C&D debris collection services in the city shall be collected in accordance with the C&D debris collection services franchise agreement.
6.04.110 Billing owner.
(a) In the case of premises containing more than one dwelling unit or place of business or both, such charges may be charged to the owner of such premises who shall collect such charges levied against the occupants of the dwelling units or places of business located on such premises, and shall transmit the amount so collected to the exclusive hauler. In the event the owner fails to collect such charges from any such occupant and remit same to exclusive hauler, the owner shall be liable to exclusive hauler for the payment of such charges.
6.04.120 Discontinuance or suspension of service.
(a) Rates shall only be applicable during the time that a premises is occupied and utilities are connected. No charge shall be made for a billing period during which utilities are disconnected for instances where the premises is expected to be vacant for no less than thirty (30) days.
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6.04.130 Collection.
(a) It is unlawful for any person other than the city or exclusive hauler to engage in the business of collecting, disposing, transporting, carrying, or conveying discarded materials through the city public right-of-way. Excluding municipal county collection or disposal contractors serving the municipalities’ discarded materials collection district, state, or federal institutions or any person in the employ of such governmental agencies, provided no loss occurs from such vehicles upon the public right-of-way. Nothing shall prevent a producer from hauling his own discarded materials to a designated disposal or processing site.
(b) Exclusive hauler shall have the sole and exclusive right for discarded materials collection services provided for in this code as it relates to all residential areas, to each single-family dwelling, to all multi-family dwelling units, to all commercial, business, industrial, and manufacturing establishments, located within the city boundaries of this city, with the following exceptions:
(1) Items source separated at any premises by the generator and donated or sold to other persons, including youth, civic, or charitable organization. (2) Recyclable materials and organic materials other than edible food that have been source separated from solid waste by a premises and that: (1) premises sells or donates to any other person, provided that there is no net payment made by the premises to such other person; or, (2) have a value of equal to or more than the cost of collection.
(3) Commercial business owner or resident may collect and transport discarded materials for processing generated in or on their own premises with their own vehicle. However, the owner or resident shall be required to subscribe to and pay for the minimum required level of discarded materials collection service provided by the exclusive hauler.
(4) Edible food that is collected from a generator by other person(s), such as a person from a food recovery organization or food recovery service, for the purposes of food recovery, or that is transported by the generator to another person(s), such as a person from a food recovery organization, for the purposes of food recovery, regardless of whether the generator donates, sells, or pays a fee to the other person(s) to collect or receive the edible food from the generator.
(5) Food scraps that are separated by the generator and used by the generator or distributed to other person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed may be self-hauled by generator or hauled by another party.
(6) Containers delivered for recycling under the California Beverage Container Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code.
(7) Discarded materials removed from a premises by a contractor (e.g., gardener, landscaper, tree-trimming service, construction contractor, residential clean-out
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service) as an incidental part of the service being performed, rather than as a separately contracted or subcontracted hauling service; or if such contractor is providing a service that is not provided by the exclusive hauler. (8) Organic materials composted on a residential premises or otherwise legally managed at the site where they are generated or at a community composting site.
(9) Animal waste and remains from slaughterhouse or butcher shops, or grease. (10) By-products of sewage treatment, including sludge, sludge ash, grit, and screenings.
(11) Excluded materials regardless of their source.
(12) Materials generated by State and county facilities located in the city, including but not limited to public schools, provided that the facility self-hauls, has arranged services with other persons, or has arranged services with the contractor through a separate agreement.
(c) No person shall collect C&D debris produced, kept, or accumulated within the city, unless such person holds a valid and current contract with the regional agency or is an agent or employee of the city acting within the course and scope of their employment.
6.04.140 Placing for collection.
(a) The exclusive hauler shall collect and remove, from all places and premises in the city, all discarded materials that are contained in a container of the type or kind prescribed by this chapter, that are accessible to the exclusive hauler as prescribed in the agreement entered into by the exclusive hauler and the regional agency.. (b) All C&D debris shall be contained in roll-off containers. Such containers shall be kept in a suitable location upon such premises, readily accessible to the collector.
C&D debris containers shall not be placed on a public right-of-way or private alley except when approved by the city.
6.04.160 Single-family requirements.
(a) Owner, occupant, or property manager of single-family premises, except those that that meet the self-hauler requirements in this chapter shall subscribe to the regional agency's discarded materials collection services for all recyclable materials, organic materials, and solid waste generated as described below in Section 6.04.200(b).
City, its designee, or regional agency shall have the right to review the number and size of a recyclable materials containers, organic materials containers, and solid waste containers to evaluate adequacy of capacity, to avoid overage, provided for each type of collection service for proper separation of discarded materials and containment of materials; and, owner, occupant, or property manager of single- family premises shall adjust its service level for its collection services as requested by the city, its designee, or regional agency. Owner, occupant, or property manager may additionally manage their discarded materials by preventing or reducing their
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discarded materials, by managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(b) Generators shall participate in the regional agency's discarded materials collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.
(c) Generators shall place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.
Generators shall not place materials designated for the solid waste container into the recyclable materials container or organic materials container.
6.04.170 Commercial and multi-family requirements.
(a) Commercial businesses and multi-family residential dwellings shall comply with the following requirements:
(1) Subscribe to regional agency's discarded materials collection services and comply with requirements of those services as described in this chapter, except commercial businesses and multi-family residential dwellings that meet the self-hauler requirements in this chapter. City, its designee, or regional agency shall have the right to review the number and size of a commercial business's or multi-family residential dwellings' discarded materials containers and frequency of collection to evaluate adequacy of capacity, to avoid overage, provided for each type of collection service for proper separation of discarded materials and containment of materials; and, owner, occupant, or property manager of commercial businesses and multi-family residential dwellings shall adjust their service level for their collection services as determined by the city, its designee, or regional agency. If the commercial businesses and multi-family residential dwellings do not increase their service level as requested by the city, its designee, or regional agency, the city, its designee, or regional agency may require the exclusive hauler to increase their service level and bill the commercial businesses and multi-family residential dwellings for the increased service level required to prevent overages.
(2) Except commercial businesses and multi-family residential dwellings that meet the self-hauler requirements in this chapter, participate in the regional agency's discarded materials collection service(s) by placing designated materials in designated containers. Commercial and multi-family generators shall place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste containers. Generators shall not place materials designated for the solid waste container into the organic materials container or recyclable materials container. (3) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Sections
6.04.210b(1)(i) and b(1)(ii)) for employees, exclusive haulers, tenants, and
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customers, consistent with regional agency's discarded materials collection service or, if self-hauling, in a manner to support its compliance with its self- haul program, in accordance with this chapter.
(4) Annually provide information to employees, exclusive haulers, tenants, and customers about organic waste recovery requirements and proper sorting of source separated materials.
(5) Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated materials and separate from solid waste and the location of containers and the rules governing their use at each property. (6) Provide or arrange access for city, its designee, or regional agency to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter. (7) Accommodate and cooperate with city's, its designee's, or regional agency's remote monitoring program for inspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with this chapter. The remote monitoring program shall involve installation of remote monitoring equipment on or in the discarded materials containers.
(8) At commercial business's or multi-family residential dwelling's option and subject to any approval required from the city, its designee, or regional agency, implement a remote monitoring program for inspection of the contents of its discarded materials containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the discarded materials containers subject to written notification to or approval by the city, its designee, or regional agency. (9) If a commercial business or multi-family residential dwelling wants to self-haul, meet the self-hauler requirements in Section 6.02.260 of this chapter. (b) Commercial businesses shall also comply with the following requirements:
(1) Provide containers for the collection of source separated materials in all indoor and outdoor areas where containers for solid waste are provided for customers, for materials generated by that commercial business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the commercial business shall have either:
(i) A body or lid that conforms with the container colors provided through the collection service agreement between the city’s regional agency and the exclusive hauler, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies
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conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(ii) Existing containers shall be clearly marked with educational signage indicating the appropriate discarded material types to be placed in each container in accordance with requirements of the regional agency's collection program. Commencing March 1, 2024, new containers shall have container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container pursuant 14 CCR Sections 18984.8 and 18984.9.
(2) To the extent practical through education, training, Inspection, and/or other measures, shall prohibit employees from placing discarded materials in a container not designated for those materials per the regional agency's separated source and solid waste collection service or, if self-hauling, in a manner to support its compliance with its self-haul program, in accordance with this chapter.
(3) Periodically inspect separated source and solid waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(4) For commercial businesses that are tier one or tier two commercial edible food generators, comply with food recovery requirements in this chapter. (c) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
6.04.180 Waivers for residential and commercial generators. (a) De minimis waivers. The city or regional agency may waive a commercial business' or multi-family residential dwellings' obligation to comply with some or all of the source separated material requirements of this chapter if the commercial business or multi-family residential dwellings provides documentation that it generates below a certain amount of recyclable materials and organic materials, as described below.
Commercial businesses or multi-family residential dwellings requesting a de minimis waiver shall:
(1) Submit an application to the city or regional agency specifying the services that they are requesting a waiver from and provide documentation as noted below. (2) Provide documentation that either:
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(A) The commercial business' or multi-family residential dwellings' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a recyclable materials container and/or organic materials container comprises less than twenty gallons per week per applicable container of the commercial business's or multi-family residential dwellings' total waste; or,
(B) The commercial business' or multi-family residential dwellings' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a recyclable materials container and/or organic materials comprises less than ten gallons per week per applicable container of the commercial business's or multi-family residential dwellings' total waste.
(3) Notify city or regional agency if circumstances change such that commercial business's or multi-family residential dwelling's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded. (4) Provide written verification of eligibility for de minimis waiver every five years or other interval deemed appropriate by the city or regional agency for special circumstances, if city or regional agency has approved de minimis waiver. (5) Pay any applicable application fee, which may be established by resolution of the city council or regional agency.
(b) Physical space waivers. The city or regional agency may waive a commercial business's or multi-family residential dwelling's or property owner's obligations to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, the regional agency's exclusive hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter.
A commercial business or multi-family residential dwelling owner or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for recyclable materials containers and/or organic materials containers including documentation from its exclusive hauler, licensed architect, or licensed engineer.
(3) Provide written verification to city or regional agency that it is still eligible for physical space waiver every five years or other interval deemed appropriate by the city or regional agency for special circumstances, if city or regional agency has approved application for a physical space waiver.
(4) Pay any applicable application fee, which may be established by resolution of the city council or regional agency.
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6.04.190 - Commercial edible food generators requirements.
6.04.200 - Requirements for food recovery organizations and services.
6.04.210 Hauler and facility operator requirements.
(a) Requirements for haulers.
(1) The exclusive hauler providing discarded materials collection for single-family, multi-family residential dwellings, and commercial recyclable materials, organic waste, and solid waste collection services to generators within the city's boundaries shall meet the following requirements and standards:
(A) Transport: (i) source separated recyclable materials to a facility that recovers recyclable materials; (ii) source separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; and (iii) solid waste to a disposal facility; and all facilities shall be approved by the regional agency through the exclusive hauler's collection agreement with the regional agency.
(2) The exclusive hauler authorized to collect source separated materials and solid waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into by the exclusive hauler and the regional agency.
(3) The C&D hauler providing C&D collection services to generators within the city’s boundaries shall comply with all requirements contained within its agreement entered into by the C&D hauler and regional agency. (b) Requirements for facility operators and community composting operations. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon city or regional agency request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city or regional agency shall respond within sixty days.
6.04.220 Self-hauler requirements.
(a) Self-haulers shall source separate all materials in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste that is mixed with solid waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
(b) Self-haulers shall haul their source separated materials to facilities that recover those materials. Alternatively, self-haulers may haul organic waste that is mixed with solid waste to a high diversion organic waste processing facility.
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(1) Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic waste, or solid waste.
(2) The amount of discarded material in cubic yards or tons transported by the generator to each entity.
(3) If the discarded material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self- hauler is not required to record the weight of material but shall keep a record of the entities that received the recyclable materials, organic waste, or solid waste.
(d) Self-haulers that are owners or property managers of commercial businesses and multi-family self-haulers shall provide information collected in 6.04.260(c) to city, its designee, or regional agency, if requested.
(e) A single-family generator that self-hauls recyclable materials, organic waste, or solid waste is not required to record or report information in 6.04.260(c) and (d).
6.04.230 Inspections and investigations by city.
(a) The enforcement entity is authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for discarded materials collected from generators, or source separated materials to confirm compliance with this chapter by single-family generators, commercial businesses, multi-family residential dwellings, property owners, commercial edible food generators, haulers, self- haulers, food recovery services, and food recovery organizations, and other entities regulated hereunder subject to applicable laws. This section does not allow the enforcement entity to enter the interior of a private residential property for inspection. For the purposes of inspecting commercial business and multi-family residential dwellings containers for compliance of this chapter, city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses and multi-family residential dwellings shall accommodate and cooperate, if applicable, with the remote monitoring pursuant to this chapter.
(b) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the enforcement entity's employee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity's
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premises; (ii) installation and operation of remote monitoring equipment; or (iii) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described.
(c) Any records obtained during inspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (d) The enforcement entity shall receive written complaints from persons regarding an entity that may be potentially non-compliant with this chapter, including receipt of anonymous complaints.
6.04.240 Enforcement.
(a) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The responsible entity for enforcement may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The enforcement entity may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of entity's resources.
(b) Responsible entity for enforcement.
(1) Enforcement pursuant to this chapter may be undertaken by the city enforcement official, regional agency enforcement official, county agency enforcement official, designee, or combination thereof, as defined in this chapter.
(A) The enforcement entity will interpret this chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met. (B) The enforcement entity's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
(c) Process for enforcement.
(1) The enforcement entity and exclusive hauler will monitor compliance with the chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). This chapter establishes city's right to authorize or conduct inspections and investigations.
(2) The enforcement entity may issue an official notification to notify regulated entities of its obligations under this chapter.
(3) For incidences of prohibited container contaminants found in containers, the enforcement entity will issue a notice of violation to any generator found to
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have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container. If the enforcement entity or exclusive hauler observes prohibited container contaminants in a generator's containers on more than three consecutive occasion(s), the enforcement entity or exclusive hauler may assess contamination processing fees or contamination penalties on the generator.
(4) With the exception of violations of generator contamination of container contents addressed under 6.04.280(c)(3), the enforcement entity shall issue a notice of violation requiring compliance within sixty days of issuance of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the notice of violation, the enforcement entity shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the city's municipal code, Chapter 6.10.180 administrative penalties and procedures.
Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information. (d) Penalty amounts for types of violation. The penalty levels follow city municipal code, chapter 6.10.180 administrative penalties and procedures. (e) Compliance deadline extension considerations. The enforcement entity may extend the compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(f) Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is consistent with city's procedures in the city municipal code, Chapter 6.10.
(g) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, the enforcement entity will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the enforcement entity determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery
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service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022 and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(h) Civil penalties for non-compliance. Beginning January 1, 2024, if the enforcement entity determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter, as needed.
SECTION TWO: Chapter 6.12 of the Campbell Municipal Code is hereby amended to read as follow:
6.12.010 Definitions.
For purposes of this chapter, the following definitions apply:
“Approved C&D processing facility” means any of the facilities, used to process C&D, which have been approved by the regional agency.
"Construction and demolition debris" or “C&D” means discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded materials and universal waste. C&D debris includes rocks, soils, tree remains, and other yard trimmings that result from land clearing or land development operations in preparation for construction. "Contractor" means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the state of California, or who performs (whether as contractor, subcontractor, owner-builder, or otherwise) any construction, demolition, remodeling, renovation, or landscaping service relating to buildings or accessory structures in the city of Campbell.
"Covered project" means and includes any project for new construction, building renovation, remodel, addition or alternations and demolition projects that meet California Green Building Standards Code, 24 CCR, Part 11 (CALGreen) requirements. "Designated recyclable and reusable materials" means and includes:
(1) Inert solids, including asphalt, concrete, rock, stone, brick, sand, soil and fines; (2) Wood materials; including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted;
(3) Vegetative materials, including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use;
(4) Metals, including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences;
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(5) Roofing materials including wood shingles and shakes as well as asphalt, stone and slate based roofing material;
(6) Salvageable materials and structures, including, but not limited to doors, windows, fixtures, hardwood flooring, sinks, bathtubs and appliances. "Regional agency enforcement official" means a designated enforcement official from the regional agency or other regional or county agency, designated by the city with responsibility for enforcing the chapter in conjunction or consultation with city enforcement official.
"Salvage" means the controlled removal of C&D debris from a covered project, for the purpose of reuse or storage for later reuse;
"Structure" means anything constructed or erected.
6.12.030 - Requirement to divert C&D debris.
This section sets forth that all covered projects must comply with the following provisions of the most current California Green Building Standards Code (CALGreen) Sections:
(a) 4.408.1 Construction Waste Management Residential (recycling requirements) (b) 5.408.1 Construction Waste Management Non-Residential (recycling requirements) (c) 5.408.2 Diversion by Waste Management Non-Residential (universal waste diversion requirements)
6.12.040 Approved C&D processing facilities.
(a) The regional agency is authorized to designate and approve C&D processing facilities. The regional agency shall issue an approval only if the owner or operator of the facility submits documentation satisfactory to the regional agency and shall obtain third party certification for mixed C&D processing. (b) C&D processing facilities shall, as a condition of their approval, agree to terms and conditions set forth by the regional agency.
6.12.050 Declaration of intent.
(a) Applicants for construction, demolition or other development permits for projects under this chapter shall execute a declaration of intent to recycle construction and demolition debris for a covered project at the required rate set by California's Green Building Standards Code.
6.12.060 Administrative fee.
6.12.070 Reporting.
(a) No later than thirty days following the completion of a covered project, the contractor shall, as a condition of final approval and for issuance of any certificate of occupancy, certify C&D debris was recycled at the diversion rate set by California's Green Building Standard Code and submit documentation to
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department of public works that demonstrates compliance with the requirements of this chapter.
(b) The documentation shall be submitted in a form consistent with city requirements and consist of receipts and weight tags or other records of measurement or equivalent documentation from recycling and processing companies, deconstruction contractors, and landfill and disposal companies approved by the regional agency.
(c) Progress reports during construction may be required. (d) All documentation submitted pursuant to this section is subject to verification by city.
(e) It is unlawful for any person to submit documentation to city under this section that a person knows to contain any false statements, including but not limited to false statements regarding tonnage of materials recycled or diverted, or to submit any false or fraudulent receipt of weight tags or other record of measurement.
6.12.080 Violation a misdemeanor.
6.12.090 Responsible party.
6.12.010 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof.
The city and regional agency hereby declare that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. To this end, the provisions of this ordinance are declared severable.
THEREFORE, BE IT RESOLVED that the City Council adopts an Ordinance amending chapters 6.04 and 6.12 of the City of Campbell municipal code to implement updated construction and demolition program requirements.
PASSED AND ADOPTED this __ day of ______, 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:______________________________
Susan M. Landry, Mayor
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ATTEST:______________________________
Andrea Sanders, City Clerk
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ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 6.04 AND CHAPTER 6.12 OF THE CITY OF CAMPBELL MUNICIPAL
CODE TO IMPLEMENT UPDATED CONSTRUCTION AND DEMOLITION PROGRAM
REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION ONE: Chapter 6.04 of the Campbell Municipal Code is hereby amended to read as follow:
Chapter 6.04 - DISCARDED MATERIALS, CONSTRUCTION AND DEMOLITION DEBRIS AND EXCLUDED WASTE MANAGEMENT1
6.04.010 Definitions.
Words used in this chapter are defined as hereinafter provided, as follows:
(a) "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).
(b) "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on cities, counties, special districts, and other regulated entities. (c) "City" means the City of Campbell, California, a political subdivision of the State of California, and its duly authorized representatives. (d) "City enforcement official" means the city code enforcement officer, city manager, or other executive in charge or their authorized designee(s) who is/are partially or whole responsible for enforcing the chapter. (e) "Commercial business" or "commercial" means non-residential premises such as firms, partnerships, proprietorships, joint-stock companies, corporations, or an association where business activities are conducted including, but not limited to, retail sales, services, wholesale operations, manufacturing, and industrial operations, or as otherwise defined in 14 CCR Section 18982(a)(6).
However, this definition excludes multi-family residential premises, strip malls, industrial facilities, or businesses conducted upon a residential property that complies with applicable zoning regulations and is not the primary use of the property, whether for-profit or nonprofit. a firm, partnership, proprietorship,
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joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling with five or more units, or as otherwise defined in 14 CCR Section 18982(a)(6); with the exception that multi-family is excluded from this definition. A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this chapter.
(f) "Commercial edible food generator" includes a tier one or a tier two commercial edible food generator as defined in of this chapter or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7). (g) "Community composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed one hundred cubic yards and seven hundred fifty square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).
(h) "Compliance review" means a review of records by the city or its designee to determine compliance with this chapter.
(i) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this chapter, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility.
(j) "Compostable plastics" or "compostable plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). (k) “Construction and demolition debris” or “C&D debris” means discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair, or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded materials and universal waste. C&D debris includes rocks, soils, tree remains, and other yard trimmings that result from land clearing or land development operations in preparation for construction.
(l) “Container(s)” mean bins, carts, and roll-off boxes. (km) "Container contamination" or "contaminated container" means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(ln) "County" means the County of Santa Clara, California. (om) "County agency enforcement official" means an authorized designee of the County of Santa Clara in the Public Health Department or other departments who is/are partially or whole responsible for enforcing the chapter.
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(pn) "Customer" means the person who receives the exclusive hauler’s or C&D hauler's services and to whom the exclusive hauler or C&D hauler submits its billing invoice to and collects payment from for collection services provided to a premises. The customer may be either the occupant, owner, or property managerother designated responsible person by the owner of the premises, as allowed under the city code.
(qo) “C&D hauler” means the collection contractor that has been granted the exclusive or non-exclusive rights to collect C&D debris in the city through the agreement entered into by the collection contractor and the regional agency. "C&D" means construction and demolition debris.
(rp) "Dead animals" means those animals that die naturally, from disease, or are accidentally killed, but shall not mean condemned animals or parts of animals from slaughterhouses or similar places.
(sq) "Designee" means an entity that the city contracts with or otherwise arranges to carry out any of the city's responsibilities of this chapter as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
(tr) "Discarded materials" means recyclable materials, organic materials, and solid waste discarded by a generator for the purposes of collection and/or Sself- hHauling, excluding excluded waste.
(us) "Disposal" or "dispose" (or any variation thereof) means the final disposition of solid waste, or processing residue at a disposal facility. (v) “Dwelling unit” means any individual living unit in a single-family dwelling, multi- family dwelling, structure or building, mobile home, or motor home located on a permanent site intended for, or capable of being utilized for, residential living other than a hotel or motel.
(wt) "Edible food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this chapter or as otherwise defined in 14 CCR Section 18982(a)(18), "edible food" is not solid waste if it is recovered and not discarded. Nothing in this chapter or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. (ux) "Enforcement action" means an action of the city or regional agency to address non-compliance with this chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. (vy) "Enforcement entity" means an appointed designee for the enforcement of this chapter. A designee may be the city enforcement official, regional agency's enforcement official, county enforcement official, or other designee, or a combination of those entities.
(wz) "Excluded waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious,
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regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in city's, its designee's, or regional agency's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose the city, its designee, or regional agency's to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, and household batteries when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by city, regional agency, or exclusive hauler for collection services.
(xaa) "Exclusive hauler" means the collection contractor that has been granted the exclusive rights to collect recyclable materials, organic materials, and solid waste, and C&D in the city through the agreement entered into by the collection contractor and the regional agency.
(ybb) "Food distributor" means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
(zcc) "Food facility" has the same meaning as in Section 113789 of the Health and Safety Code.
(aadd) "Food recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
(bbee) "Food recovery organization" means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities. "Food recovery organization" includes, but is not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
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A food recovery organization is not a commercial edible food generator for the purposes of this chapter and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this chapter.
(ccff) "Food recovery service" means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator.
(ddgg) "Food scraps" means those discarded materials that will decompose and/or putrefy including: (i) all kitchen and table food waste; (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs; (iii) discarded paper (including paper containers and cartons) that is contaminated with food scraps and compostables; (iv) fruit waste, grain waste, dairy waste, meat, and fish waste; and, (v) vegetable trimmings, houseplant trimmings and other compostable organic waste common to the occupancy of Residential dwellings. Food scraps are a subset of organic food waste. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps. (eehh) "Food service provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27). (ffii) "Food-soiled paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. Food-soiled paper is a subset of food waste.
(ggjj) "Food waste" includes food scraps and food-soiled paper, and includes compostable plastics, unless city, its designee, regional agency, or exclusive hauler excludes compostable plastics in the organic materials containers. Food waste is a subset of organic materials.
(hhkk) "Generator" means any person whose act first causes discarded materials to become subject to regulation under this chapter of the city code or under federal, State, or local laws or regulations.
(iill) "Green waste" means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees (not more than three inches in diameter), garden and tree fruits and vegetables, and similar materials generated and Source Separated from other materials at the Premises.
(jjmm) "Grocery store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the
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food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). (kknn) "Hauler route" means the designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
(lloo) "Health Ffacility" has the same meaning as in Section 1250 of the Health and Safety Code.
(mmpp) "High diversion organic waste processing facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content Recovery rate of fifty percent between January 1, 2022 and December 31, 2024, and seventy-five percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
(nnqq) "Hotel" has the same meaning as in Section 17210 of the Business and Professions Code.
(oorr) "Inspection" means a site visit where a city, its designee, or regional agency reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR Section 18982(a)(35). (ppss) "Large event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than two thousand individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this chapter.
(qqtt) "Large venue" means a permanent venue facility that annually seats or serves an average of more than two thousand individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one Large Venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this chapter. (rruu) "Local education agency" means a school district, charter school, or county office of education that is not subject to the control of city or county
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regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
(ssvv) "Multi-family residential dwelling" or "multi-family" means of, from, or pertaining to residential premises with five or more dwelling units. Multi- family premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. Residential premises with fewer than five dwelling units shall be considered single-family. (ttww) "Non-compostable paper" includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41). (uuxx) "Notice of violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
(yy) “Occupant” means the person who occupies a premises. (vvzz) "Organic materials" means green waste, food waste, lumber, and wood waste.
(wwaaa) "Organic materials container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated organic materials.
(xxbbb) "Organic waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, green waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
(yyccc) "Organic waste generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(ddd) “Overage” means discarded materials exceeding the container's intended capacity such that (i) the container’s lid is lifted by at least one inch (or would be lifted by at least one inch if there was a lid); or, (ii) discarded materials are placed on top of or in the immediate vicinity of the container. (eee) “Owner” means the person(s) holding legal title to real property and/or any improvements thereon and shall include the person(s) listed on the latest equalized assessment roll of the county assessor, or as otherwise defined in 14 CCR Section 18982(a)(57).
(zzfff) "Paper products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
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(ggg) “Premises” means any land or building in the city where recyclable materials, organic materials, solid waste, or C&D are generated or accumulated.
(aaahhh) "Printing and writing papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(bbbiii) "Process" or "processing" (or any variation thereof) means the controlled separation, recovery, volume reduction, conversion, or recycling of source separated recyclable materials or source separated organic materials including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20). (cccjjj) "Prohibited container contaminants" means the following: (i) discarded materials placed in the recyclable materials container that are not identified as acceptable source separated recyclable materials for the city's recyclable materials container; (ii) discarded materials placed in the organic materials container that are not identified as acceptable source separated organic materials for the city's organic materials container; (iii) discarded materials placed in the solid waste container that are acceptable source separated recyclable materials and/or source separated organic materials to be placed in city's organic materials container and/or recyclable materials container; and, (iv) excluded waste placed in any container.
(dddkkk) "Recovered organic waste products" means products made from California, landfill-diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
(iiilll) "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). (fffmmm) "Recyclable materials" means materials that are intended for the purposes of being reused or recycled.authorized by exclusive hauler as recyclable. The particular materials eligible to be recycled through the City’s programs shall be specified from time to time by the regional agency.
(gggnnn) "Recyclable materials container" has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials.
(hhhooo) "Recycled-content paper" means paper products and printing and writing paper that consists of at least thirty percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
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(iiippp) "Regional agency" means the West Valley Solid Waste Management Authority.
(jjjqqq) "Regional agency enforcement official" means a designated enforcement official from the regional agency or other regional or county agency, designated by the city with responsibility for enforcing the chapter in conjunction or consultation with city enforcement official.
(kkkrrr) "Remote monitoring" means the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of recyclable materials containers, organic materials containers, and solid waste materials containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants.
(lllsss) "Renewable gas" means gas derived from organic waste that has been diverted from a California landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62). (mmmttt) "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
(nnnuuu) "Route review" means a visual inspection of containers along a hauler route for the purpose of determining container contamination, and may include mechanical Iinspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
(vvv) “Salvage” means the controlled removal of C&D debris from a covered project, for the purpose of reuse or storage for later reuse. (ooowww) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. (pppxxx) "SB 1383 regulations" or "SB 1383 regulatory" means or refers to, for the purposes of this chapter, the short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR. (qqqyyy) "Self-hauler" means a person, who hauls solid waste, organic waste , or recyclable material they have generated to another person. Self -hauler also includes a person who back -hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back -haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). Self-hauler also includes a landscaper.
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(zzz) “Service level” means the size of a customer’s container(s) and the frequency of collection service.
(rrraaaa) "Share table" has the same meaning as in Section 114079 of the Health and Safety Code.
(sssbbbb) "Single-family" means of, from, or pertaining to any residential premises with fewer than five units.
(tttcccc) "Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141.
(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
(uuudddd) "Solid waste materials container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of solid waste.
(vvveeee) "Source separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4).
For the purposes of the chapter, source separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from solid waste for the purposes of collection and processing.
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(wwwffff) "Source separated organic materials" means source separated organic materials that can be placed in an organic materials container that is specifically intended for the separate collection of organic waste. (xxxgggg) "Source separated recyclable materials" means source separated recyclables materials that can be placed in a recyclable materials containers that is specifically intended for the separate collection of recyclable materials.
Source separated recyclable materials.
(yyyhhhh) "State" means the State of California.
(zzziiii) "Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars, or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
(aaaajjjj) "Tier one commercial edible food generator" means a commercial edible food generator that is one of the following, as defined in this chapter:
(1) Supermarket.
(2) Grocery store with a total facility size equal to or greater than ten thousand square feet.
(3) Food service provider.
(4) Food distributor.
(5) Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this chapter.
(bbbbkkkk) "Tier two commercial edible food generator" means the following:
(1) Restaurant with two hundred fifty or more seats, or a total facility size equal to or greater than five thousand square feet.
(2) Hotel with an on-site food facility and two hundred or more rooms. (3) Health facility with an on-site food facility and one hundred or more beds. (4) Large venue.
(5) Large event.
(6) State agency with a cafeteria with two fifty or more seats or total cafeteria facility size equal to or greater than five thousand square feet. (7) A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this chapter.
(llll) “Transportation” or “transport” means the act of conveying discarded materials and C&D debris from one location to another.
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(mmmm) “Universal waste” means waste defined by 22 CCR Subsections 66273.1 through 66273.9, including, but not limited to batteries, fluorescent light bulbs, mercury switches, and E-waste.
(ccccnnnn) "West Valley Clean Water Authority" means the stormwater pollution prevention authority for the cities of Campbell, Monte Sereno, Saratoga, and the town of Los Gatos.
(ddddoooo) "Wholesale food vendor" means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
6.04.020 Regulations for accumulation.
(a) It is unlawful for any person to deposit, keep, accumulate, or permit or cause any discarded materials, C&D debris and/or excluded waste to be deposited, kept, or accumulated upon any lot or parcel of land, streets, and alleys or drives, unless the same is kept, deposited, or allowed to accumulate in galvanized metal containers provided by thethrough an exclusive contracted exclusive hauler or C&D haulerreceptacles provided with handles, or acceptable plastic container. Storage within buildings, or outside and within five feet of a combustible surface, must be within a metal containerreceptacle. Storage of combustibles within a building in individual containers of one and one-half cubic yards or greater shall be provided with a one-hour occupancy separation from the remaining area of the building or protected by an automatic fire sprinkler head(s). Outside storage within five feet of combustible surfaces may be allowed when protected by an automatic fire sprinkler head. Receptacles Containers shall have a capacity of not less than twenty gallons, nor more than six yards, unless an approved container of larger size is provided by the exclusive hauler, and the containersreceptacles shall be provided with close- fitting lids or covers which shall be kept closed at all times except when necessarily opened to permit deposit or removal of discarded materials. Container shall be kept in sanitary condition by owners and free of holes that might cause leakage or the emission of any offensive vapors, gases or odors. No container, when filled, shall weigh more than seventy pounds. No container shall be placed in any manner such that the container impedes normal vehicular traffic, public transportation or pedestrian or wheelchair access to public rights-of-way The exclusive hauler for collection of discarded materials is granted by the city the rights to encroach on the public right of way, including if necessary, bike lanes, for that period during which containers are permitted to be placed by the exclusive hauler’s customers in such right of way for curbside collection from a residential or commercial premises during specific times of collection as prescribed in the agreement entered into by the exclusive hauler and the regional agency. No discarded material containers shall be placed at curbside or other location visible to the public more than twenty-four hours preceding the day of scheduled collection by the exclusive hauler and shall be removed from the curbside or any other location visible to the public within
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twenty-four hours the day immediately following the scheduled collection by the contractorexclusive hauler.
(b) No person shall collect C&D debris produced, kept or accumulated within the city, unless such person holds a valid and current contract with the regional agency or is an agent or employee of the city acting within the course and scope of their employment.
6.04.030 Burying and burning of discarded materials, C&D debris and excluded waste.
(a) No person shall place any discarded materials, C&D debris, or excluded waste upon or beneath the surface of any premises. No person shall burn any discarded materials and/or excluded waste.
6.04.040 Unauthorized use and handling of receptaclescontainers. (a) It is unlawful for any person to deposit, keep, accumulate, or permit or cause any discarded materials or C&D debris to be deposited, kept, or accumulated in any discarded materials or C&D debris container owned or rented by any owner, resident or tenant, except that prior permission be obtained from the owner or renter of the discarded materials or C&D debris container. (b) No person other than the owner, his agents or employees or the exclusive hauler or C&D hauler shall handle any discarded materials or C&D debris containers or remove the contents thereof from the location where the same has been placed by such owner or his agent.
6.04.060 Minimum service—Containers.
(a) Commercial, business, apartments, multi-family, and industrial manufacturing occupancy must have the minimum of once-a-week discarded materials service.
Each separate occupancy shall have its own containers, or access to a container large enough to discard of all material generated by all occupancies using the container, unless the commercial, business, apartment, multi-family complex, or industrial manufacturing occupancy has been approved to share discarded material collection service by the city or regional agency.
(b) Each commercial, business, industrial, apartment, multi-family, or manufacturing occupancy shall maintain its discarded material container(s) in an area(s) approved by the community development director or duly appointed assistant, hereafter known as "agent of the city" or "agent" in accordance with the following criteria:
containers shall be within an enclosure(s) constructed and consisting of a concrete floor or asphalt no less than six inches in depth, surrounded by a minimum five-foot sight-obscuring wall or fence and having a gate (unless otherwise determined to be unnecessary for proper access), and of a size approved by the "agent" as safe and adequate for the intended use. The fence, gate and surface inside the enclosure must be kept in sound repair.
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(c) Commercial, business, apartments, multi-family, and industrial manufacturing shall provide adequate, accessible, and convenient areas for collecting and loading discarded materials.
6.04.070 Discarded materials and C&D debris transportation. (a) No discarded materials shall be removed and carried on and along a public right-of- way of the city except that same be carried, conveyed, or hauled in conveyances so constructed as to be dustproof and watertight, and so arranged as not to permit dust, liquid, or other matter to sift through or fall upon a public right-of-way. The contents of such conveyances must be completely covered and enclosed so as to prevent the contents from being blown upon the public right-of-way and adjacent lands.
(b) C&D debris shallmay be removed and carried on and along a public right-of-way of the city exceptprovided that same be carried, conveyed, or hauled in conveyances so constructed as to prevent C&D debris contained therein from spilling, falling, or escaping therefrom . The contents of such conveyances must be completely covered at the pick up location before transporting to prevent the contents from being blown upon the public right-of-way and adjacent lands.
6.04.080 Trucks.
(a) Every truck used by the exclusive hauler in the collection or removal of discarded materials shall be kept well-painted, clean inside and out, and in a prominent place on each truck display the name of the exclusive hauler's firm, telephone number, and the truck number.
6.04.090 Contract.
(a) For the collection, disposal, and processing of discarded materials, a contract for a period not to exceed twenty years may be entered into by the city or regional agency in accordance with the terms and conditions of this chapter. (b) For the collection and transport of C&D debris, an exclusive or non-exclusive contract may be entered into by the city or regional agency in accordance with the terms and conditions of this chapter. The regional agency may impose a limit on the number of non-exclusive C&D haulers.
6.04.100 Liability of all occupants for feescharges.
(a) All occupied premises in the city shall have discarded materials collection for the collection, removal, processing, and disposal of discarded materials produced upon premises for which a service charge shall be collected. Charges for such service shall be based upon the rates submitted annually by the exclusive hauler and ratified by the regional agency.
(b) All C&D debris collection services in the city shall be collected in accordance with the C&D debris collection services franchise agreement.
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6.04.110 Billing owner.
(a) In the case of premises containing more than one dwelling unit or place of business or both, such fees charges may be charged to the owner of such premises who shall collect such fees charges levied against the occupants of the dwelling units or places of business located on such premises, and shall transmit the amount so collected to the exclusive hauler. In the event the owner fails to collect such fees charges from any such occupant and remit same to exclusive hauler, the owner shall be liable to exclusive hauler for the payment of such feescharges.
6.04.120 Discontinuance or suspension of service.
(a) Rates shall only be applicable during the time that a premises is occupied and utilities are connected for a portion of a billing period. No charge shall be made for a billing period during which utilities are disconnected for instances where the premises is expected to be vacant for no less than thirty (30) daysfor the full period.
6.04.130 Collection.
(a) It is unlawful for any person other than the city or exclusive hauler to engage in the business of collectiong, disposing of, transporting, carrying, or conveying discarded materials through the city public right-of-way of the city any .matter offensive to the sight, provided, however, thatExcluding municipal county discarded materials collection or disposal contractors when serving the municipalities’ county discarded materials collection district, state, or federal institutions or any person in the employ of such governmental agencies, may haul such materials and provided no loss occurs from such vehicles upon the public right-of-way. Nothing shall prevent a producer from hauling his own discarded materials to a designated disposal or processing site.
(b) Exclusive hauler shall have the sole and exclusive right for discarded materials collection services provided for in this code as it relates to all residential areas, to each single-family dwelling, to all multi-family dwelling units, to all commercial, business, industrial, and manufacturing establishments, located within the city boundaries of this city, with the following exceptions:
(1) That wheneverItems source separated at any premises by the generator and donated or sold to other persons, including youth, civic, or charitable organization. a commercial, business, industrial or manufacturing establishment produces discarded material or debris that has resaleable value, it may negotiate with a scavenger company other than the exclusive hauler, for the opportunity of selling these specific items, only if compensated by the scavenger company. The scavenger company providing this service must receive a permit issued by the fire chief or delegated representative and obtain a business license pursuant to Title 5 of this Code.
(2) Recyclable materials and organic materials other than edible food that have been source separated from solid waste by a premises and that: (1) premises sells or donates to any other person, provided that there is no net payment made by the premises to such other person; or, (2) have a value of equal to or
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more than the cost of collection. In those cases where a commercial, business, industrial or manufacturing establishment can show to the satisfaction of the fire chief or delegated representative that the exclusive hauler under contract with the city cannot provide the necessary service required by said establishment, the fire chief may grant a permit for a scavenger company other than the exclusive hauler to provide service to the establishment. Scavenger company requesting this permit must also obtain a business license pursuant to Title 5 of this Code.
(3) Commercial business owner or resident may collection and transport discarded materials for processing generated in or on their own premises with their own vehicle. However, the owner or resident shall be required to subscribe to and pay for the minimum required level of discarded materials collection service provided by the exclusive hauler.
(4) Edible food that is collected from a generator by other person(s), such as a person from a food recovery organization or food recovery service, for the purposes of food recovery, or that is transported by the generator to another person(s), such as a person from a food recovery organization, for the purposes of food recovery, regardless of whether the generator donates, sells, or pays a fee to the other person(s) to collect or receive the edible food from the generator.
(5) Food scraps that are separated by the generator and used by the generator or distributed to other person(s) for lawful use as animal feed, in accordance with 14 CCR Section 18983.1(b)(7). Food scraps intended for animal feed may be self-hauled by generator or hauled by another party.
(6) Containers delivered for recycling under the California Beverage Container Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code.
(7) Discarded materials removed from a premises by a contractor (e.g., gardener, landscaper, tree-trimming service, construction contractor, residential clean-out service) as an incidental part of the service being performed, rather than as a separately contracted or subcontracted hauling service; or if such contractor is providing a service that is not provided by the exclusive hauler. (8) Organic materials composted on a residential premises or otherwise legally managed at the site where they are generated or at a community composting site.
(9) Animal waste and remains from slaughterhouse or butcher shops, or grease. (10) By-products of sewage treatment, including sludge, sludge ash, grit, and screenings.
(11) Excluded materials regardless of their source.
(12) Materials generated by State and county facilities located in the city, including but not limited to public schools, provided that the facility self-hauls, has
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arranged services with other persons, or has arranged services with the contractor through a separate agreement.
(c) No person shall collect C&D debris produced, kept, or accumulated within the city, unless such person holds a valid and current contract with the regional agency or is an agent or employee of the city acting within the course and scope of their employment.
6.04.140 Placing for collection.
(a) The exclusive hauler shall collect and remove, from all places and premises in the city, all discarded materials that are contained in a receptacle container of the type or kind prescribed by this chapter, that are accessible to the exclusive hauler as prescribed in the agreement entered into by the exclusive hauler and the regional agency., located no more than five feet from face of curb or curb line of a public right-of-way or private alley accessible to the exclusive hauler for residential generators.
(b) All C&D debris shall be containedrized in roll-off containers. Such containers shall be kept in a suitable location upon such premises, readily accessible to the collector. C&D debris containers shall not be placed on a public right-of-way or private alley except when approved by the city.
6.04.160 Establishment of transfer site.
(a) The council is authorized to acquire and/or establish a transfer site and to establish by resolution, rules and regulations for operation and a schedule of charges for the use of the transfer site. The council may contract for the operation of a transfer site for any terms considered beneficial to the city.
6.04.170 Use of transfer site.
(a) No person other than the contractorhauler, a self-hauler, or employees of the city, acting within the scope of their employment or as provided in this chapter, shall carry, transport, deliver, or deposit any discarded materials in any transfer site which that the city may establish. All discarding of material shall be in accordance with the instructions of the person supervising such a transfer site.
6.04.180 Responsible officer.
(a) The fire chief shall be responsible for the supervision of the transfer site and shall see that all provisions of any contract are complied with.
6.04.190 Recyclable materials-donation or sale.
(a) Nothing in this chapter shall limit the right of any person to donate or sell of his/her recyclable materials.
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6.04.20160 Single-family requirements.
(a) Owner, occupant, or property manager of single-family premises, except those that that meet the self-hauler requirements in this chapter shall subscribe to the regional agency's discarded materials collection services for all recyclable materials, organic materials, and solid waste generated as described below in Section 6.04.200(b).
City, its designee, or regional agency shall have the right to review the number and size of a recyclable materials containers, organic materials containers, and solid waste containers to evaluate adequacy of capacity, to avoid overage, provided for each type of collection service for proper separation of discarded materials and containment of materials; and, owner, occupant, or property manager of single- family premises shall adjust its service level for its collection services as requested by the city, its designee, or regional agency. Owner, occupant, or property manager may additionally manage their discarded materials by preventing or reducing their discarded materials, by managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(b) Generators shall participate in the regional agency's discarded materials collection service(s) by placing designated materials in designated containers as described below, and shall not place prohibited container contaminants in collection containers.
(c) Generators shall place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste container.
Generators shall not place materials designated for the solid waste container into the recyclable materials container or organic materials container.
6.04.2170 Commercial and multi-family requirements.
(a) Commercial businesses and multi-family residential dwellings shall comply with the following requirements:
(1) Subscribe to regional agency's discarded materials collection services and comply with requirements of those services as described in this chapter, except commercial businesses and multi-family residential dwellings that meet the self-hauler requirements in this chapter. City, its designee, or regional agency shall have the right to review the number and size of a commercial business's or multi-family residential dwellings' discarded materials containers and frequency of collection to evaluate adequacy of capacity, to avoid overage, provided for each type of collection service for proper separation of discarded materials and containment of materials; and, owner, occupant, or property manager of commercial businesses and multi-family residential dwellings shall adjust their service level for their collection services as requested determined by the city, its designee, or regional agency. If the commercial businesses and multi-family residential dwellings do not increase their service level as requested by the city, its designee, or regional agency, the city, its designee, or regional agency may require the exclusive hauler to increase their service level
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and bill the commercial businesses and multi-family residential dwellings for the increased service level required to prevent overages. (2) Except commercial businesses and multi-family residential dwellings that meet the self-hauler requirements in this chapter, participate in the regional agency's discarded materials collection service(s) by placing designated materials in designated containers. Commercial and multi-family generators shall place source separated organic materials, including food waste, in the organic materials container; source separated recyclable materials in the recyclable materials container; and solid waste in the solid waste containers. Generators shall not place materials designated for the solid waste container into the organic materials container or recyclable materials container. (3) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with Sections
6.04.210b(1)(i) and b(1)(ii)) for employees, exclusive haulers, tenants, and customers, consistent with regional agency's discarded materials collection service or, if self-hauling, in a manner to support its compliance with its self- haul program, in accordance with this chapter.
(4) Annually provide information to employees, exclusive haulers, tenants, and customers about organic waste recovery requirements and proper sorting of source separated materials.
(5) Provide education information before or within fourteen days of occupation of the premises to new tenants that describes requirements to keep source separated materials and separate from solid waste and the location of containers and the rules governing their use at each property. (6) Provide or arrange access for city, its designee, or regional agency to their properties during all iInspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter. (7) Accommodate and cooperate with city's, its designee's, or regional agency's remote monitoring program for Iinspection of the contents of containers for prohibited container contaminants, which may be implemented at a later date, to evaluate generator's compliance with this chapter. The remote monitoring program shall involve installation of remote monitoring equipment on or in the discarded materials containers.
(8) At commercial business's or multi-family residential dwelling's option and subject to any approval required from the city, its designee, or regional agency, implement a remote monitoring program for Inspection inspection of the contents of its discarded materials containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify prohibited container contaminants. Generators may install remote monitoring devices on or in the discarded materials containers subject to written notification to or approval by the city, its designee, or regional agency. (9) If a commercial business or multi-family residential dwelling wants to self-haul, meet the self-hauler requirements in Section 6.02.260 of this chapter.
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(b) Commercial businesses shall also comply with the following requirements:
(1) Provide containers for the collection of source separated materials in all indoor and outdoor areas where containers for solid waste are provided for customers, for materials generated by that commercial business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the commercial business does not have to provide that particular container in all areas where solid waste containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the commercial business shall have either:
(i) A body or lid that conforms with the container colors provided through the collection service agreement provided bybetween the city’s regional agency and the exclusive hauler, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (ii) Existing containers shall be clearly marked with educational signage indicating the appropriate discarded material types to be placed in each container in accordance with requirements of the regional agency's collection program. Commencing March 1, 2024, new containers shall have container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container pursuant 14 CCR Sections 18984.8 and 18984.9.
(2) To the extent practical through education, training, Inspection, and/or other measures, shall prohibit employees from placing discarded materials in a container not designated for those materials per the regional agency's separated source and solid waste collection service or, if self-hauling, in a manner to support its compliance with its self-haul program, in accordance with this chapter.
(3) Periodically inspect separated source and solid waste containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(4) For commercial businesses that are tier one or tier two commercial edible food generators, comply with food recovery requirements in this chapter.
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(c) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
6.04.22180 Waivers for residential and commercial generators. (a) De minimis waivers. The city or regional agency may waive a commercial business' or multi-family residential dwellings' obligation to comply with some or all of the source separated material requirements of this chapter if the commercial business or multi-family residential dwellings provides documentation that it generates below a certain amount of recyclable materials and organic materials, as described below.
Commercial businesses or multi-family residential dwellings requesting a de minimis waiver shall:
(1) Submit an application to the city, or regional agency specifying the services that they are requesting a waiver from and provide documentation as noted below.
(2) Provide documentation that either:
(A) The commercial business' or multi-family residential dwellings' total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a recyclable materials container and/or organic materials container comprises less than twenty gallons per week per applicable container of the commercial business's or multi-family residential dwellings' total waste; or,
(B) The commercial business' or multi-family residential dwellings' total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a recyclable materials container and/or organic materials comprises less than ten gallons per week per applicable container of the commercial business's or multi-family residential dwellings' total waste.
(3) Notify city or regional agency if circumstances change such that commercial business's or multi-family residential dwelling's organic waste exceeds threshold required for waiver, in which case waiver will be rescinded. (4) Provide written verification of eligibility for de minimis waiver every five years or other interval deemed appropriate by the city or regional agency for special circumstances, if city or regional agency has approved de minimis waiver. (5) Pay any applicable application fee, which may be established by resolution of the city council or regional agency.
(b) Physical space waivers. The city or regional agency may waive a commercial business's or multi-family residential dwelling's or property owner's obligations to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, the regional agency's exclusive hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this chapter.
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A commercial business or multi-family residential dwelling owner or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for recyclable materials containers and/or organic materials containers including documentation from its exclusive hauler, licensed architect, or licensed engineer.
(3) Provide written verification to city or regional agency that it is still eligible for physical space waiver every five years or other interval deemed appropriate by the city or regional agency for special circumstances, if city or regional agency has approved application for a physical space waiver.
(4) Pay any applicable application fee, which may be established by resolution of the city council or regional agency.
(c) The city and regional agency shall be responsible for review and determination of any waiver submitted for approval.
6.04.23190 - Commercial edible food generators requirements.
6.04.24200 - Requirements for food recovery organizations and services.
6.04.25210 Hauler and facility operator requirements.
(a) Requirements for haulers.
(1) The exclusive hauler providing discarded materials collection for single-family, multi-family residential dwellings, and commercial recyclable materials, organic waste, C&D, and solid waste collection services to generators within the city's boundaries shall meet the following requirements and standards:
(A) Transport: (i) source separated recyclable materials to a facility that recovers recyclable materials; (ii) transport source separated organic materials to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2; and (iii) solid waste to a disposal facility; and all facilities shall be approved by the regional agency through the exclusive hauler's collection agreement with the regional agency.
(2) The exclusive hauler authorized to collect source separated materials and solid waste shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement entered into by the exclusive hauler and the regional agency.
(3) The C&D hauler providing C&D collection services to generators within the city’s boundaries shall comply with all requirements contained within its agreement entered into by the C&D hauler and regional agency.
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(b) Requirements for facility operators and community composting operations. Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon city or regional agency request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city or regional agency shall respond within sixty days.
6.04.26220 Self-hauler requirements.
(a) Self-haulers shall source separate all materials in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste that is mixed with solid waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3.
(b) Self-haulers shall haul their source separated materials to facilities that recover those materials. Alternatively, self-haulers may haul organic waste that is mixed with solid waste to a high diversion organic waste processing facility. (c) Self-haulers that are owners or property managers of commercial businesses and multi-family residential dwellings shall keep a record of the amount of recyclable materials and organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers recyclable materials and/or organic waste. This record shall be subject to Iinspection by the city, its designee, or regional agency. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the recyclable materials, organic waste, or solid waste.
(2) The amount of discarded material in cubic yards or tons transported by the generator to each entity.
(3) If the discarded material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self- hauler is not required to record the weight of material but shall keep a record of the entities that received the recyclable materials, organic waste, or solid waste.
(d) Self-haulers that are owners or property managers of commercial businesses and multi-family self-haulers shall provide information collected in 6.04.260(c) to city, its designee, or regional agency, if requested.
(e) A single-family generator that self-hauls recyclable materials, organic waste, or solid waste is not required to record or report information in 6.04.260(c) and (d).
6.04.27230 Inspections and investigations by city.
(a) The enforcement entity is authorized to conduct iInspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for discarded materials collected from
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generators, or source separated materials to confirm compliance with this chapter by single-family generators, commercial businesses, multi-family residential dwellings, property owners, commercial edible food generators, haulers, self- haulers, food recovery services, and food recovery organizations, and other entities regulated hereunder subject to applicable laws. This section does not allow the enforcement entity to enter the interior of a private residential property for iInspection. For the purposes of inspecting commercial business and multi-family residential dwellings containers for compliance of this chapter, city may conduct container inspections for prohibited container contaminants using remote monitoring, and commercial businesses and multi-family residential dwellings shall accommodate and cooperate, if applicable, with the remote monitoring pursuant to this chapter.
(b) Regulated entity shall provide or arrange for access during all iInspections (with the exception of residential property interiors) and shall cooperate with the enforcement entity's employee during such iInspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this chapter described herein. Failure to provide or arrange for: (i) access to an entity's premises; (ii) installation and operation of remote monitoring equipment; or (iii) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described.
(c) Any records obtained during iInspections, remote monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (d) The enforcement entity shall receive written complaints from persons regarding an entity that may be potentially non-compliant with this chapter, including receipt of anonymous complaints.
6.04.28240 Enforcement.
(a) Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The responsible entity for enforcement may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The enforcement entity may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of entity's resources.
(b) Responsible entity for enforcement.
(1) Enforcement pursuant to this chapter may be undertaken by the city enforcement official, regional agency enforcement official, county agency enforcement official, designee, or combination thereof, as defined in this chapter.
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(A) The enforcement entity will interpret this chapter; determine the applicability of waivers, if violation(s) have occurred; implement enforcement actions; and, determine if compliance standards are met. (B) The enforcement entity's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter.
(c) Process for enforcement.
(1) The enforcement entity and exclusive hauler will monitor compliance with the chapter randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program (that may include remote monitoring). This chapter establishes city's right to authorize or conduct inspections and investigations.
(2) The enforcement entity may issue an official notification to notify regulated entities of its obligations under this chapter.
(3) For incidences of prohibited container contaminants found in containers, the enforcement entity will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the prohibited container. If the enforcement entity or exclusive hauler observes prohibited container contaminants in a generator's containers on more than three consecutive occasion(s), the enforcement entity or exclusive hauler may assess contamination processing fees or contamination penalties on the generator.
(4) With the exception of violations of generator contamination of container contents addressed under 6.04.280(c)(3), the enforcement entity shall issue a notice of violation requiring compliance within sixty days of issuance of the notice.
(5) Absent compliance by the respondent within the deadline set forth in the notice of violation, the enforcement entity shall commence an action to impose penalties, via an administrative citation and fine, pursuant to the city's municipal code, Chapter 6.10.180 administrative penalties and procedures.
Notices shall be sent to "owner" at the official address of the owner maintained by the tax collector for the city or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party responsible for paying for the collection services, depending upon available information. (d) Penalty amounts for types of violation. The penalty levels follow city municipal code, chapter 6.10.180 administrative penalties and procedures. (e) Compliance deadline extension considerations. The enforcement entity may extend the compliance deadlines set forth in a notice of violation if it finds that there are
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extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or,
(3) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(f) Appeals process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is consistent with city's procedures in the city municipal code, Chapter 6.10.
(g) Education period for non-compliance. Beginning January 1, 2022 and through December 31, 2023, the enforcement entity will conduct inspections, remote monitoring, route reviews or waste evaluations, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the enforcement entity determines that organic waste generator, self-hauler, hauler, tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required by January 1, 2022 and that violations may be subject to administrative civil penalties starting on January 1, 2024.
(h) Civil penalties for non-compliance. Beginning January 1, 2024, if the enforcement entity determines that an organic waste generator, self-hauler, hauler, tier one or tier two commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this chapter, as needed.
SECTION TWO: Chapter 6.12 of the Campbell Municipal Code is hereby amended to read as follow:
6.12.010 Definitions.
For purposes of this chapter, the following definitions apply:
“Approved C&D processing facility” means any of the facilities, used to process C&D, which have been approved by the regional agency.
"Construction and demolition debris" or “C&D” means discarded building materials, packaging, debris, and rubble resulting from construction, alteration, remodeling, repair or demolition operations on any pavements, excavation projects, houses, commercial buildings, or other structures, excluding excluded materials and universal waste. C&D debris includes rocks, soils, tree remains, and other yard trimmings that result from land clearing or land development operations in preparation for construction. Discarded
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materials generally considered to be not water soluble and non-hazardous in nature, including but not limited to steel, copper, aluminum, glass, brick, concrete, asphalt arterial, pipe, gypsum, wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure and/or landscaping, including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing, landscaping and development operations for a construction project;
(2) Remnants of new materials, including but not limited to: cardboard, paper, plastic, wood, and metal scraps from any construction and/or landscape project. "Contractor" means any person or entity holding, or required to hold, a contractor's license of any type under the laws of the state of California, or who performs (whether as contractor, subcontractor, owner-builder, or otherwise) any construction, demolition, remodeling, renovation, or landscaping service relating to buildings or accessory structures in the city of Campbell.
"Covered project" means and includes any project for new construction, building renovation, remodel, addition or alternations and demolition projects that meet California Green Building Standards Code, 24 CCR, Part 11 (CALGreen) requirements.which that meets the thresholds set forth in section 6.12.020. consists of one or more of the following:
Demolition of five hundred square feet or more, and renovation, remodel or addition to an existing structure, or the construction of a new structure, greater than two thousand square feet, or where the valuation of the work exceeds two hundred fifty thousand dollars, as determined by the building official. "Designated recyclable and reusable materials" means and includes:
(1) Inert solids, including asphalt, concrete, rock, stone, brick, sand, soil and fines; (2) Wood materials; including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted;
(3) Vegetative materials, including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site for construction or other use;
(4) Metals, including all metal scrap such as, but not limited to, pipes, siding, window frames, door frames and fences;
(5) Roofing materials including wood shingles and shakes as well as asphalt, stone and slate based roofing material;
(6) Salvageable materials and structures, including, but not limited to doors, windows, fixtures, hardwood flooring, sinks, bathtubs and appliances. "Regional agency enforcement official" means a designated enforcement official from the regional agency or other regional or county agency, designated by the city with responsibility for enforcing the chapter in conjunction or consultation with city enforcement official.
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"Salvage" means the controlled removal of C&D debris materials from a covered project, for the purpose of reuse or storage for later reuse; "Structure" means anything constructed or erected.
6.12.030 - Diversion requirementsRequirement to divert C&D debris.
This section sets forth that all covered projects must comply with the following provisions of the most current California Green Building Standards Code (CALGreen) Sections:
(a) 4.408.1 Construction Waste Management Residential (recycling requirements) (b) 5.408.1 Construction Waste Management Non-Residential (recycling requirements) (c) 5.408.2 Diversion by Waste Management Non-Residential (universal waste diversion requirements)
6.12.040 Approved C&D processing facilities.
(a) The regional agency is authorized to designate and approve C&D processing facilities. The regional agency shall issue an approval only if the owner or operator of the facility submits documentation satisfactory to
the regional agency and shall obtain third party certification for mixed C&D processing. (b) C&D processing facilities shall, as a condition of their approval, agree to terms and conditions set forth by the regional agency.
6.12.0540 Declaration of intent.
(a) Applicants for construction, demolition or other development permits for projects under this chapter shall execute a declaration of intent to recycle construction and demolition debris for a covered project at the required rate set by California's Green Building Standards Code.
6.12.0650 Administrative fee.
6.12.0760 Reporting.
(a) No later than thirty days following the completion of a demolition project or construction projectcovered project, the contractor shall, as a condition of final approval and for issuance of any certificate of occupancy, certify construction and demolitionC&D debris was recycled at the diversion rate set by California's Green Building Standard Code and requirement set forth in section 6.12.030 and submit documentation to department of public works that demonstrates compliance with the requirements of this chapter.
(b) The documentation shall be submitted in a form consistent with city requirements and consist of photocopies of receipts and weight tags or other records of measurement or equivalent documentation from recycling and processing companies, deconstruction contractors, and landfill and disposal companies approved by the regional agency.
(c) Progress reports during construction may be required.
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Attachment: Chapters 6.04 & 6.12 Ordinance_final redline (Introduction of Ordinance Amending Chapters 6.04 and 6.12 of the City of
(d) All documentation submitted pursuant to this section is subject to verification by city.
(e) It is unlawful for any person to submit documentation to city under this section which that a person knows to contain any false statements, including but not limited to false statements regarding tonnage of materials recycled or diverted, or to submit any false or fraudulent receipt of weight tags or other record of measurement.
6.12.0870 Violation a misdemeanor.
6.12.0980 Responsible party.
6.12.010 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof.
The city and regional agency hereby declare that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. To this end, the provisions of this ordinance are declared severable.
THEREFORE, BE IT RESOLVED that the City Council adopts an Ordinance amending chapters 6.04 and 6.12 of the City of Campbell municipal code to implement updated construction and demolition program requirements.
PASSED AND ADOPTED this __ day of ______, 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAINED: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:______________________________
Susan M. Landry, Mayor
ATTEST:______________________________
Andrea Sanders, City Clerk
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Attachment: Chapters 6.04 & 6.12 Ordinance_final redline (Introduction of Ordinance Amending Chapters 6.04 and 6.12 of the City of City
Council
Report
TITLE: City Council Authorizing the Issuance of a Request for Qualifications (RFQ) for Materials Testing On -Call Services; Approving and Awarding a Contract to the Most Qualified Consultant; and Authorizing the Public Works Director to Negotiate the Terms of the Consultant Services Agreement, and the City Manager to Execute Said Agreement (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution authorizing the issuance of a Request for Qualifications (RFQ) for Materials Testing On -Call Services; approving and awarding a contract to the most qualified consultant, in an amount not -to-exceed $300,000 for an initial term of three years with the option to extend the term for an additional two years at $200,000 for a total term of five years with a cumulative not -to-exceed amount of $500,000; and, authorize the Public Works Director to negotiate the initial terms of the Consultant Services Agreement and any amendments thereafter, and the City Manager to execute said agreement and amendments.
BACKGROUND
Materials testing is used to provide quality assurance, soils and construction materials sampling, testing, and laboratory services for projects under design and/or construction and is performed in accordance with the City’s Quality Assurance Program to ensure compliance with standard plans and specifications . For most projects, the materials testing needs involve extraction of material samples (soil, asphalt, concrete, etc.) from plants and/or project sites, performing laboratory tests and analyses to determine the strength and durability of the materials, and generating reports based on the test results.
All sampling and testing must be performed by a laboratory certified in accordance with procedures established by Caltrans Testing Methods (CTM), or a national recognized standard such as, American Association of State Highway and Transportation Officials (AASHTO), or American Society for Testing and Materials (ASTM), etc. Scope and cost of materials testing services differ from project to project depending on the type and requirements of the project. For instance, a street resurfacing project typically r equires sampling and testing of hot mix asphalt both from the asphalt plant and from the construction site. Or for projects involving concrete work, the materials testing consists of gathering samples of concrete at the project sites. Samples are tested and analyzed Item: 15
Category: NEW BUSINESS
Meeting Date: February 6, 2024
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in certified material testing laboratories using specialized equipment by certified personnel with appropriate training. An example is the use of field nuclear gauge compaction tests equipment on asphalt, aggregate base, subgrade, and other related materials before and during the installation of those materials. Other projects involving metal products require field testing of welds, bolted connections, special materials analysis & evaluation. The City does not have the capability nor resources to perform these materials testing services in -house, therefore, must rely on qualified consultants to provide such services.
In November of 2018, the City Council authorized staff to proceed with acquiring materials testing services by issuance of a Request for Qualifications (RFQ) that adhered to federal grant guidelines as established by Caltrans Local Assistance Procedure Manual (LAPM). This ensured any qualifying expenditure funded by federal/state grants remained eligible for reimbursement. With this approach, the selected materials testing consultant could provide services to projects with or without federal/state grant funds.
On May 17, 2019, the City entered into an on -call agreement with RMA Group (RMA) for a term of three years with a not -to-exceed total amount of $250,000. On April 5, 2022, the City Council amended the agreement via Resolution 12814, extending the term of the original contract for an additional two years and increasing the not-to-exceed amount from $250,000 to a total amount of $500,000. To date, approximately $467,000 of the contract has been expended for materials testing to support eleven projects namely the Annual Street Maintenance Projects, Eden Avenue Sidewalk Improvement, Harriet Avenue Traffic Calming Project, Campbell Park Improvement Project, and John D. Morgan Park All-Inclusive Playground Project, and others. The five-year service term with RMA will expire on May 16, 2024. As the LAPM limits consultant service agreements to a maximum term of five years and to ensure uninterrupted materials testing services are available, a new contract is currently required.
DISCUSSION
To determine the materials testing needs for the next three to five years, the adopted FY2024-28 CIP provides an indication of funded projects requiring materials testing services. These projects include the Hamilton Avenue Resurfacing, Annual Street Maintenance, John D. Morgan Park Budd Avenue Side Restroom Replacement, and Pruneyard Creek Trail Extension, etc. For the first three years, the cost of materials testing services is estimated at approximately $300,000, roughly $100,000 per year with variance based on the number of task orders issued per year. It is anticipated that materials testing services will be necessary beyond the three years. However, staff recommends engaging the consultant initially for a three -year term and should the performance satisfy the scope of services, have the option to extend for an additional two years for a maximum cumulative five -year term, not to exceed the federally allowable term limit for service agreements.
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As the City continues to pursue future grant funding opportunities for projects, and to plan for future needs, the procurement of services should comply with federal procurement requirements. This way, the agreement in place will not only serve locally funded projects but also those with federal/state grant funds because the federal procurement process was followed.
Like the current consultant agreement with RMA, staff proposes to continue with an on - call services agreement approach to allow the flexibility to utilize materials testing services on an as -needed basis with terms under one service agreement. An on -call service agreement allows for efficiencies to begin materials testing services when needed without having to go through the lengthy procurement process for each project, especially for those with federal/state grant funds. As materials testing needs arise from individual projects, staff will request cost proposals from the consultant under contract based on specific testing needs. Once the scope and cost are agreed, a task order will be issued for the work. A purchase order will then be generated to be funded by the associated project.
As mentioned earlier, the current on -call agreement with RMA will expire in May of this year. To ensure uninterrupted materials testing services by a qualified materials testing consultant and to remain compliant with federal guidelines, staff is requesting that the City Council authorize the issuance of a Request for Qualifications (RFQ) for Materials Testing On -Call Services; approve and award a contract to the most qualified consultant, in an amount not -to-exceed $300,000 for an initial term of three years with the option to extend the term for an additional two years at $200,000 for a total term of five years with a cumulative not -to-exceed amount of $500,000; and, authorize the Public Works Director to negotiate the initial terms of the Consultant Services Agreement and any amendments thereafter, and the City Manager to Execute said agreement and amendments.
FISCAL IMPACT
Materials testing services to be provided by the consultant under contract with the City will be performed under individual purchase orders funded by the associated projects.
ALTERNATIVES
Do not approve the RFQ and direct staff to prepare separate RFQs for individual projects.
Prepared by:
Amy Olay, City Engineer
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Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Materials Testing RFQ 2024
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FOR MATERIALS TESTING ON-CALL SERVICES; APPROVING AND AWARDING A CONTRACT TO THE MOST QUALIFIED CONSULTANT; AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO NEGOTIATE
THE TERMS OF THE CONSULTANT SERVICES AGREEMENT, AND THE CITY MANAGER TO
EXECUTE SAID AGREEMENT
WHEREAS, materials testing is used to provide quality assurance, soils and construction materials sampling, testing, and laboratory services for projects under design and/or construction and is performed in accordance with the City’s Quality Assurance Program to ensure compliance with standard plans and specifications; and
WHEREAS, all sampling and testing must be performed by a certified laboratory in accordance with procedures established by Caltrans Testing Methods (CTM), or a national recognized standard such as, American Association of State Highway and Transportation Officials (AASHTO), or American Society for Testing and Materials (ASTM), etc.; and
WHEREAS, scope and cost of materials testing services differ from project to project depending on the type and requirements of the project; and
WHEREAS, samples are tested and analyzed in certified material testing laboratories using specialized equipment by certified personnel with appropriate training; and WHEREAS, the City does not have the capability nor resources to perform these materials testing services in-house, therefore, must rely on qualified consultants to provide such services; and WHEREAS, on May 17, 2019, the City entered into an on-call agreement with RMA Group (RMA) for a term of three years with a not-to-exceed total amount of $250,000; and WHEREAS, on April 5, 2022, the City Council amended the agreement via Resolution 12814, extending the term of the original contract for an additional two years and increasing the not -to-exceed amount from $250,000 to a total amount of $500,000; and
WHEREAS, to date, approximately $467,000 of the contract has been expended for materials testing to support eleven projects; and
WHEREAS, the five-year service agreement term with RMA will expire on May 16, 2024; and WHEREAS, the Caltrans ’ Local Assistance Procedures Manual (LAPM) limits consultant service agreements to a maximum term of five years and to ensure uninterrupted materials testing services are available, a new contract is currently required; and
WHEREAS, to determine the materials testing needs for the next three to five years, the adopted FY2024- 28 CIP provides an indication of funded projects requiring materials testing services; and WHEREAS, for the first three years, the cost of materials testing services is estimated at approximately $300,000, roughly $100,000 per year with variance based on the number of task orders issued per year; and
WHEREAS, it is anticipated that materials testing services will be necessary beyond the three years; and WHEREAS, staff recommends engaging the consultant initially for a three -year term and should the performance satisfy the scope of services, have the option to extend for an additional two years for a
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Attachment: Resolution (RFQ On-Call Materials Testing) maximum cumulative five-year term, not to exceed the federally allowable term limit for service agreements; and
WHEREAS, the agreement in place will not only serve locally funded projects but also those with federal/state grant funds because the federal procurement process was followed; and WHEREAS, an on-call service agreement allows for efficiencies to begin materials testing services when needed without having to go through the lengthy procurement process for each project, especially for those with federal/state grant funds; and
WHEREAS, materials testing services to be provided by the consultant under contract with the City will be performed under individual purchase orders funded by the associated projects.
NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Campbell hereby authorizes the issuance of a Request for Qualifications (RFQ) for Materials Testing On -Call Services; approves and awards a contract to the most qualified consultant, in an amount not-to-exceed $300,000 for an initial term of three years with the option to extend the term for an additional two years at $200,000 for a total term of five years with a cumulative not-to-exceed amount of $500,000; and, authorizes the Public Works Director to negotiate the initial terms of the Consultant Services Agreement and any amendments thereafter, and the City Manager to Execute said agreement and amendments.
PASSED AND ADOPTED this _____th day of ________, 2024, by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
APPROVED:
_________________________________
Susan M. Landry, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk
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Attachment: doc03475420240131170415 (RFQ On-Call Materials Testing) 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 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
West Valley Mayors and Managers
DCBA Liaison
Santa Clara County Housing and Community Development Advisory Committee Santa Clara Valley Water District County Water Commission Santa Clara County Library District JPA Board of Directors Cities Association of Santa Clara County - City Selection Committee Friends of the Heritage Theater Liaison (Alt.)
West Valley Clean Water JPA (Alt.)
West Valley Solid Waste Authority JPA (Alt.)
VICE MAYOR LOPEZ
City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Economic Development Subcommittee
Finance Subcommittee
Legislative Subcommittee
Silicon Valley Clean Energy Finance and Audit Committee Item: 16
Category: COUNCIL COMMITTEE
REPORTS
Meeting Date: February 6, 2024
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Council Committee Reports Page 2 of 3
Bay Area Quality Management District Board of Directors** League of Cities Peninsula Division Executive Committee** Valley Transportation Authority Board of Directors**
West Valley Mayors and Managers (Alt.)
Cities Association of Santa Clara County:
Board Representative (Alt.)
Legislative Action Committee and City Selection Committee (Alt.) Silicon Valley Clean Energy JPA Board of Directors (Alt.) West Valley Sanitation District (Alt.)
COUNCILMEMBER BYBEE:
Finance Subcommittee
Legislative Subcommittee
Cities Association of Santa Clara County:
Board Representative
Legislative Action Committee
Silicon Valley Animal Control Authority Board (SVACA)
Silicon Valley Clean Energy JPA Board of Directors
Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) West Valley Sanitation District (Alt.)
COUNCILMEMBER FURTADO
Advisory Commissioner Appointment Interview Committee
West Valley Clean Water JPA
West Valley Sanitation District
West Valley Solid Waste Authority JPA
Association of Bay Area Governments (ABAG)
Silicon Valley Regional Interoperability Authority (SVRIA) Santa Clara County Emergency Operational Council (EOAC)** Association of Bay Area Governments (ABAG) Executive Board** - Pending vote on 2/8 Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.)
COUNCILMEMBER SCOZZOLA
Campbell Historical Museum & Ainsley House Foundation Liaison Friends of the Heritage Theater Liaison
Education Subcommittee
Silicon Valley Clean Energy JPA Board of Directors
Valley Transportation Authority Policy Advisory Board
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Council Committee Reports Page 3 of 3
Santa Clara Valley Water District: County Water Commission (Alt.) DCBA Liaison (Alt.)
Santa Clara County Housing and Community Development Advisory Committee (Alt.) Santa Clara County Library District JPA Board of Directors (Alt.) Association of Bay Area Governments (Alt.)
**appointed by other agencies
Prepared by:
Kristen Epolite, Deputy City Clerk
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