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 20, 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
1. Present Certificates of Recognition to the STEM Winners of the Santa Clara Valley Science and Engineering Fair Association (SCVSEFA) 2023 Synopsis Championship Science Fair.
Recommended Action: That the City Council recognize the Campbell student winners of the Santa Clara County 2023 Synopsis Championship Science Fair.
COMMUNICATIONS AND PETITIONS
ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.
COUNCIL ANNOUNCEMENTS
CONSENT CALENDAR
NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of City Council, City staff, or a member of the public.
Any person wishing to speak on any item on the consent calendar should ask to have the item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.
2. Minutes of City Council Regular Meeting of February 6, 2024 Recommended Action: Approve the regular meeting minutes of February 6, 2024
3. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $3,859,691.51
4. Monthly Investment Transactions Report (January 2024) Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for January 2024.
5. 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.
6. Award a Contract with Rincon Consultants for the Development of the Climate Action and Adaptation Plan (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution approving and awarding a contract, and authorizing the City Manager to execute the contract, with Rincon Consultants for the development of the Climate Action and Adaptation Plan in the amount of $300,000.
7. Second Reading of Ordinance 2303 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 take second reading and adopt Ordinance 2303 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.
8. Approve Contract Amendment with CSG Consultants for Code Enforcement Services, Dispense with Bidding Requirements Under Section
3.20.030(4) of the Campbell Municipal Code (CMC), and Approve a Corresponding Budget Adjustment (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution approving a contract amendment with CSG consultants for Code Enforcement services, dispense with bidding requirements under Section 3.20.030(4) of the Campbell Municipal Code (CMC), and authorize a corresponding budget adjustment.
9. Resolution Amending Pay Ranges for Temporary Positions (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution amending pay ranges for temporary positions.
10. Amendment to the Classification and Salary Plan - Emergency Services Coordinator (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution amending the Classification and Salary Plan to include the new classification for Emergency Services Coordinator.
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.
11. Public Hearing to Consider the Request of Sachneel Patel on Behalf of 44 Sunnyside LLC to Allow Construction of a 6 -Lot Detached Single -Family Residential Subdivision, and Related Removal of On -Site "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.
12. Continued 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 Includes a Planned Development Permit Submitted Under an SB-330 Preliminary 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.
13. Public Hearing to Consider the Request of Mike Amini on Behalf of Don Barnetson to Allow a Subdivision from 1 Lot to 2 Lots and Construction of an Approximately 2,032 Square -Foot New Two -Story Single -Family Residence on the Newly Created Lot on Property Located at 189 Sunnyside Avenue. the Application Under Consideration is a Planned Development Permit and Tentative Map Submitted Under an SB -330 Preliminary Application Filed in Compliance with Government Code § 65941.1. File No.:
PLN-2023-136. (Resolution/Roll Call Vote)
Recommended Action: The Planning Commission recommends that the City Council take the following action: Adopt a resolution approving a Tentative Vesting Subdivision Map and a Planned Development Permit.
NEW BUSINESS
14. Acceptance of Fiscal Year 22/23 Annual Comprehensive Financial Report and Auditor's Written Communication on Internal Controls Recommended Action: That the City Council accept the Fiscal Year 22/23 Annual Comprehensive Financial Report and Auditor’s written communication on internal control structure and the audit process as submitted with this report.
UNFINISHED BUSINESS
COUNCIL COMMITTEE REPORTS
15. 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
Report
TITLE: Present Certificates of Recognition to the STEM Winners of the Santa Clara Valley Science and Engineering Fair Association (SCVSEFA) 2023 Synopsis Championship Science Fair.
RECOMMENDED ACTION
That the City Council recognize the Campbell student winners of the Santa Clara County 2023 Synopsis Championship Science Fair.
BACKGROUND
The mission of the Santa Clara Valley Science and Engineering Fair Association (SCVSEFA) is “ To awaken more students to the wonder and power of Science, Technology, Engineering, and Mathematics (STEM)”.
This is accomplished by holding an annual regional Science and Engineering Fair where hundreds of students and teachers compete for prizes, awards, and scholarships. All of this is achieved through the dedicated efforts and coordination of the many sponsors and professionals who serve as Judges, Teachers, and dedicated Volunteers. The 2023 Fair was held in March 2023.
Through this annual Fair competition, hundreds of the area’s students are challenged to go beyond their classroom studies to do independent project -based research. They work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories. Below is a list of the City of Campbell student residents who participated and won in the 2023 Fair competition:
Manasvini Singh A Better Understanding of Water Consumption Using Machine Learning
Sanskriti Singh
The Segmentation of Lung Anomalies on Chest Radiograph X - rays using Machine Learning
Ellie Zhou What is the effect of different frequencies of noise pollution on the level of mate attraction of Gryllodes sigillatus?
FISCAL IMPACT
There is no fiscal impact associated with this action.
Item: 1
Category: SPECIAL PRESENTATIONS
AND PROCLAMATIONS
Meeting Date: February 20, 2024
1 Packet Pg. 5
SCVSEFA Winners 2023 Page 2 of 2
Prepared by:
Kristen Epolite, Deputy City Clerk
Reviewed by:
Andrea Sanders, City Clerk
Approved by:
Brian Loventhal, City Manager
1 Packet Pg. 6
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, February 6, 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
Elise Habra, Campbell resident, spoke in support of Campbell establishing a rental increase cap for residents.
COUNCIL ANNOUNCEMENTS
2 Packet Pg. 7
Minutes Acceptance: Minutes of Feb 6, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of February 6, 2024 City Council Meeting Page 2 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 AARP Tax Aid Program provides 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. For additional information or to register, please visit campbellca.gov.
For 132 years, Early Settlers & Heritage Day has been a Campbell tradition, and it is now the longest running community celebration in California. The event pays tribute to the history of Campbell and those who pioneered its beginnings. The 2024 celebration is scheduled for Monday, February 19, from 11:00am to 2:00pm at Orchard City Banquet Hall. The guest speaker is Campbell Historical Museum Supervisor, Kerry Perkins. Additional details can be found at the Campbell Chamber of Commerce website.
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.
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 until 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.
Join Valley Water’s diverse network of leaders and advocates willing to serve the community as water ambassadors. Water 101 Academy is a free leadership program that educates and empowers community members to become leaders on local water issues. Application period closes at 5pm on February 23. For more information, please visit valleywater.org.
City offices will be closed on Monday, February 19 in observance of President’s Day.
Police and Emergency Services will remail open to the public.
CONSENT CALENDAR
Mayor Landry asked if anyone wished to remove an item from the Consent Calendar.
Councilmember Bybee commented on items 9 -11, recognizing the completion of three significant projects that were all under budget, therefore allowing almost $60,000 in savings to be put back into the CIP fund.
2 Packet Pg. 8
Minutes Acceptance: Minutes of Feb 6, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of February 6, 2024 City Council Meeting Page 3 The Consent Calendar was considered as follows:
1. Minutes of City Council Executive Session of January 22, 2024 Recommended Action : Approve the executive session meeting minutes of January 22, 2024.
This action approves 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.
This action approves 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.
This action approves 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.
This action approves the bills and claims in the amount of $1,113,274.89 as follows: bills and claims checks dated January 8, 2024, in the amount of $556,906.70; bills and claims checks dated January 15, 2024, in the amount of $524,801.94; and payroll checks dated January 18, 2024, in the amount of $31,566.25.
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.
This action notes and files the Investment Report for the quarter ending December 2023.
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.
This action reviews and accepts 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.
2 Packet Pg. 9
Minutes Acceptance: Minutes of Feb 6, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of February 6, 2024 City Council Meeting Page 4 Ordinance 2302 amends Chapter 2.04.020 of the Campbell Municipal Code regarding Council meeting times and locations and establishes that regular meeting dates or times shall be set by resolution.
Resolution 13106 sets 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.
Resolution 13107 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.
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.
Resolution 13108 accepts the Campbell Community Center Building A HVAC Controls Project No. 24 -AA and directs 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.
Resolution 13109 accepts the Campbell Community Center (CCC) - Heritage Theatre Boiler Replacement Project 24-OO and directs the Public Works Director or designee to file the Notice of Completion.
2 Packet Pg. 10
Minutes Acceptance: Minutes of Feb 6, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of February 6, 2024 City Council Meeting Page 5
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.
Resolution 13110 accepts the City Hall - HVAC Chiller Replacement Project 24 - UU and directs 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.
Resolution 13111 approves 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.
Resolution 13112 authorizes 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.
M/S: Bybee/Furtado – That the City Council approve the Consent Calendar.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Furtado
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
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 2 Packet Pg. 11
Minutes Acceptance: Minutes of Feb 6, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of February 6, 2024 City Council Meeting Page 6 compliance with California’s Green Building Code and implementing new construction and demolition program processes.
This is the time and place for a public hearing to consider 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.
Environmental Programs Specialist Newby presented a staff report dated February 6, 2024.
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.
Councilmember Furtado commented on the new disposal contract with West Valley Collection and Recycling and spoke in support of the ordinance.
After discussion, M/S: Furtado/Scozzola – That the City Council introduce Ordinance 2303 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. The motion was adopted by the following roll call vote RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Scozzola
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
City Clerk Sanders read the full title of Ordinance 2303.
M/S: Furtado/Bybee – That the City Council waive further reading of Ordinance 2303. 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
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 2 Packet Pg. 12
Minutes Acceptance: Minutes of Feb 6, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of February 6, 2024 City Council Meeting Page 7 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.
City Engineer Olay presented a staff report dated February 6, 2024.
Following City Council questions, Mayor Landry asked if anyone wished to speak. There were no public speakers.
After discussion, M/S: Scozzola/Bybee - That the City Council adopt Resolution 13113 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, authorizing 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 . The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
UNFINISHED BUSINESS
There was no unfinished business.
COUNCIL COMMITTEE REPORTS
16. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Councilmember Scozzola attended the Campbell Police Department Promotional ceremony; County Woman’s Club of Campbell Crab and Pasta Dinner fundraiser; and the Education Subcommittee meeting.
Councilmember Furtado attended the Santa Clara County Board of Supervisors meeting; the West Valley Solid Waste Authority meeting; the West Valley Clean Water JPA; and will be attending the upcoming Silicon Valley Regional Interoperability Authority meeting.
2 Packet Pg. 13
Minutes Acceptance: Minutes of Feb 6, 2024 7:30 PM (CONSENT CALENDAR)
Minutes of February 6, 2024 City Council Meeting Page 8 Vice Mayor Lopez attended the City Council/Executive Team Retreat; a retreat with Bay Area Quality Management District; the Santa Clara Valley Transportation Authority (VTA) Board of Directors meeting, adopting their Climate Action Plan; the third anniversary celebration of the Campbell Press, also attended by Councilmembers Scozzola and Furtado; Campbell CERT Kickoff meeting; and participated in a press conference with Mayor Landry, Supervisor Cindy Chavez and the VTA Chair to announce the Winchester Transit-Oriented Development (TOD) 100% Affordable Project.;
Councilmember Bybee attended the Silicon Valley Animal Control Authority (SVACA) meeting and was selected to serve as Chair; the Campbell Police Operations Building Groundbreaking Ceremony; and the Campbell Police Department Promotional ceremony.
Mayor Landry attended the Santa Clara County Library Forum; the Santa Clara County Library District Board of Directors meeting, serving as Chair; the Winchester Transit-Oriented Development (TOD) 100% Affordable Project Event with Community Development Director Rob Eastwood and Housing Program Manager Eloiza Murillo -Garcia in attendance; the Santa Clara Valley Water District County Water Commission meeting; attended the Cities Association Legislator event, with Councilmember Furtado, Assemblymember Marc Be rman and Senator Josh Becker were in attendance at Hewlett Packard; the Education Subcommittee meeting that was attended by Library and City staff representatives; the County Woman’s Club of Campbell Crab and Pasta Dinner fundraiser; the Campbell CERT Kickoff meeting; and the Campbell Police Department Promotional ceremony.
ADJOURN
Mayor Landry adjourned the meeting at 8:17 PM.
APPROVED:
ATTEST:
Susan M. Landry, Mayor
Andrea Sanders, City Clerk
2 Packet Pg. 14
Minutes Acceptance: Minutes of Feb 6, 2024 7:30 PM (CONSENT CALENDAR)
City
Council
Report
TITLE: Approving Bills and Claims
RECOMMENDED ACTION
Approve the bills and claims in the amount of $3,859,691.51
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 22, 2024 $2,670,455.67
Bills & Claims January 29, 2024 $1,189,235.84
Total $3,859,691.51
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: 3
Category: CONSENT CALENDAR
Meeting Date: February 20, 2024
3 Packet Pg. 15
Approving Bills and Claims Page 2 of 2
Approved by:
Brian Loventhal, City Manager
3 Packet Pg. 16
City
Council
Report
TITLE: Monthly Investment Transactions Report (January 2024)
RECOMMENDED ACTION
That the City Council review and accept the Monthly Investment Transactions Report for January 2024.
BACKGROUND
As required by California Government Code (GC) Section 53607, staff will submit to the City Council Monthly Investment Transaction Reports within 45 days of the prior month end that show a listing of investments purchased, sold, called, or that have reached maturity, along with any Local Agency Investment Fund ( LAIF) transfers. This is in addition to the Quarterly Investment Report, which shows a number of other items listed under Section VII.A of the City’s Investment Policy and is also submitted to the City Council within 45 days from the end of the prior quarter.
DISCUSSION
This Monthly Investment Transaction Report covers January 2024. As shown in Attachment A, staff made $7.8 million in deposits along with a $1.1 million withdrawal with the City’s Local Agency Investment Fund (LAIF) account to manage operating expenditures. The monthly LAIF investment rate rose to 4 .012%. $232,000 in Q2 earned interest was posted to the main LAIF account as well as $132,000 and $258,0000 into the LAIF MEAS O bond accounts. $143,000 was withdrawn from the MEAS O 2020 bond account to cover December’s project expenditures. A $1.0 million 30-day CD matured from our BMO account and redeemed back into our cash account , earning $4 ,000 interest. Additionally, a $2.0 million security (FF LB), earning 4.0%, matured from our BNY account . For the month, $139,000 in total investment interest was received from our BNY account into our Wells Fargo cash account as well as the $4,000 in CD interest from our BMO account. Consistent with the recommended FY 2023-24 Investment Strategy approved by the City Council on September 5, 2023 staff continues to watch for moderately long-term investment opportunities outside of LAIF , as interest rates remain high to provide the highest yet still safe returns, consistent with the City’s Investment Policy. Please note that all investment purchases made adhere to the City’s Investment Policy.
Item: 4
Category: CONSENT CALENDAR
Meeting Date: February 20, 2024
4 Packet Pg. 17
Monthly Investment Transactions Report (January 2024) Page 2 of 2
FISCAL IMPACT
There is no fiscal impact associated with the review and acceptance of the Monthly Investment Transactions Report.
Prepared by:
John Formale, Accountant
Reviewed by:
Will Fuentes, Finance Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Monthly Investment Activity Report-1.31.24
4 Packet Pg. 18
CITY OF CAMPBELL
Monthly Investment Transactions Report
January 1 to January 31, 2024
Account Trans. Date Jan 2024
LAIF - ******133, Main account
Average Monthly Yield 4.012%
Beginning Balance 19,664,555$
Transactions
Deposit 01/04/2024 2,100,000
Deposit 01/08/2024 2,100,000
Deposit 01/09/2024 1,500,000
Quarterly Interest (Q2) 01/12/2024 231,555
Withdrawal 01/16/2024 (1,100,000)
Deposit 01/29/2024 2,100,000
Monthly Total 6,931,555
Ending Balance 26,596,110$
Account Trans. Date Jan 2024
LAIF - ******031, MEAS O, Series 2020
Average Monthly Yield 4.012%
Beginning Balance 16,065,000
Transactions
Quarterly Interest (Q2) 01/12/2024 132,149
Principal drawdown- MEAS O December expenditures 01/17/2024 (143,000) Monthly Total (10,851)
Ending Balance 16,054,149$
Account Trans. Date Jan 2024
LAIF - ******032, MEAS O, Series 2022
Average Monthly Yield 4.012%
Beginning Balance 31,436,000
Transactions
Quarterly Interest (Q2) 01/12/2024 257,882
Monthly Total 257,882
Ending Balance 31,693,882$
Account*** Trans. Date Jan 2024
Bank of Montreal (BMO) Certificates of Deposit******369 1,000,000 Transactions
CD interest earned, 1 month 01/17/2024 4,001
CD redemption 01/17/2024 (1,004,001)
Monthly Total (1,000,000)
Ending Balance 0$
Account*** Trans. Date Jan 2024
Bank of New York (BNY) - ******818
Beginning Balance 24,999,860$
Transactions
Invest. Maturity - FFLB (4.00% Yield (step-up); 1.00 Yr,6 mos) 01/25/2024 (2,000,000) Monthly Total (2,000,000)
Ending Balance 22,999,860$
Jan 2024
****BNY Investment interest received and posted to Wells Fargo cash account 138,625$ ***BOM CD Investment interest received and posted to Wells Fargo cash account 4,001$ 142,626$
4.a
Packet Pg. 19
Attachment: Monthly Investment Activity Report-1.31.24 (Monthly Investment Transactions Report (January 2024))
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: 5
Category: CONSENT CALENDAR
Meeting Date: February 20, 2024
5 Packet Pg. 20
Accepting Updates on the Remaining Emergency Gas Line Repairs at CCC 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 February 6, 2024, regular meeting, the following work has since been completed:
Date(s) Work Completed
January 19 – 24, 2024
Completed installation of gas lines to Building H
(included trenching, site modifications/preparations,
above and underground pipe installations, building
tie-ins, and final pressure testing).
January 25, 2024 Conducted final gas line testing (passing results with no issues detected).
Following the conclusion of the final gas line tests, gas utilities were re stored throughout the remainder of the system, which in turn, restored services to buildings and areas of the property that were temporarily shut down during the repair process. The positive results from these recent tests signify the completion of services as outlined in the executed contract agreement with Burr Plumbing and the previously defined scope of work developed by staff.
5 Packet Pg. 21
Accepting Updates on the Remaining Emergency Gas Line Repairs at CCC Page 3 of 4
NEXT STEPS
Based on these latest developments, staff is currently in the process of consolidating the final invoicing with Burr Plumbing and performing a comprehensive review of the work to assess the system's functionality under standard operating conditions. These endeavors aim to ensure optimal efficiency and address any potential issues before the issuance of final payment.
Staff is requesting Council's authorization to continue with these efforts and will return during the next regularly scheduled City Council meeting on March 5, 2024, to present an update on their completion. If there are no additional repairs and/or payment -related inquiries to be addressed at that time, staff will request Council's acceptance of the completed work and authorization to initiate the official closeout process and file the Notice of Completion.
FISCAL IMPACT
There is no fiscal impact with the associated action.
ALTERNATIVES
1. Do not accept the updates and/or authorization to proceed with the final review process.
2. Provide alternative direction to staff.
Prepared by:
Carina Shattuck, Administrative Analyst I
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
5 Packet Pg. 22
Brian Loventhal, City Manager
Accepting Updates on the Remaining Emergency Gas Line Repairs at CCC Page 4 of 4 Attachment:
a. Resolution
5 Packet Pg. 23
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ACCEPTING
UPDATES ON THE PROGRESS OF REMAINING EMERGENCY GAS LINE REPAIRS AT THE
CAMPBELL COMMUNITY CENTER AND AUTHORIZING SUBSEQUENT REPAIRS PER THE
EXECUTED CONTRACT SERVICE AGREEMENT WITH BURR PLUMBING AND IN
ACCORDANCE WITH CALIFORNIA STATE PUBLIC CONTRACTS CODE (PCC) SECTIONS 20168 AND 22050 WHICH ALLOW FOR THE DISPENSATION OF FORMAL BIDDING
PROCEDURES WHEN PUBLIC INTEREST AND NECESSITY DEMAND THE IMMEDIATE
EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH, OR PROPERTY IN THE
EVENT OF AN EMERGENCY SITUATION, AND REQUIRE THE GOVERNING BODY TO
REVIEW THE ASSOCIATED EMERGENCY ACTION AT EVERY REGULARLY SCHEDULED MEETING THEREAFTER UNTIL THE ACTION IS TERMINATED, TO DETERMINE, BY A 4/5
VOTE, THAT THERE IS NO NEED TO CONTINUE THE ACTION (RESOLUTION/CONSENT) WHEREAS, on July 31, 2023, the City Council adopted Resolution No. 13024 which authorized the issuance of payment to Burr Plumbing (Burr) for all services rendered to-date on the emergency gas line repairs at the Campbell Community Center; and
WHEREAS, the circumstances prompting staff’s initial service request, and the emergency work performed thereafter, also permitted the dispensation of formal bidding procedures as specified in Campbell Municipal Code Sections 3.20.050, and 3.20.030(3) for emergency situations threatening the health, safety, or welfare of the public that necessitate this exemption; and WHEREAS, the City Council was also informed of outstanding repairs that were still required before PG&E could restore gas services to the remainder of the property – including staff’s plans to develop a scope of work and present the results of these efforts to Council during a later meeting date; and WHEREAS, results were presented during the September 19, 2023, regular meeting, where the City Council subsequently approved an agreement with Burr, in an amount not to exceed $290,180, after declaring that the public interest and necessity to complete these emergency repairs demanded the immediate expenditure of public money to safeguard life, health, or property , as pursuant to California State Public Contracts Code (PCC) Section 20168; and WHEREAS, since the anticipated repairs are exempt from the City’s formal bidding process, their implementation is subject to the terms set forth in PCC Section 22050 which states that the governing body shall review the emergency action at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action; and WHEREAS, in accordance with the State’s requirements, the following lists all work that has been completed since the last updates provided to the City Council during the February 6, 2024, regular meeting:
• January 19 – 24, 2024: Completed installation of gas lines to Building H (included trenching, site modifications/preparations, above and underground pipe installations, building tie -ins, and final pressure testing);
• January 25, 2024: Conducted final gas line testing (passing results with no issues detected); and
5.a
Packet Pg. 24
Attachment: Resolution (Accepting Updates on the Remaining Emergency Gas Line Repairs at CCC) WHEREAS, following the conclusion of the final gas line tests, gas utilities were restored throughout the remainder of the system, which in turn, restored services to buildings and areas of the property that were temporarily shut down during the repair process; and WHEREAS, staff is currently in the process of consolidating all final invoicing with Burr Plumbing and performing a comprehensive review of the work to assess the system's functionality under standard operating conditions; and
WHEREAS, staff is requesting Council’s authorization to continue with these efforts to ensure optimal efficiency and address any potential issues before the issuance of final payment.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) accepts the updates on the work completed for the remaining emergency gas line repairs at the Campbell Community Center ; and 2) authorizes subsequent repairs as needed 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 the Council’s authorization, staff will return at the next regularly scheduled City Council meeting on March 5, 2024, to present an update on the completion of those items still in progress (i.e., review of the system’s functionality and consolidation of final payment) .
If there are no additional repairs and/or payment-related inquiries to be addressed at that time, staff will request Council's acceptance of the completed work and authorization to initiate the official closeout process and 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:
_________________________________
Susan M. Landry, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk
5.a
Packet Pg. 25
Attachment: Resolution (Accepting Updates on the Remaining Emergency Gas Line Repairs at CCC) City
Council
Report
TITLE: Award a Contract with Rincon Consultants for the Development of the Climate Action and Adaptation Plan (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a Resolution approving and awarding a contract, and authorizing the City Manager to execute the contract, with Rincon Consultants for the development of the Climate Action and Adaptation Plan in the amount of $300,000.
BACKGROUND
This Item follows City Council direction from the November 21, 2023, meeting to issue a Request for Proposals (RFP) for the development of a Climate Action and Adaptation Plan to meet state requirements of greenhouse gas reductions.
Staff prepared specifications for the procurement of a consultant who would be instrumental in developing the Climate Action and Adaptation Plan, supporting the City in conducting technical analysis of climate impacts and recommendations for adaptation strategies, and performing stakeholder engagement and community outreach. The RFP package clearly defined the expectations of the City in terms of scope of work, budget, and timeline, with a final deliverable of a Climate Action and Adaptation Plan that includes a greenhouse gas emissions inventory, emissions reduction targets based on Statewide goals, vulnerability and risk assessment, actionable strategies, and an implementation plan.
DISCUSSION
The RFP was released for 30 days, with proposals due on December 21, 2023. The Community Development Department received proposals from seven firms:
1. Community Inclusive Wealth
2. BlueStrike Environmental
3. Ascent
4. Raimi + Associates
5. SSG
6. AECOM
7. Rincon Consultants
Item: 6
Category: CONSENT CALENDAR
Meeting Date: February 20, 2024
6 Packet Pg. 26
Approve Award of Contract - Climate Action RFP Page 2 of 3 Proposals were scored by a review panel comprised of City staff and subject matter experts in Climate Action from other public agencies. The scoring evaluated the firms’ experience developing similar plans; their project understanding, approach, and workplan; team qualifications; cost and value; and local presence. The panel determined that Rincon was the most qualified firm, given their extensive experience developing Climate Action Plans in California, familiarity with the Bay Area, and a proposal that was within the City’s preferred budget.
Staff recommend s awarding a contract to Rincon Consultants in an amount not to exceed $300,000, to perform the scope of work included in their submitted proposal for work through FY 2025/2026.
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 Plan. The total cost of the proposed scope of work with Rincon is $247,725.50. This cost would be incurred over three fiscal years (FY 2024 through FY 2026) with payments occurring monthly. Staff recommend holding a contingency of $52,274.50, resulting in a total contract value of $300,000. At the conclusion of the Consultant Services, any remaining funds will go back into the General Fund.
NEXT STEPS
Staff is recommending City Council approve the contract and authorize the City Manager to execute a contract with Rincon Consultants in an amount not to exceed $300,000 to provide services to develop a Climate Action and Adaptation Plan for the City of Campbell for a period up to two years.
Once the contract is executed, staff will subsequently schedule a kickoff meeting for a future City Council agenda to introduce the consultant and discuss the workplan.
ALTERNATIVES
1. Do not approve and award a contract to Rincon for the development of the Climate Action and Adaptation Plan at this time.
2. Direct staff to take alternate action.
Prepared by:
Tiffany Hudson, Environmental Program
Specialist
6 Packet Pg. 27
Approve Award of Contract - Climate Action RFP Page 3 of 3 Reviewed by:
Rob Eastwood, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution - Authorization to Award CAAP Contract
b. Proposal_Campbell CAAP_Rincon Consultants Inc
c. Contract_Campbell CAAP
6 Packet Pg. 28
RESOLUTION NO. ______________
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING AND AWARD ING A CONTRACT, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACT, WITH RINCON CONSULTANTS FOR
THE DEVELOPMENT OF THE CLIMATE ACTION AND ADAPTATION PLAN IN AN AMOUNT NOT TO EXCEED $300,000.
WHEREAS, the adopted 2040 General Plan included Action COS -10.c. which calls for the preparation of a Climate Action Plan that establishes greenhouse gas reduction targets that are consistent with Statewide GHG reduction targets, including an implementation program to achieve reduction targets;
WHEREAS, the City seeks the special services in climate action and adaptation strategies from persons specially trained, experienced, and competent to perform the special services required for the preparation of a Climate Action and Adaptation Plan;
WHEREAS, the City Council adopted Resolution No. 13079 authorizing the issuance of a Request for Proposals for the development of a Climate Action and Adaptation Plan;
WHEREAS, the City circulated an RFP from November 22, 2023, to December 20, 2023, for the preparation of the Climate Action and Adaptation Plan and received seven (7) proposals;
WHEREAS, the purchasing procedures outlined in the City’s Municipal Code (CMC) Section
3.20.050 state that purchases and contract for ‘supplies, services, and equipment of estimated fair market value greater than fifty thousand dollars’ shall be made according to specified bidding procedures;
WHEREAS, the estimated amount for the procured services will be more than fifty thousand dollars;
WHEREAS, CMC Section 3.20.091 provides that the bidding procedures in section 3.20.050 may be dispensed with for the purchases of supplies and services that are technical in nature;
WHEREAS, staff reviewed the proposals finding that Rincon Consultant was the most responsive offeror, meeting the selection criteria, given their extensive experience conducting Climate Action Plans in California; their project understanding, approach, and workplan; the qualifications of the proposed team; their proposal being within the preferred $250,000 budget; and their familiarity with Campbell;
WHEREAS, Rincon Consultants’ proposa l (excluding optional tasks ) included a budget of $247,725.50;
WHEREAS, staff recommends adding a contingency of $52,274.50, resulting in a total contract value of $300,000;
WHEREAS, staff recommends awarding a contract to Rincon Consultants, in an amount not to exceed $300,000, to provide services for a period of up to eighteen (18) months, and include options for the City to renew an additional six (6) month service contracts, for a total of up to two (2) years;
WHEREAS, $300,000 was previously appropriated in the FY 2024 budget for the development of the Climate Action and Adaptation Plan; and
6.a
Packet Pg. 29
Attachment: Resolution - Authorization to Award CAAP Contract (Approve Award of Contract - Climate Action RFP) City Council Resolution No. Page 2 of 2 Authorize the City Manager to Dispense with Bidding, Authorize Award and Execution of Contract WHEREAS, the City Council has reviewed and accepted the draft Consultant Services Agreement (i.e., Contract) as to general form and content and seeks to authorize the City Manager to execute the contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby approves the contract, and authorizes the City Manager to execute the contract, with Rincon Consultants for the development of the Climate Action and Adaptation Plan in and amount not to exceed $300,000.
PASSED AND ADOPTED this ____ day of February 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED: _____________________
Susan M. Landry, Mayor
ATTEST: _________________________
Andrea Sanders, City Clerk
6.a
Packet Pg. 30
Attachment: Resolution - Authorization to Award CAAP Contract (Approve Award of Contract - Climate Action RFP) San Jose, California • December 21, 2023
City of Campbell
Proposal for Climate Action and Adaptation Plan
6.b
Packet Pg. 31
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP)
Rincon Consultants, Inc.
99 South Almaden Boulevard
San José, California 95113
408-577-3008
www.rinconconsultants.com
December 21, 2023
Tiffany Hudson, Environmental Program Specialist
City Clerk’s Office
City of Campbell
70 North First Street
Campbell, California 95008
Subject: Proposal to Provide Climate Action and Adaptation Planning Services for the City of Campbell Dear Ms. Hudson:
Rincon Consultants, Inc. (Rincon) is enthusiastic about the opportunity to assist the City of Campbell in developing its Climate Action and Adaptation Plan (CAAP). Rincon will build on the City’s existing climate action and resilience efforts included in the recent update to the Safety Element of the General Plan and amendments to the Building Code to require electrification. Rincon has relevant and local experience, including our work preparing Santa Clara County’s Climate Roadmap which involved preparing a countywide greenhouse gas (GHG) emission inventory, forecast, and GHG reduction plan. Rincon and our partner BluePoint Planning also led the development of the Climate Network Map which identified key interested parties throughout the c ounty which led to the development of the regional Climate Collaborative. We are continuing to support the County along with all incorporated cities within the county with the preparation of a regional Community Climate Action Plan funded by United States Environmental Protection Agency. This effort will position the County and incorporated cities for implementation grant opportunities. We have also completed climate action plans for the neighboring cities of Cupertino and Sunnyvale. We look forward to the opportunity to leverage this local experience with the preparation of Campbell’s CAAP to help bring alignment among these various planning efforts.
When considering climate planning, we do not opt for a standardized approach. We are constantly looking for ways to innovate as a means of achieving progressive objectives in an implementable manner that also provides public value and delivers on equity principles. The strategy for the Campbell CAAP will be no different as we work to develop a comprehensive, defensible, and innovative plan through an inclusive and equitable planning process that further reduces GHG emissions and improves Campbell’s quality of life. We are pleased to see Campbell rise to the seriousness of climate change through partnership with Silicon Valley Clean Energy to provide carbon-free electricity to the community . We are enthusiastic about the opportunity to partner with the City to stop rising GHG emissions and to build community resilience.
Leading the Rincon team will be Ryan Gardner , MESM, LEED -AP, Principal -in-Charge and head of Rincon’s statewide climate action practice. Ryan has managed and guided the completion of CA APs for municipal agencies and special districts across the s tate and is currently managing the Santa Clara regional Community Climate Action Plan. Camila Bobroff will serve as Project Manager. She will be in charge of day-to-day oversight and serve as Campbell’s primary contact and primary advisor related to the preparation of a CAAP. Recognizing that community engagement is critical for preparing a CAAP that reflects the community’s priorities, Rincon has partnered with BluePoint Planning (BluePoint). Rincon and BluePoint have a long history of successfully teaming on CAAPs in the Bay Area, including the Santa Clara County Climate Action Roadmap, City of Santa Cruz C AAP, and the Sonoma County Regional Parks Climate Adaptation and Resiliency Plan. We believe that our collective experience developing CAAPs and GHG reduction measures statewide, innovative tools and programs, and focus on implementation gives us a unique understanding of, and sensitivity to, the broad range of issues that will be important to the success of this CAAP. The experience of this team will allow us to work with the City to develop a customized program that meets the diverse needs of Campbell.
6.b
Packet Pg. 32
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
2 Thank you for considering Rincon for this important assignment. Please do not hesitate to contact us if you have questions about this proposal or need additional information.
Sincerely,
Rincon Consultants, Inc.
Camila Bobroff | Project Manager
[email protected]
Contact for clarification
Ryan Gardner | Director of Climate Action and
Implementation
[email protected]
Contact for Clarification
Erik Feldman | Principal
[email protected]
Contract Signatory
6.b
Packet Pg. 33
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Table of Contents
Rincon Consultants, Inc. i
Table of Contents
1 Applicant Profile .................................................................................................................................................. 1 About Rincon ....................................................................................................................................................... 1 2 Statement of Understanding .............................................................................................................................. 3 3 Project Approach ................................................................................................................................................. 4 Task 1 Project Management ........................................................................................................................... 4 Task 2 Community Outreach and Engagement ............................................................................................. 5 Task 3 City Council Engagement .................................................................................................................... 8 Task 4 Existing Conditions .............................................................................................................................. 9 Task 5 Greenhouse Gas Analysis ................................................................................................................. 10 Task 6 Climate Adaptation Analysis ............................................................................................................. 13 Task 7 Measure and Action Development ................................................................................................... 15 Task 8 CAAP Document ................................................................................................................................. 18 Optional Task 9 CAAP Implementation ......................................................................................................... 20 4 Identification of any Information or Assistance ............................................................................................... 22 5 Budget and Schedule........................................................................................................................................ 23 6 Statement of Qualifications; Relevant Experience .......................................................................................... 30 List of Project Experience ................................................................................................................................. 30 7 Project Team ..................................................................................................................................................... 34 Team Organization ............................................................................................................................................ 34 Resumes for Key Personnel ............................................................................................................................. 34 Key Technical Staff Qualifications Summary Matrix ....................................................................................... 37 8 References ........................................................................................................................................................ 38 Reference List ................................................................................................................................................... 38 9 Conflict of Interest Statement .......................................................................................................................... 39 10 Comments on or Requested Changes to Contract .......................................................................................... 40 Appendices
Appendix A Resumes
6.b
Packet Pg. 34
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
ii
This page intentionally left blank.
6.b
Packet Pg. 35
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Applicant Profile
1 6.b
Packet Pg. 36
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) “We had the pleasure of working with Rincon
Consultants on our climate action planning
project, including an updated CAP , CEQA GHG
thresholds development, and associated CEQA
document. They took the time to review exactly
what the City could contribute and complimented
our existing skill sets perfectly, allowing us to
accomplish this project at a lower cost than our
peer cities. Despite the project’s complexity, the
entire team exceeded our expectations. The City
of Cupertino greatly appreciates Rincon’s ability
to be flexible throughout the project. As we heard
from the public, Rincon adapted the scope of the
project accordingly, which resulted in a much
better product using the same resources that
we had budgeted for. We would like to extend
our appreciation to Kelsey Bennett, Rincon’s
project manager, for her outstanding work. I
highly recommend Rincon Consultants for their
sustainability and environmental expertise,
professionalism, exceptional service, and ability
to adapt to their clients’ needs.”
Andre Duurvoort, Sustainability Manager
City of Cupertino
6.b
Packet Pg. 37
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Applicant Profile
Rincon Consultants, Inc. 1
1 Applicant Profile
About Rincon
Rincon Consultants , Inc. (Rincon) is a multidisciplinary environmental science, planning, and engineering consulting firm that provides quality professional services to government and industry. Our skilled professionals have decades of combined experience in climate action, adaptation, and
resilience planning, greenhouse gas (GHG) emissions
inventorying and analysis, vulnerability assessment s, California Environmental Quality Act (CEQA) compliance and streamlining, energy conservation and electrification, green building, and public engagement related to these services. Our approach focuses on well- designed solutions that respond to our clients’ specific needs in a cost-effective manner.
Rincon has prepared over 60 Climate Action and Adaptation Plans (CA AP), Greenhouse Gas (GHG) Reduction Strategies, Sustainability Plans, and the associated GHG inventories and climate vulnerability assessments for municipalities, special districts, universities, and private clients throughout California.
Our team is a California Air Resources Board Accredited GHG Verifier, giving us unparalleled experience with various industries and inventory methodologies and a comprehensive
understanding of best practice s in GHG analysis. Recently we have developed climate action and /or adaptation plans or are currently working with the following Bay Area clients : Cities of Cupertino, Sunnyvale, Hayward, Pinole, San Leandro, Livermore, Pleasanton and the Counties of Santa Clara, San Mateo, and Sonoma Regional Parks.
Rincon has more than 440 staff and is large enough to provide the expertise needed to successfully complete the City’s CAAP, yet flexible enough to quickly respond to changes in direction or unexpected challenges that may emerge. We have a dedicated climate action team that supports the planning, implementation, and monitoring phases associated with a CAAP.
Sustainability requires a commitment to balancing the needs of people, the planet, and prosperity, both now and in the future. It is a complex and dynamic concept that requires continuous efforts and collaborations among individuals, communities, governments, and businesses. It involves a holistic approach that balances environmental, climate, equity, and economic considerations. A sustainable approach aims to derive maximum benefits to the community by prioritizing the pr eservation and enhancement of the environment, promoting climate resilience, fostering equity and social justice, and achieving long -term economic growth and stability. By embracing sustainable practices and policies, we can ensure that future generations can enjoy a livable planet with ac cess to natural resources and opportunities for a fulfilling life. This requires a collective effort to balance the needs of the planet, people, and prosperity, and to work towards a more sustainable and equitable future.
As a science based environmental and climate consulting firm with 29 years of experience, Rincon has worked through the establishment and evolution of the concept of sustainability.
Legal Name:
Rincon Consultants, Inc.
Legal Form:
California “S” Corporation
Founded: 1994
Professional Staff: 400+
California Offices: 13
Address (Headquarters):
180 North Ashwood Avenue
Ventura, California 93003
Phone Number:
805-644-4455
Website:
https://www.rinconconsultants.com/
Federal Tax ID: 77-0390093
Primary Contact:
Camila Bobroff, Project Manager
Address:
449 15th Street, Suite 303
Oakland, California 94612
Phone Number: 510-834-4455
Email: [email protected]
6.b
Packet Pg. 38
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
2 Our technical and planning experience addresses all aspects of sustainability with practical experience in active transportation, mobility urban forestry, GHG emissions water and energy conservation, community development, climate resilience, environmental remediation, equity and engagement, and waste and recycling. Leveraging this extensive experience, Rincon will work with each client and community to develop strategies to minimize community impacts that will improve quality of life, build prosperity, and improve the community’s overall resilience.
At Rincon, we uphold a steadfast commitment to ethical conduct and social responsibility. We prioritize transparency, ensuring openness and honesty in all our dealings. Our team is dedicated to delivering equitable and just solutions, valuing the rights and interests of all interested parties involved. We actively seek to foster an environment where integrity guides every decision, and where our actions positively impact the communities we serve.
6.b
Packet Pg. 39
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Statement of Understanding
2 6.b
Packet Pg. 40
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) “It has been such a great pleasure working with
Ryan and the Rincon Team. From the interview
to implementation, city staff had the greatest of
confidence in their ability to execute and meet
our specific needs. We are thrilled at the creation
of a Climate Action Plan tool that now helps us
track actual emissions reductions associated
with implementation measures over time.”
Robyn Eason
City of West Hollywood
6.b
Packet Pg. 41
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Statement of Understanding
Rincon Consultants, Inc. 3
2 Statement of Understanding
Like many cities in the region, Campbell is at -risk to an array of hazards, including extreme storms, poor air quality from regional wildfire, and extreme temperatures. While the entire city is vulnerable to the impacts of climate change, impacts remain unequally distributed throughout the city, particularly for seniors, children, renters, linguistically isolated populations. The City has taken several steps to address climate change mitigation and adaptation through the recent update to the Safety Element of the General Plan and amendments to the Building Code to require electrification.
This project's objective aims to address the pressing issue of climate change by developing a comprehensive Climate Action and Adaptation Plan for the City of Campbell. The primary goal is to align with state and county mandates by identifying concrete steps to significantly reducing emissions, aiming for a 40% reduction below 1990 levels by 2030 while exploring areas for innovation to achieve carbon neutrality (especially in municipal operations) by the same year. Additionally, the plan should outline ambi tious yet realistic long-term greenhouse gas reduction and resilience targets for 2045 (to align with State targets) as well as 2050 if desired.
This CAAP will underscore the recognition of the interconnectedness between various systems— built infrastructure, natural ecosystems, and human behavior—and the acknowledgment of their dependence on one another. It will address the need for an integrated approach that considers these systems holistically.
Furthermore, the CAAP will emphasize the importance of integrating measures that not only combat climate change but also enhance quality of life, promote economic prosperity, and bolster community resilien ce.
The plan's intended framework suggests a reimagining of current systems to be more sustainable, efficient, and interconnected, with a vision that encompasses environmental, social, and economic aspects. It aims to create a roadmap that not only addresses the urgent need for action but also communicates this urgency effectively to a diverse range of audiences. This involves ensuring that the plan is easily understandable, visually engaging, and adaptable to various media formats to reach and engage different interested parties.
In summary, this objective reflects a holistic and proactive approach to climate action by addressing emissions reduction targets, interconnected systems, community well -being, and the urgency of collective action, emphasizing the importance of a comprehensive and inclusive plan to tackle the challenges of climate change.
6.b
Packet Pg. 42
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Project Approach
3 6.b
Packet Pg. 43
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) “We developed a great partnership with Rincon
during the climate action planning process.
Rincon ensured that, at its core, the City’s
Climate Action Plan reduced greenhouse gas
emissions through equitable, achievable, and
implementable actions that equally benefit all
South Pasadenans. We consider them trusted
advisors and look forward to working together
again in the future!”
Arpy Kasparian, Water Conservation and
Sustainability Analyst
City of South Pasadena
6.b
Packet Pg. 44
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
4 3 Project Approach
Task 1 Project Management
Task 1.1 Project Kickoff
As soon as the project contract has been executed, Rincon will work with City staff to organize an initial kickoff meeting with the City’s Project Team to discuss project goals and objectives. Rincon’s Principal, Ryan Gardner , Project Manager, Camila Bobroff, and Assistant Project Manager, Forest Abbott -Lum, will attend the virtual kickoff meeting. In addition, because engagement is an important component of climate action and adaptation planning, BluePoint will also attend the kickoff meeting.
The kickoff meeting will provide an opportunity to refine the scope of work and proposed schedule, as well as discuss opportunities for alignment with parallel planning efforts and recently adopted plans . This meeting will also serve to establish the project management procedures, including communication protocols and invoicing requirements. As part of this kick-off, the engagement approach will be discussed along with identification of key interested parties. Following this kickoff meeting, the Rincon Team will provide a finalized Project Plan, including final scope of work and deliverables , such as the a djusted project schedule ; project organizational chart and contact list; and a final list of existing applicable documents, data, and policies.
Assumptions
• Up to three consultant staff will attend the virtual kickoff meeting Deliverables
• Attendance at virtual kickoff meeting (Rincon and BluePoint) • Kickoff meeting agenda (Rincon)
• Kickoff meeting notes (Rincon)
• Finalized Project Plan, including adjusted project schedule; final scope of work; project organizational chart and contact list; and final list of existing applicable documents, data, and policies (Rincon) Task 1.2 Project Management and Biweekly Meetings
Throughout the project Rincon will provide robust project management with a team experienced in the development of CAAPs. Rincon will host 30- minute biweekly check-ins and provide meeting agenda, notes and action items after each meeting. Our teaming partners from BluePoint will attend biweekly calls occasionally to align the technical tasks with the community outreach and engagement events . Various biweekly meetings during the project will serve as preparation meetings for community engagement. CBOs engage d in will also attend relevant community engagement biweekly meetings. Rincon will also provide monthly invoices with progress reports.
Rincon’s project management structure includes the Principal, Project Manager, and Assistant Project Manager with all being available directly for questions or other needs. This robust Rincon Team not only provides a high level of experience to the City, but also provides for quick turnarounds when questions arise, as well as continuity throughout the project.
Assumptions
• 30-minute biweekly project meetings will be attended by Rincon’s Principal, Project Manager and Assistant Project Manager.
• The project has an 18-month timeline; therefore, we assume 36 biweekly calls.
6.b
Packet Pg. 45
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Project Approach
Rincon Consultants, Inc. 5
Deliverables
• Biweekly agendas and notes (Rincon)
• Monthly Progress Reports and Invoices (Rincon)
Task 2 Community Outreach and Engagement
Task 2.1 Community Engagement Strategy
A Community Engagement Strategy (CES) provides a clear path and guide for effective and comprehensive community involvement that is tied to planning goals and objectives. This will include the outreach and engagement strategy and tactics for each phase of the project, key audiences, the messages, reach methods (person -to-person, online/email, print, social media, local online news etc.) and channels. The CES will also include an Equity Checklist and identify and offer strategies that support representation across various groups and communities. The strategy will indicate when and how community -based organizations (CBO) will be u sed to conduct community engagement and outreach efforts (see Task 2.3 CBO Support). The implementation section of CES will identify when specific activities occur to get the highest impact, including materials and tools needed, key responsibilities, timeframe, and ongoing activities.
Rincon and BluePoint will work with the cross-divisional City team to adaptively manage engagement by collecting and analyzing data on engagement successes and areas for improvement so the teams can adapt efforts as needed to get representation from all communities. Rincon will work with the City of Campbell to create maps of survey responses and comment cards received at various engagement events. This data will be used to adapt the second phase of engagement and focus those efforts in climate vulnerable c ommunities that were not reached during Phase 1. Rincon and BluePoint will work with the City and CBOs to adapt engagement as needed throughout the project.
Assumptions
• The City will provide one consolidated set of comments from the Cross-divisional City Team on the draft CES.
• The Equity Checklist described in the Request for Proposals will be developed as part of Task 7.1 Draft Measures and Actions through the Equity Guardrails, which will be vetted by the Cross-divisional City Team, Advisory Board, and community.
Deliverables
• Map of engagement results up to three times during the engagement process to allow for engagement refinements (Rincon)
• Draft and Final CES and Advisory Board List (BluePoint) Task 2.2 Advisory Board Engagement (6)
An Advisory Board is for those who have a vested, long-term interest and who have the time and ability to commit to a multi -meeting effort. This group is important to help vet issues, identify opportunities, and act as a direct connection to their communities throughout the process. The group should be as representative of the community as possible, including community members, organizations, and partner agencies. This group should become one of the CAAP’s critical advocacy groups, enabled to speak knowledgably about the CAAP process and why the implementation actions are necessary. They may also provide additional outreach, conducting small meetings with their own groups to bring back information and feedback to the larger effort.
This task includes a series of six virtual meetings that are 1.5–2 hours in length. The meetings will be held at key points in the process so members are informed and engaged throughout the CAAP process . The group should be no more than 20 people, if possible. BluePoint and Rincon will work with City staff to develop and design each meeting, assist with the development of meeting presentations and materials, provide facilitation, notetaking, and a meeting summary for each meeting. Rincon has a longstanding relationship with BluePoint , and the
6.b
Packet Pg. 46
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
6 success of our team comes from combining Rincon’s technical expertise with BluePoint’s outreach and engagement expertise. Rincon will help brainstorm the approach for each Advisory Board meeting , provide technical documentation for the Advisory Board meetings, provide oversight of presentation slide decks, and attend these meetings alongside BPP staff to help answer technical questions.
Assumptions
• The City will host the virtual Advisory Board meetings. • The Cross-divisional City Team will help to identify Advisory Board Members and will invite them each by email.
• Each Additional Advisory Board meeting (beyond the 6 that are scoped) will cost an additional $2,400.
Deliverables
• Facilitate six Advisory Board meetings (BluePoint)
• Up-to-two Rincon staff in attendance Advisory Board Meetings to help answer questions (Rincon) • Meeting presentation, materials, and meeting summary for each meeting (BluePoint) Task 2.3 CBO Support
Setting aside a budget specifically for CBOs to engage and provide targeted outreach to hard -to-reach communities is a successful approach to equitable engagement. Rincon has set aside a total of $15,000 to be disbursed to CBOs , including Silicon Valley Youth Climate Action , Climate Resilient Communities , or Acterra.
Additional CBOs such as Breathe California may also be engaged depending on CBO capacity and engagement needs. This set aside allows the project team greater flexibility to work with multiple CBO’s, community leaders, or others as the project develops compared to teaming with one group in particular. A portion of this budget can also be used to provide dinner, travel, or childcare stipends to community members who would otherwise not be able to participate. Rincon has utilized this approach for several projects including the County of Santa Clara Climate Roadmap with great success, allowing for more meaningful engagement with hard -to-reach communities. This engagement will be developed in concert with other activities for the general public, and, when possible, utilize the same materials and exercises. BluePoint will detail the proposed approach, alignment, and opportunities for engagement in the CES building upon other similar efforts, including working with Climate Resilient Communities. These funds would be used to complete outreach projects, led by the CBOs, in hard -to- reach communities to make it easier for historically underrepresented communities to participate in the CAAP process.
As part of this task, BluePoint and Rincon will work with the City to develop an engagement toolkit that will be co-developed with the CBOs but would likely consist of project one-pager, engagement boards/exercise, and instructions for use.
Assumptions
• City will approve use of all funds.
• Funds will be distributed by Rincon via check or gift card. • City staff will attend CBO events, as needed.
• Translation services will be provided by the City or CBOs, as needed.
Deliverables
• Draft and Final engagement toolkit materials
• CBOs will provide summaries and notes of the use of all funds and outcomes, which will be included in the Draft and Final CAAP.
6.b
Packet Pg. 47
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Project Approach
Rincon Consultants, Inc. 7
Task 2.4 Community Engagement Meetings (4)
The BluePoint Team will work with the City to identify the appropriate forum for up-to-four interactive community workshops. Workshops may be in the form of an open house, pop ups, or a more traditional workshop, depending on the materials and the desired outcomes. These workshops will be engaging, with various ways to participate and to provide input. The City will provide the location and distribute community event notices to the community.
The BluePoint Team will develop the agenda, meeting materials, presentation, and flyer, as well as facilitate and record the meeting on large -scale paper wall graphics to capture the ideas as they are developed. Mindy Craig will be the lead facilitator. The workshop will focus on priorities and key actions for the next 5 years, informing the CAAP.
Assumptions
• The City will secure workshop locations.
• The City will advertise and provide outreach for the activities. • BluePoint will develop engagement toolkit materials.
• City will print engagement materials, as needed.
• Up to two consultant staff will attend community engagement meetings. • Community engagement meetings will be up to 1.5 hours in length. • Translation services will be provided by the City or CBOs, as needed. • Each Additional Community Engagement meeting (beyond the 4 that are scoped) will cost up to an additional $3,500, depending on the type of engagement (e.g., open house, pop ups, or more traditional workshop).
Deliverables
• Plan and develop four workshops (including agendas, surveys and materials) (BluePoint) • Draft and Final Outreach Toolkit (social media posts, newsletter, email, surveys and website content) (BluePoint)
• Facilitate four Community Engagement Meetings (BluePoint) • Meeting presentation, materials, and meeting summary (BluePoint) Optional Task 2.5 Community Conversations (8)
As an optional task, the BluePoint Team will hold up -to-eight, in -person community conversations/listening sessions during two phases: Phase 1 would occur during the beginning of the project (four meetings) and the second during the measure and action development phase (four meetings). The Phase 1 meetings will be designed to share an overview of the CAAP process and discuss issues, concerns, and ideas that community members may have about this process and information. This will also be a time for participants to share their climate change -related concerns and how they want to make change. This will help the City, Rincon, and BluePoint teams to know which climate action and resilience strategies to emphasize as part of the CAAP planning process. This information will also be useful in helping to identify the areas of the CAAP that ma y be more easily addressed versus those that will need extra community outreach and education. In addition, these early meetings establish relationships with organizations, groups, and individuals who can help to expand engagement for the entire project.
Similar to Phase 1 Community Conversations, the BluePoint Team will hold up-to-four in-person community conversations/listening after climate mitigation and adaptation measures and actions have been drafted. The meetings will be designed to share draft CAAP measures and actions and discuss issues, concerns, and ideas that community-members may have about this information. This will help the City, Rincon, and BluePoint teams refine the CAAP measures and actions before they are incorporated into the draft CAA P.
6.b
Packet Pg. 48
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
8 Assumptions
• Translation/interpretation services will be provided by the City, as needed.
Deliverables
• Lead up-to-eight, in-person community conversations/listening sessions during two phases (BluePoint) • Outreach collateral and engagement summary for each phase (BluePoint) • Outreach collateral and engagement summary (BluePoint) Task 3 City Council Engagement
Task 3.1 City Council Meetings (5) and Ad Hoc Subcommittee Meetings (2)
The City Council’s engagement in the CAAP will be critical. Holding various meetings at key points in the CAAP development process is essential to present progress, gather feedback, and make refinements based on council member feedback along the way. This iterative process with City Council simplifies the adoption process. We propose presenting the following information at each of the five City Council meetings and two Ad Hoc Subcommittee meetings
• City Council Meeting #1: Share results from the GHG emissions inventory and Climate Impact Mapping and community feedback in Task 2.2 Advisory Board Engagement (6), Task 2.3 CBO Support, Task 2.4 Community Engagement Meetings (4) and Optional Task 2.5 Community Conversations (8). • City Council Meeting #2: Share results from Climate Change Vulnerability Assessment and Emissions Forecast
• City Council Meeting #3: Share the Scenario Planning and Reduction Quantification (SPARQ Tool) • City Council Meeting #4: Review Draft CAAP and community feedback in Task 2.2 Advisory Board Engagement (6), Task 2.3 CBO Support , Task 2.4 Community Engagement Meetings (4) and Optional Task 2.5 Community Conversations (8).
• Ad Hoc Subcommittee Meeting #1: Deep dive into measures and actions • Ad Hoc Subcommittee Meeting #2: Deep dive into measures and actions • City Council Meeting #5: Adopt Final CAAP
Rincon proposes to use the Ad Hoc Subcommittee meetings to discuss in detail the CAAP measures and actions that will contribute most to building community resilience and decreasing GHG emissions. These meetings will be used for more detailed analysis, discussion, and refinement of CAAP measures and actions and would occur between City Council Meetings #4 and #5 . In our experience, areas of CAAPs that benefit most from more detailed discussions include building electrification and understanding of equity and resilience concerns, and transportation infrastructure improvements that result in mode shift and the associated financial implications associated with reducing vehicle miles traveled.
Assumptions
• The City will print materials for all in-person events. • Two Rincon staff members will attend and present at five City Council Meetings virtually. • Each Additional City Council or Ad Hoc Subcommittee meeting (beyond the 7 that are scoped) will cost an additional $1,800.
6.b
Packet Pg. 49
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Project Approach
Rincon Consultants, Inc. 9
Deliverables
• Present and lead at five City Council Meetings (Rincon) • Prepare slide decks for five City Council Meetings (Rincon) • Present at two Ad Hoc Subcommittee Meetings (Rincon)
• Prepare slide decks for two Ad Hoc Subcommittee Meetings (Rincon) Task 4 Existing Conditions
Task 4.1 Measure Analysis and Success Tracking Tool
Immediately upon notice -to-proceed, the Rincon Team will begin reviewing relevant City documents and begin preparation of our Measure Analysis and Success Tracking (MAST) tool, which will summarize and grade the success of, as well as identif y hurdles to, the City’s existing climate mitigation and adaptation policies and programs. The MAST tool will form the foundation of the CAAP. The MAST tool allows the Rincon team to familiarize themselves with the previous and ongoing work within the City related to re ducing GHG emissions and increasing resilience to better inform the development of new measures and actions. This exercise also evaluates the City’s successes and identifies hurdles such as lack of funding or staffing in implementing past efforts. Additionally, the MAST tool provides an opportunity to consolidate all existing efforts in one place, as well as review the most current state and regional plans for consistency.
Rincon intends to review the following plans and programs/policies, at a minimum .
Campbell Plans
• General Plan 2040
• 2023-2024 Housing Element
• Transportation Improvement Plan
• Area plans and guidelines
After populating the MAST tool with existing policies and programs, the tool will be provided to the City to identify the status of each policy and program. The MAST tool includes a drop -down menu to select the status of the measures as either completed, u nderway, or not yet started. Other drop- down menus allow for ranking effectiveness of the policies and programs, including clear metrics, responsible parties, and identified funding.
This process allows both the Rincon Team and City to gain insights into hurdles to implementation, be it funding, staff time, or other items, that we can focus on overcoming during the CAAP development process.
Rincon proposes to provide this analysis along with a summary presentation of key findings at a biweekly meeting.
Assumptions
• City will provide relevant data and background documents for review.
Deliverables
• MAST Tool
• Slide deck summarizing results of MAST Tool
6.b
Packet Pg. 50
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
10 Task 5 Greenhouse Gas Analysis
Task 5.1 GHG Emissions Inventory
Data Collection
Once the contract is executed , Rincon will begin the data collection process. In our experience, the data collection process can be a slow process because data comes from multiple sources such as the various utility providers and city departments. Therefore, to streamline the data collection process and reduce any delays, Rincon has developed specific tools, including detailed data request documents and tracking mechanisms. The City’s specific data request would be developed and refined after the kickoff meeting , once the Rincon Team has confirmed the preferred approach and necessary data required. The data request will include a sum mary of the data set s that are needed and specific points of contact to retrieve the data. It is anticipated that the primary community inventory data sources would include Silicon Valley Clean Energy (SVCE) for electricity usage, Pacific Gas and Electric Company (PG&E) for natural gas usage data, San Jose Water Company and Santa Clara Valley Water District for water consumption data , and West Valley Sanitation District for wastewater energy and process emissions. Waste data would be retrieved by Rincon fro m CalRecycle. Rincon assumes all necessary data for the municipal inventory will be provided by the City. For community vehicle miles traveled (VMT) data, Rincon proposes to utilize the Replica big data model to provide next generation VMT data and allow for detailed climate action tracking.
Most cities have historically used a regional transportation demand model to estimate transportation emissions in GHG inventories . These regional models were developed to model long -term growth impacts on roads and highways. While they can provide total VMT numbers, they are not updated often (~5-10 years), and they are not sensitive to local VMT changes. They also don’t provide muc h benefit for understanding transit or active transportation mode share. Therefore, Rincon proposes to utilize the Replica soft ware system. Replica uses big data sources such as GPS, cell phone, credit card transactions, real estate data, and ground truthing along with powerful machine learning techniques to generate a statewide land use and VMT model that is then scaled with census data and updated on a quarterly basis. This model provides several key benefits for climate action planning that greatly exceed the capabilities of standard regional transportation models, which include the following.
• Quarterly VMT updates, which show progress over time
• VMT data at the street level, which allows for more specific policy development • Transit and active transportation mode shares
• Ability to model trips starting or ending anywhere in the state • Ability to quantify impacts of specific VMT reduction projects more accurately • Descriptions of “why” each trip was made that will allow the Rincon Team to craft more impactful actions • Demographic data of who is traveling.
Rincon will provide quality assurance/quality control (QA/QC) of the Replica data and leverage the Replica data to complete a GHG forecast that integrates the Regional Housing Needs Assessment numbers, identified in Envision Campbell 6 th Cycle 2023-2031 Housing Element, and other growth projections. E mission factors will be calculated using the EMFAC 2021 model, consistent with standard calculation methodologies.
If the City prefers, Rincon can instead use a traditional VMT model leveraging data provided by the Metropolitan Transportation Commission (MTC). MTC data is used by many cities in the region and is both relatively easy to The foundation of Rincon’s climate
action practice is our technical
experience in GHG emissions
quantification and verification. Our
team has completed the Santa
Clara Countywide GHG inventory
and forecast for the 2030 Climate
Action Roadmap and additional
inventories for cities throughout
the state, including for Cupertino,
Sunnyvale, and Santa Cruz. Based
on this experience we have a
detailed understanding of the data
providers and emissions sources in
the City and have developed
methodologies and tools to
streamline the data collection
process and increase transparency
and defensibility for our clients.
6.b
Packet Pg. 51
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Project Approach
Rincon Consultants, Inc. 11
obtain without a traffic engineering firm as well as defensible. However, Rincon feels the benefits associated with Replica will provide the City with both immediate planning and long-term tracking benefits.
A draft technical memorandum will be prepared to document the methods and findings of the Replica VMT analysis, including the assumptions, baseline data, methodologies and res ults used to complete the analysis.
The draft memorandum will be submitted to the City for review and following receipt of internal comments, a final technical memorandum will be prepared and submitted.
GHG Inventory and Tool Development
Consistent with the Local Government Operations Protocol, we assume that the municipal inventory will account for GHG emissions associated with electricity, natural gas, and other fuel usage in/for City buildings and facilities; gasoline, diesel and compre ssed natural gas fuel used in City fleet vehicles and equipment; municipal solid waste; water delivery and wastewater management; employee commute; and other applicable sectors.
Consistent with the Global Protocol for Community -Scale GHG Emissions, the com munity-wide GHG emissions inventory will account for GHG emissions resulting from residential and non -residential energy usage; VMT; off - road equipment; water usage; community -generated wastewater; and community -generated solid waste.
Transparency and cons istency are of the utmost importance to Rincon when completing GHG inventories and forecasts. Therefore, Rincon has developed clear and easy to follow calculation tools and reports that allow our inventories to be replicated in the future by referencing al l our data, assumptions, and methodologies. As part of the inventory update, Rincon will provide a completed copy of our inventory tool, which will contain all activity data, emissions factors, emissions data, and references for methodologies , as well as easy -to-read summary tabs. As part of this task Rincon assumes a draft inventory tool and technical report will be provided to the City for one round of review before a final tool and report are provided.
Rincon understands that the City would like to use the ICLEI Clear Path reporting tool. Based on our experience with Clear Path , we have found that it can be difficult to extract the necessary data from Clear Path for future inventories due to the lack of transparency of the calculations. Therefore, Rincon will use our in-house inventory quantification tool to complete the inventory. Rincon can then upload the report data to Clear Path, if desired by the City. Rincon has also provided an optional task (Optional Task 9 CAAP Implementation) to include CAPDash, our custom-built climate action and implementation dashboard, which could be used in lieu of or alongside Clear Path as a way to communicate progress on climate action to the community.
Assumptions
• Rincon will calculate a current (e.g., 2022) emissions inventory. • The current emissions inventory year will be determined through consultation with the City based on available and reliable data.
• Rincon anticipates that the City Project Manager will be responsible for working with internal departments to retrieve the data requested in order to complete the current inventory. • One of the biweekly check-in meetings included in Task 1. 2 Project Management and Biweekly Meetings may be used to invite additional City staff who are collecting data to address any specific questions or provide additional clarity.
• Rincon has budgeted for receipt of one set of consolidated comments on each deliverable. Any additional revisions will be completed on a time and materials basis in accordance with our standard fee schedule (Section 5).
Deliverables
• Data Request Form
• Replica Tool Access
• Draft and Final Inventory Tool (community and municipal) • Draft and Final Inventory Memo (community and municipal)
6.b
Packet Pg. 52
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
12 Task 5.2 GHG Emissions Forecast
Once the inventory has been completed and reviewed by City staff, the Rincon Team will utilize our forecasting tool to draft both a business -as-usual (BAU) forecast and an adjusted forecast (which includes reductions from state legislation) of expected emi ssions broken down by emissions sector for 2030 and 2045. These years are suggestions based on the major milestone years of Senate Bill 32 and the 2022 Scoping Plan. The BAU forecast will include only population growth and projected land use changes. Rincon will work with the City to identify the best source for population, jobs, and land use change data and could include Santa Clara County data, California Department of Finance, and Regional Housing Needs Assessment numbers identified in Envision Campbell 6th Cycle 2023-2031 Housing Element.
Following calculation of the BAU forecasts, Rincon will calculate an “adjusted” forecast that will account for expected changes in regulations affecting the federal, state, and local level which include, emission factor changes due to increased carbon free electricity in SVCE’s grid mix, Low Carbon Fuel Standard, Pavley Clean Car Standards, Advanced Clean Cars Program, Renewables Portfolio Standard, Senate Bill 100, and Title 24. The Rincon Team will calculate how these regulations will affect the selected future year GHG emissions levels and produce a GHG emission forecast that accurately portrays future emissions growth and the quantity of GHG emissions that the City will be responsible for reducing to meet GHG reduction targets, which will be established as part of Task 5.3 GHG Reduction Targets. Rincon will provide a draft of the forecast tool and a detailed technical report for review to the City before incorporating feedback and developing a final version of each deliverable.
Assumptions
• Rincon has budgeted for receipt of one set of consolidated comments on each deliverable. Any additional revisions will be completed on a time and materials basis in accordance with our standard fee schedule (Section 5).
• Rincon will work with the City to identify the best source for population, jobs, and land use change data .
Deliverables
• Draft and Final Forecast Tool
• Draft and Final Technical Memorandum
Task 5.3 GHG Reduction Targets
Rincon will generate a Senate Bill 32 and a carbon neutrality target (identified in Executive Order B -55-18 and the 2022 Scoping Plan) GHG reduction targets. Rincon will produce both per capita and mass emission -based targets for the City to review. Per capita emissions targets are well established by the state through the 2017 and 2022 Scoping Plans and may provide a more accurate portrayal of Campbell’s emission changes over time due to the ability to normalize population fluxes. These per person estimates can also be translated into per service person (employees + population). A complete analysis of both options will be conducted and p resented to the City for approval. Rincon will generate minimum reduction targets for a qualified GHG reduction plan which includes a 40 percent reduction below 1990 levels by 2030 (S enate Bill 32) and carbon neutrality by 2045 (identified in Executive Order B-55-18 and the 2022 Scoping Plan) and/or 2050 based on City preferences .
These goals also align with the Paris Climate Change Agreement and the latest Intergovernmental Panel on Climate Change projections for remaining under 1.5 degrees C (carbon neutrality by midcentury). These science- based targets are currently considered best practice, and the minimum GHG reduction targets for consistency with the state. In addition, the City may wish to adopt more stringent targets based on the feasibility of the G HG reduction strategies. Rincon sees the goal setting process as iterative and to be informed by the measure development phase.
Assumptions
• Rincon anticipates that the targets will be consistent with current state recommendations, including Senate Bill 32 and Executive Order B-55-18
6.b
Packet Pg. 53
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Project Approach
Rincon Consultants, Inc. 13
Deliverables
• The GHG Reduction Targets will be included as part of the SPARQ Tool deliverable in Task 7.1 Draft Measures and Actions.
Task 6 Climate Adaptation Analysis
The first step to building community resilience to climate change is to understand vulnerability. Rincon will prepare a streamlined Campbell-specific climate change vulnerability analysis (CCVA) using Silicon Valley 2.0 and other data sources, as described in the subtasks below. The CCVA will include Climate Impact Mapping , which will show climate impact on vulnerably communities in Campbell using a suite of Equity Resilience Indicators.
Task 6.1 Climate Impact Mapping
A key component of the CCVA will be an evaluation of the potential for climate change to disproportionally impact vulnerable population groups (e.g., seniors, children, renters, linguistically isolated populations, etc.). This information will be used to help the City develop targeted policies and programs that support a more equitable and effective distribution of resilience benefits.
Example Social Vulnerability Map
Rincon prepared a social vulnerability index score for the City of Glendale as part of the Climate Change Vulnerability Assessment we prepared. The social vulnerability index was developed 31 population data indicators. Each indicator represents a characteristic that either increases a person’s physiological vulnerability to climate hazards or decreases the ability of an individual to prepare for, cope with or recover from climate hazards due to systemic inequities. Input was solicited from CBOs during focu s group meetings which helped to identify additional vulnerable neighborhoods at-risk, including those adjacent to freeways, arterials, and school districts. The census tracts shown in dark purple on the map are those with the highest proportions of vulnerable populations.
6.b
Packet Pg. 54
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
14 Rincon will evaluate the Social Vulnerability Index methodology deployed in the Silicon Valley 2.0, which identified one vulnerable census tract ( 6085506503) and augment the analysis with the latest in best practices. In addition, the Rincon and BluePoint Teams will engage the community to vet the updated methodology and preliminary findings and adjust the analysis based on community input as described below.
A critical aspect of identifying social vulnerability is engagement with community leaders and CBO s to establish an informed understanding of the nuances of vulnerability specific to climate change in Campbell. Task 2 Community Outreach and Engagement establishes a working relationship with community leaders and the public for implementation work, provide valuable “ ground-truthing” of climate impacts in the community, and helps to connect climate impacts with the primary issues of concern in different communities. This information will be solicited via Task 2.2 Advisory Board Engagement, Task 2.3 CBO Support, and Task 2.4 Community Engagement Meetings.
Assumptions
• The City will provide feedback on the draft social vulnerability map before they are used for engagement purposes.
Deliverables
• Administrative and Public Draft social vulnerability map (the final social vulnerability map will be provided as part of Task 6.2 Climate Change Vulnerability Assessment.) Task 6.2 Climate Change Vulnerability Assessment
In collaboration with City staff and in consultation with the Advisory Board, City Council, and community, the team will draft a summary CCVA that is built from existing assessments that includes Silicon Valley 2.0 (and upcoming updates), Resilient CA Adaptation Planning Resources and data, and the Santa Clara County Hazard Mitigation Plan. We anticipate that much of the information needed for the CC VA is available and needs to be focused on vulnerabilities that directly relate to the City’s vulnerable population groups , as identifi ed in Task 6.1 Climate Impact Mapping . Per the Request for Proposal (RFP), the CCVA will include detailed mapping demonstrating climate impacts on vulnerable City communities (see Task 6. 1 Climate Impact Mapping ) and define Equity Resilience Indicators that will help to inform Task 7 Project Management and help the City measure progress towards equity resilience outcomes . The CCVA summary will be prepared consistent with the latest (2020) California Adaptation Planning Guide, as described in California Government Code 65302(g) and the Office of Planning and Research’s General Plan Guidelines . The key findings of the CC VA will be presented to the community, Advisory Board, and City Council.
Assumptions
• The CCVA will be based on readily available information, such as from Silicon Valley 2.0 and Cal- Adapt. • Rincon has budgeted for receipt of one set of consolidated comments on each deliverable. Any additional revisions will be completed on a time-and-materials basis in accordance with our standard fee schedule (Section 5).
Deliverables
• CCVA Outline (interim deliverable)
• Draft and Final CCVA, including Equity Resilience Indicators
6.b
Packet Pg. 55
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Project Approach
Rincon Consultants, Inc. 15
Task 7 Measure and Action Development
Task 7.1 Draft Measures and Actions
Once the GHG emission reduction targets have been established and CCVA completed, the Rincon and BluePoint Teams will shift to developing specific adaptation and mitigation goals and measures that will allow the City to reach these targets. Rincon believes that climate mitigation and adaptation are inter-related and has developed a systems- based approach to addressing climate change , rather than separating mitigation and adaptation strategies. This approach allows the project team to identify actions that transform key community systems to be both carbon free and resilient through a wholistic approach. An example of this approach is illustrated in the figure below.
Example CAAP Systems
We will leverage our existing climate action planning toolkit to conduct this analysis. To support this process, Rincon has developed a suite of tools and assessment strategies to support what we have found to be the most critical portion of the CAAP development process.
Drawing on the collective outputs of the MAST Tool, GHG inventory and forecast, CCVA, and feedback from the
community and Advisory Group , the Rincon and BluePoint Teams will identify and recommend measures and actions
that will have the greatest positive impact on GHG emissions and climate resilience citywide.
During this phase, the Rincon Team will draw on our
experience developing CAPs for neighboring cities including Sunnyvale, Cupertino, and Santa Cruz. Through these
experiences we have identified the key measures that will allow the City to make substantial progress towards GHG reductions, while also increasing community resilience. Examples include the following:
Building Systems
• Retrofit existing buildings to be carbon-free and resilient to extreme heat and wildfires • Require decarbonized, safe, and resilient new buildings Mobility, Land Use, and Emergency Systems
• VMT reduction through convenient public transit and walkable neighborhoods • Electric vehicles
Urban Ecosystems
• Increase organics diversion
• Increase tree canopy to sequester carbon and protect communities most vulnerable to extreme heat Social and Governance Systems
• Culturally appropriate (e.g., in multiple languages and forms, such as online, brochure, and radio) evacuation and health alert messaging
• Establish resilience centers to provide refuge from poor air quality and extreme heat days These strategies have emerged as critical in the achievement of GHG emissions reduction and resilience goals.
6.b
Packet Pg. 56
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
16 Rincon will begin with these strategies and develop our in -house SPARQ tool. The SPARQ tool will allow Rincon and the City to quickly iterate on potential levels of implementation for each of the above strategies to find a level of implementation that will allow the County to meet its long-term GHG reduction targets.
Example SPARQ Tool
Rincon will develop a suite of actions that can be implemented to achieve the required reductions. The development of actions is the most complex portion of the work scope, requiring a careful balance between community feedback, cost -effectiveness, and feasibility. To aid in this process, Rincon has developed effectiveness and equity criteria to guide the process.
Effectiveness Criteria and Equity Guardrails
Rincon has also developed several key criteria that must be addressed in order to have the highest chance of implementation success. The key criteria include the following. • Education: engage and empower residents
• Structural Change: set institutional and policy framework to support proposed changes • Associated GHG Reductions: target emissions reductions for long-term sustainability and short-term air quality improvements
• Equity: provide inclusive participation in decision-making and equitable distribution of benefits across the community and avoid adverse impacts to climate vulnerable population groups • Connectivity: promote access to community groups and resources that are best positioned to lead implementation actions
• Economical: cost-effective efforts that benefit resilience and sustainability Every measure identified for the City should strive to have an action that aligns with each of the key pillars to maximize the implementation of the CAAP.
Rincon worked with the numerous cities, such as Berkeley and Santa Cru z, to develop an equity guardrail framework to assure equity analysis of all measures and actions and promote holistic implementation. This framework requires collaboration with the community and interested parties to identify the core impacts on equity that may be seen due to the implementation of GHG reduction and adaptation actions. Issues like increased costs, inequitable access to benefits, displacement, and others have been identifi ed in other communities. These concerns are then distilled into four or five equity guardrails that then serve as requirements against which GHG reduction and adaptation actions are analyzed against. The equity guardrails approach helps to ensure equity is included throughout the CAAP update in a transparent and holistic way.
During the Draft Measures and Actions phase, Rincon proposes to conduct up -to-five department-specific or interdepartmental virtual meetings to discuss the Draft Measures and Actions in depth. These meetings are critical to CAAP implementation and actions will depend on active coordination and collaboration with various City departments, divisions, and partner agencies including, but not limited to, Public Works Department, Finance
6.b
Packet Pg. 57
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Project Approach
Rincon Consultants, Inc. 17
Department, Recreation and Community Services, Police Department, Building Inspection Division, and Planning Division, Fire Services, and SVCE.
Assumptions
• The City will select measures and actions that can be supported by substantial evidence to achieve their goals.
• The City will schedule the department meetings and send invites to department leads • Department virtual calls will be up-to-1 hour, and up-to-two Rincon staff will attend and facilitate these calls.
• Rincon has budgeted for receipt of one set of consolidated City comments on each deliverable. Any additional revisions will be completed on a time-and-materials basis in accordance with our standard fee schedule (Section 5).
Deliverables
• SPARQ tool
• Up-to-five Department Specific Meetings (Rincon will provide a short slide deck, facilitate meetings, and provide meeting notes.)
• Administrative and Public Draft of Measures and Actions list Task 7.2 Final Measures and Actions
When the Public Draft Measures and Actions are ready (following City review of the Administrative Draft Measures and Actions) Rincon and BluePoint will conduct a second phase of engagement (as described in Task 2.2 Advisory Board Engagement, Task 2.3 CBO Support, Task 2.4 Community Engagement Meetings, and Optional Task 2.5 Community Conversations.
Information from this round of engagement will be used to finalize measures and actions for the CAAP. Rincon has a strong working relationship with BluePoint , which allows us to seamlessly align the outreach and measure/action development to balance community priorities with the development of implementable and impactful GHG reduction and adaptation measures and actions. Rincon will work collaboratively with BluePoint to refine the Public Measures and Actions based on community engagement. The final list of CAAP Measures and Actions will clearly detail key performance indicators (KPI).
Assumptions
• Rincon and BluePoint have budgeted for the time it takes to incorporate edits from one round of community feedback on the draft measures and actions, which would be received via Task 2.2 Advisory Board Engagement, Task 2.3 CBO Support, and Task 2.4 Community Engagement Meetings, and Optional Task 2.5 Community Conversations.
• Significant changes to measures and actions at this stage of the process could require additional research and quantification. This could impact the schedule and significant revisions at this stage will be completed on a time-and-materials basis in accordance with our standard fee schedule (Section 5).
Deliverables
• Final List of CAAP Measures and Actions
6.b
Packet Pg. 58
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
18 Task 8 CAAP Document
Task 8.1 Administrative Draft CAAP
Once a complete list of measures is
reviewed and approved and community ,
department, and City Council feedback
has been incorporated, the Rincon Team
will begin work on a draft CAAP. Rincon
proposes to develop a user friendly and
readable CAAP that leverages
infographics, photos, and other visuals
whenever possible and leaves all
technical documentation to the appendix.
The CAAP will include both near -term and
long-term reduction measures. The CA AP
will also set KPI s that will help define a
successful impl ementation of the C AAP
strategy, as well as measure progress
over time. These KPI’s will also be tracked
via CAPDash (see Optional Task 9 CAAP
Implementation).
One of the greatest challenges of designing a climate action planning document format is the need to convey complex topics clearly . The document needs to be easily accessible to a wide range of community members , while also containing detailed analysis, data, and specific actions. To solve this problem, the consultant team proposes to:
• Create a virtual Executive Summary that will contain interactive elements as well as infographics, photos, and high-level goals and projects associated with the CAAP. The virtual executive summary will take the form of a website and have links to both the main document and the CAPDash monitoring dashboard. • The main CAAP document will also be visually driven but also include the robust text necessary for a clear, and implementable CAAP.
• The third document is the technical appendix that will include a highly transparent review of the data, methodologies, and assumptions that went into the development of the forecast and measure quantification.
Together, these documents will provide actionable next steps and a long-term strategic framework for the City of Campbell to reach GHG reduction and resilience goals.
The CAAP will align with the City’s existing policies. The plan will provide a framework that reimagines the current systems —built, natural, and behavioral —as ones that are interconnected and mutually beneficial. The plan will also integrate measures that improve quality of life, build prosperity, and enhance community resilience. Specifically, the CAAP will accomplish the following. • Clearly explain the community’s climate challenges, and the challenges and opportunities it faces in meeting more ambitious climate adaptation and GHG reduction goals
• Serve as a mechanism to tie together the City’s existing and developing sustainability initiatives, strategies, and plans with the community’s goals
• Establish a set of cohesive and specific sustainability strategies, implementation plans, and metrics for regional and state strategies and initiatives • Activate and engage residents, businesses, and institutions with positive actions and tangible benefit Throughout the CAAP development
process, Rincon will work to find
synergies between adaptation and
mitigation measures. Many actions
including electrification, urban
greening, and local energy and water
use can help reduce GHG emissions
and make Campbell more resilient to
climate impacts. Within the CAAP, we
will work to unite these benefits to
provide an integrated plan that
maximizes co-benefits.
6.b
Packet Pg. 59
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Project Approach
Rincon Consultants, Inc. 19
• Be optimized for online viewing on the City’s website Assumptions
• All comments on the Administrative Draft CAAP will be provided to Rincon in one consolidated set from the City and Sustainability Commission.
Deliverables
• Word-based Administrative Draft CAAP, including implementation plan • Draft Website/Executive Summary
Task 8.2 Public Draft CAAP
After the Administrative Draft has been reviewed by City Staff and the community as part of Meeting #4 under Task 3.1 City Council Meetings (5) and Ad Hoc Subcommittee Meetings, Rincon will start addressing comments and preparing the Public Draft CAAP . Rincon will provide a After one round of consolidated comments, Rincon will develop the Public Draft CAAP (InDesign).
Assumptions
• Rincon will respond to comments of up-to-five substantive public comment letters and emails.
Deliverables
• InDesign Public Draft
Task 8.3 Final CAAP
After the public review period Rincon will address public comments and provide the Final CAAP in a visually appealing report in InDesign and PDF format.
Assumptions
• No hard copies will be provided.
• Comments will not be substantive or extensive.
Deliverables
• InDesign Final CAAP
• Final Website/Executive Summary
Task 8.4 CAAP Document GIS Services
Rincon’s Geographic Information Systems (GIS) team will provide clear and visually appealing maps for the CAAP document. Rincon anticipates that most of the maps for the project will have already been drafted in previous tasks (i.e., Task 6.1 Climate Impact Mapping); however, up-to-five additional maps are budgeted for in this stage to allow for additional map creation or map revisions.
Assumptions
• Up-to-five maps created (or revised) for the CAAP document Deliverables
• Maps will be included as part of the CAAP document in Task 8.1 Administrative Draft CAAP, Task 8.2 Public Draft CAAP, and Task 8.3 Final CAAP.
6.b
Packet Pg. 60
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
20 Optional Task 9 CAAP Implementation
Task 9.1 CAPDash Tracking Tool
Rincon offers the City the ability to utilize the Climate Action Planning Dashboard, CAPDash, our specialized in -house inventory calculation and implementation monitoring dashboard tool. Rincon’s fully automated web application, CAPDash, serves three purposes. First, to generate a transparent GHG inventory that is compliant with the Local Governments for Sustainability (ICLEI), U.S. Community Protocol for Accounting, and Reporting of Greenhouse Gas Emissions (U.S. Community Protocol) and can be updated on an annual basis by simply uploading activity data. This allows the City to actively track progress towards GHG reduction goals. Secondly, to track the implementation status of CAP measures. We can upload all final CAP measures into the tool and allow City staff to track activity data (kilowatts of solar installed, etc.) for each measure and monitor progress over time. Finally, the tool acts as an automatically updating dashboard which can be used internally to display data and generate reports for staff, but also to the public through a web-based dashboard. CAPDash allows City staff to evaluate real -time progress towards its CA AP goals and provide the implementation transparency to optimize CEQA streamlining under CEQA Guidelines Section 15183.5.
This tool was developed to streamline the GHG inventory process and provide a way for agencies to publicly display the inventory results, a key part of maintaining a defensible CA AP . CAPDash also minimizes the burden
of monitoring and reporting , while enabling City s taff to effectively utilize limited resources to implement CAP policies. The cost for CAPDash includes fully populating the CAPDash tool with GHG inventory data, CAAP measure and action data, a training session on CAPDash, and 5 years of server hosting. The Rincon Team will hold one virtual staff training on how to use th e CAPDash to effectively monitor CA AP implementation and progress over time. This training will focus on reviewing the implementation and monitoring tables of the CA AP, confirming department leads, and clarifying roles and responsibilities for measures and actions that overlap multiple departments.
CAPDash Implementation and Monitoring Dashboard Example
Assumptions
• Rincon will populate CAPDash with all activity data from the GHG inventory.
6.b
Packet Pg. 61
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Project Approach
Rincon Consultants, Inc. 21
• Rincon will provide one virtual CAPDash training (up-to-2 hours).
Deliverables
• CAPDash and automated report template
• Staff training for CAPDash
cap.rinconconsultants.com
6.b
Packet Pg. 62
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Identification of Information or Assistance
4 6.b
Packet Pg. 63
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) “Rincon Consultants reviewed our CAP strategy
details and developed our first CEQA GHG
Thresholds and Guidance. Despite the complexity
of the project, the entire team exceeded
expectations, met aggressive schedule needs,
and stayed on-budget. Kelsey Bennett in
particular has been a responsive, creative, and
excellent project manager. Rincon functioned as
a seamless extension of staff and allowed us to
be successful in completing our climate action
planning work.”
Chris Read, Sustainability Manager
City of San Luis Obispo
6.b
Packet Pg. 64
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
22 4 Identification of any Information or
Assistance
Rincon will need assistance from City staff for various reviews/feedback of documents, support to confirm data/advisory group attendees, and translation (if needed). These are detailed as Assumptions in Project Approach.
6.b
Packet Pg. 65
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Budget and Schedule
5 6.b
Packet Pg. 66
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) “It took a unique team to navigate Chico through
a controversial update of its Climate Action Plan,
especially during COVID-19. The global pandemic
posed numerous challenges, including ensuring
a sincere and robust public engagement program
and working with the City’s newly created Climate
Action Commission in a virtual space. Rincon not
only met, but exceeded, the City’s expectations.
The Rincon Team met all deadlines and always
with quality deliverables. I’ve worked with
myriad consultants over the past 20 years, and
Rincon stands out due to their responsiveness,
clear communication, quality writing, focus on
problem-solving, and overall professionalism.
Bottom line --- we’ll be using them again!”
Brendan Vieg, Community
Development Director
City of Chico
6.b
Packet Pg. 67
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Budget and Schedule
Rincon Consultants, Inc. 23
5 Budget and Schedule
Budget
Rate Hours Labor Budget
Direct
Expenses Total Budget
Task 1 Project Management 109.50 $22,891.50 $200.00 $23,091.50 Task 1.1 Project Kick-off
8.50 $1,877.50 $200.00 $2,077.50
Director $307 1.50 $460.50
Planner IV $211 3.00 $633.00
Planner III $196 4.00 $784.00
Sustainability
$200.00
Task 1.2 Project Management and Biweekly
Meetings
101.00 $21,014.00 $0.00 $21,014.00
Director $307 20.00 $6,140.00
Planner IV $211 40.00 $8,440.00
Planner III $196 23.00 $4,508.00
Administrative Assistant/Billing Specialist $107 18.00 $1,926.00
Task 2 Community Outreach and Engagement 96.00 $20,656.00 $61,899.99 $82,555.99 Task 2.1 Community Engagement Strategy
(BluePoint)
0.00 $0.00 $4,000.00 $4,000.00
Sustainability
$4,000.00
Task 2.1 Community Engagement Strategy
(Rincon)
10.00 $2,116.00 $0.00 $2,116.00
Director $307 1.00 $307.00
Planner IV $211 3.00 $633.00
Planner III $196 6.00 $1,176.00
Task 2.1 GIS Services for Community
Engagement Strategy
10.00 $1,670.00 $0.00 $1,670.00
GIS/CADD Specialist II $167 10.00 $1,670.00
Task 2.2 Advisory Board Engagement (6)
(BluePoint)
0.00 $0.00 $8,000.00 $8,000.00
Sustainability
$8,000.00
Task 2.2 Advisory Board Engagement (6)
(Rincon)
30.00 $6,726.00 $0.00 $6,726.00
Director $307 6.00 $1,842.00
Planner IV $211 12.00 $2,532.00
Planner III $196 12.00 $2,352.00
Task 2.3 CBO Support (BluePoint)
0.00 $0.00 $7,500.00 $7,500.00
Sustainability
$7,500.00
Task 2.3 CBO Support (Rincon)
16.00 $3,448.00 $17,400.00 $20,848.00
Director $307 2.00 $614.00
Planner IV $211 6.00 $1,266.00
Planner III $196 8.00 $1,568.00
Consultant (General)
$17,400.00
Task 2.4 Community Engagement Meetings (4)
(BluePoint)
0.00 $0.00 $10,000.00 $10,000.00
Sustainability
$10,000.00
Task 2.4 Community Engagement Meetings (4)
(Rincon)
18.00 $4,062.00 $0.00 $4,062.00
Director $307 4.00 $1,228.00
Planner IV $211 6.00 $1,266.00
Planner III $196 8.00 $1,568.00
6.b
Packet Pg. 68
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
24 Rate Hours Labor Budget
Direct
Expenses Total Budget
Optional Task 2.5 Community Conversations (8)
(BluePoint)
0.00 $0.00 $14,999.99 $14,999.99
Sustainability
$14,999.99
Optional Task 2.5 Community Conversations (8)
(Rincon)
12.00 $2,634.00 $0.00 $2,634.00
Director $307 2.00 $614.00
Planner IV $211 4.00 $844.00
Planner III $196 6.00 $1,176.00
Task 3 City Council Engagement 54.00 $12,126.00 $0.00 $12,126.00 Task 3.1 City Council Meetings (5) and Ad Hoc
Subcommittee Meetings (2)
54.00 $12,126.00 $0.00 $12,126.00
Director $307 12.00 $3,684.00
Planner IV $211 14.00 $2,954.00
Planner III $196 28.00 $5,488.00
Task 4 Existing Conditions 19.00 $3,865.00 $0.00 $3,865.00 Task 4.1 Measure Analysis and Success
Tracking (MAST) Tool
19.00 $3,865.00 $0.00 $3,865.00
Director $307 1.00 $307.00
Planner IV $211 2.00 $422.00
Planner III $196 16.00 $3,136.00
Task 5 Greenhouse Gas Analysis 148.00 $30,970.00 $0.00 $30,970.00 Task 5.1 GHG Emissions Inventory
80.00 $16,598.00 $0.00 $16,598.00
Director $307 8.00 $2,456.00
Planner IV $211 2.00 $422.00
Planner III $196 70.00 $13,720.00
Task 5.2 GHG Emissions Forecast
49.00 $10,174.00 $0.00 $10,174.00
Director $307 5.00 $1,535.00
Planner IV $211 1.00 $211.00
Planner III $196 43.00 $8,428.00
Task 5.3 GHG Reduction Targets
19.00 $4,198.00 $0.00 $4,198.00
Director $307 4.00 $1,228.00
Planner IV $211 2.00 $422.00
Planner III $196 13.00 $2,548.00
Task 6 Climate Adaptation Analysis 74.00 $13,610.00 $0.00 $13,610.00 Task 6.1 Climate Impact Mapping
18.00 $3,546.00 $0.00 $3,546.00
Director $307 2.00 $614.00
Planner IV $211 4.00 $844.00
Planner II $174 12.00 $2,088.00
Task 6.2 Climate Impact Mapping GIS Services
24.00 $4,008.00 $0.00 $4,008.00
GIS/CADD Specialist II $167 24.00 $4,008.00
Task 6.3 Climate Change Vulnerability
Assessment
32.00 $6,056.00 $0.00 $6,056.00
Director $307 2.00 $614.00
Planner IV $211 6.00 $1,266.00
Planner II $174 24.00 $4,176.00
6.b
Packet Pg. 69
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Budget and Schedule
Rincon Consultants, Inc. 25
Rate Hours Labor Budget
Direct
Expenses Total Budget
Task 7 Measure and Action Development 182.00 $38,174.00 $3,000.00 $38,174.00 Task 7.1 Draft Measures and Actions (Rincon)
130.00 $27,316.00 $0.00 $27,316.00
Director $307 16.00 $4,912.00
Senior Planner I $238 4.00 $952.00
Planner IV $211 28.00 $5,908.00
Planner III $196 58.00 $11,368.00
Planner II $174 24.00 $4,176.00
Task 7.1 Draft Measures and Actions
(BluePoint)
0.00 $0.00 $3,000.00 $3,000.00
Sustainability
$3,000.00
Task 7.2 Final Measures and Actions
52.00 $10,858.00 $0.00 $10,858.00
Director $307 6.00 $1,842.00
Senior Planner I $238 2.00 $476.00
Planner IV $211 12.00 $2,532.00
Planner III $196 20.00 $3,920.00
Planner II $174 12.00 $2,088.00
Task 8 CAAP Document 317.00 $59,967.00 $0.00 $59,967.00 Task 8.1 Administrative Draft CAAP
80.00 $16,706.00 $0.00 $16,706.00
Director $307 6.00 $1,842.00
Planner IV $211 24.00 $5,064.00
Planner III $196 50.00 $9,800.00
Task 8.2 Public Draft CAAP
128.00 $23,308.00 $0.00 $23,308.00
Director $307 10.00 $3,070.00
Planner IV $211 24.00 $5,064.00
Planner III $196 24.00 $4,704.00
Technical Editor $147 10.00 $1,470.00
GIS/CADD Specialist I $150 60.00 $9,000.00
Task 8.3 Final CAAP
84.00 $15,278.00 $0.00 $15,278.00
Director $307 4.00 $1,228.00
Planner IV $211 16.00 $3,376.00
Planner III $196 24.00 $4,704.00
Technical Editor $147 10.00 $1,470.00
GIS/CADD Specialist I $150 30.00 $4,500.00
Task 8.4 CAAP Document GIS Services
25.00 $4,675.00 $0.00 $4,675.00
Senior GIS Specialist $187 25.00 $4,675.00
Optional Task 9 CAAP Implementation 19.00 $4,168.00 $7,500.00 $11,668.00 Optional Task 9.1 CAPDash Tracking Tool
0.00 $0.00 $7,500.00 $7,500.00
CAPDash
$7,500.00
Optional Task 9.2 CAPDash Upload and Training
19.00 $4,168.00 $0.00 $4,168.00
Director $307 4.00 $1,228.00
Planner III $196 15.00 $2,940.00
Project Total 1,018.50 $206,427.50 $72,599.99 $279,027.49
Cost Summary Amount
Total Budget Excluding Optional Tasks $247,725.50
Community Engagement Budget
(Excluding Optional Tasks)
$64,922.00
Cost of Optional Tasks $29,301.99
Total Budget Including Optional Tasks $279,027.49
6.b
Packet Pg. 70
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
26 Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* January 1, 2024 – December 31, 2024 Senior Principal $319
Principal $307
Director $307
Senior Supervisor II $292
Supervisor I $272
Senior Professional II $255
Senior Professional I $238
Professional IV $211
Professional III $196
Professional II $174
Professional I $155
Associate III $130
Associate II $117
Associate I $109
Field Technician $94
Data Solutions Architect $196
Senior GIS Specialist $187
GIS/CADD Specialist II $167
GIS/CADD Specialist I $150
Technical Editor $147
Project Accountant $125
Billing Specialist $107
Publishing Specialist $120
Clerical $107
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $400.
Reimbursable Expenses
Direct Cost Rates
Photocopies – B/W $0.25 (single-sided), $0.45 (double-sided) Photocopies – Color $1.55 (single-sided), $3.10 (double-sided) Photocopies – 11” by 17” $0.55 (B/W), $3.40 (color)
Oversized Maps $8.50/square foot
Digital Production $15/CD, $20/flash drive
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-Road Vehicles* $150/day
* Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.
Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1, 2025.
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually requi red payment terms.
6.b
Packet Pg. 71
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Budget and Schedule
Rincon Consultants, Inc. 27
Equipment Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $160
Four Gas Monitor $137
Flame Ionization Detector $110
Photo Ionization Detector $82
Hand Auger Sampler $62
Water Level Indicator, DC Purge Pump $46
CAPDash $7,500
Natural Resources Field Equipment
UAS Drone $300
Spotting or Fiberoptic Scope $170
Pettersson Bat Ultrasound Detector/Recording Equipment $170 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $113 GPS (Submeter Accuracy) $67
Infrared Sensor Digital Camera or Computer Field Equipment $57 Scent Station $23
Laser Rangefinder/Altitude $11
Pitfall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.55/$0.55
Water and Marine Resources Equipment
Boat (20-foot Boston Whaler or Similar) $800
Multiparameter Sonde (Temperature, Conductivity, Turbidity, DO, pH) with GPS $170 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $62 Refractometer (Salinity) or Turbidity Meter $38
Large Block Nets $114
Minnow Trap $98
Net, Hand/Large Seine $57
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$114
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone)
$144
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$170
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $57 Underwater and Marine Sampling Gear (Photo/Video Camera, Scuba Equipment [Tanks, BCD, Regulators, Wetsuits, etc.])
$57/diver
Marine Field Package (Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$100
Insurance, Hazard, and Fees
Historic Research Fees $55
L&H Dive Insurance $57/diver
Level C Health and Safety $70/person
The Rincon T eam is prepared to begin the work program described in this proposal immediately upon authorization to proceed. Each Additional Advisory Board meeting (beyond the 6 that are scoped) will cost $2,400.
6.b
Packet Pg. 72
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
28 Schedule
2024 2025
Tasks February March April May June July August September October November December January February March April May June July August Task 1 Project Management
Task 1.1 Project Kickoff
Task 1.2 Project Management and Biweekly Meetings
Task 2 Community Outreach and Engagement
Task 2.1 Community Engagement Strategy
Task 2.2 Advisory Board Engagement (6) ◆ ◆ ◆ ◆ ◆ Task 2.3 CBO Support
Task 2.4 Community Engagement Meetings (4) ⚫ ⚫ ⚫ ⚫ Task 2.5 Community Conversations (8) (Optional) ❖ ❖ Task 3 City Council Engagement
Task 3.1 City Council Meetings (5) and Ad Hoc Subcommittee Meetings (2) Task 4 Existing Conditions
Task 4.1 Measure Analysis and Success Tracking Tool
Task 5 Greenhouse Gas Emissions
Task 5.1 GHG Emissions Inventory
Task 5.2 GHG Emissions Forecast
Task 5.3 GHG Reduction Targets
Task 6 Climate Adaptation Analysis
Task 6.1 Climate Impact Mapping
Task 6.2 Climate Change Vulnerability Assessment
Task 7 Measure and Action Development
Task 7.1 Draft Measures and Actions Task 7.2 Final Measures and Actions
Task 8 CAAP Document
Task 8.1 Admin Draft CAAP
Task 8.2 Public Draft CAAP
Task 8.3 Final CAAP
Task 8.4 CAAP Document GIS Services
Task 9 CAAP Implementation (Optional)
Task 9.1 CAPDash Tracking Tool
Key
Community Review
Work in Progress
City Review
Final Deliverable
Biweekly Meetings
Community Meetings ⚫
Advisory Board Engagement Meetings ◆
Community Conversations ❖
City Council Meetings
Subcommittee Meetings
Department Specific Meetings
6.b
Packet Pg. 73
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Budget and Schedule
Rincon Consultants, Inc. 29
This page intentionally left blank.
6.b
Packet Pg. 74
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Statement of Qualifications; Relevant
Experience
6 6.b
Packet Pg. 75
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) “Rincon Consultants helped the City of Carmel-
by-the-Sea develop its first Climate Adaptation
Plan. The Rincon team provided excellent support
throughout the planning process, providing
creative solutions tailored to the specific needs
of our town, including the use of effective
technology for community engagement during the
COVID shutdown, and responding thoughtfully
to the community feedback received. The team
also stayed on task and on schedule, providing
an attractive, easy-to-read, and actionable
Adaptation Plan that will make Carmel a more
resilient place. Camila and Ryan did a fantastic
job on this project, providing invaluable support
to our limited staff and Climate Committee.”
Agnes Martelet, Environmental
Compliance Manager
City of Carmel-by-the-Sea
6.b
Packet Pg. 76
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
30 6 Statement of Qualifications; Relevant
Experience
List of Project Experience
Rincon offers extensive experience providing climate action and adaptation planning services to California municipalities, and our team brings unique qualifications to assist with ensuring that projects will be managed in an efficient, transparent, and ethical manner. Our staff have experience managing, processing, and reviewing various types of projects ranging from simple to complex discretionary actions. Our clients have come to expect a high degree of interaction with community members and organizations , internal public agency staff, and decision-makers. As an environmental and engineering company, we provide extra insight into managing public involvement programs. A partial list of such clients with whom we are contracted for climate action and adaptation planning services includes the following.
Greenhouse Gas Inventory/Climate Action and Adaptation Plan Client List
Statewide GHG Inventory/Climate Action Plan Clients
1. City of Albany
2. City of Atascadero
3. City of Brawley
4. City of Berkeley
5. City of Beverly Hills
6. City of Burbank
7. City of Calexico
8. City of Calipatria
9. City of Camarillo
10. City of Carmel
11. City of Chico
12. City of Cupertino
13. City of Dublin
14. City of El Centro
15. City of Glendale
16. City of Grover Beach
17. City of Half Moon Bay
18. City of Hayward
19. City of Healdsburg
20. City of Heber
21. City of Holtville
22. City of Imperial
23. City of La Cañada
Flintridge
24. City of Laguna Beach
25. City of Lake Elsinore
26. City of Livermore
27. City of Montclair
28. City of Morro Bay
29. City of Pasadena
30. City of Paso Robles
31. City of Pismo Beach
32. City of Pleasanton
33. City of Rohnert Park
34. City of Sacramento
35. City of San Luis
Obispo
36. City of San Marcos
37. City of Santa Cruz
38. City of South
Pasadena
39. City of Sunnyvale
40. City of Thousand Oaks
41. City of Vista
42. City of Walnut
43. City of West
Hollywood
44. Calaveras County
45. Coachella Valley
Water District
46. Imperial County
47. Inland Empire Utilities
Agency
48. King County
49. Las Virgenes
Municipal Water
District
50. Merced County
51. The Metropolitan
Water District of
Southern California
52. San Bernardino Valley
Municipal Water
District
53. San Mateo County
54. Santa Barbara County
55. Santa Clara County
56. Santa Clarita Valley
Water Agency
57. Santa Cruz County
58. Sonoma County
59. Sonoma County
Regional Park
60. Port of Hueneme
61. Berkeley College
62. Lake Merritt College
63. Moorpark College
64. O
xnard College
65. Peralta Community
College
66. Stanford University
67. Ventura College
6.b
Packet Pg. 77
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Statement of Qualifications; Relevant Experience
Rincon Consultants, Inc. 31
City of Cupertino
Climate Action Plan Update, CAP Update/GHG Threshold CEQA, CEQA GHG Checklist, and CEQA GHG Thresholds and Guidance
Cupertino, California
Rincon led the team that assisted the City of
Cupertino in updating its Climate Action Plan (CAP).
The updated CAP provides the basis for prioritizing,
budgeting, implementing, and monitoring GHG
emission reduction strategies as the City strives to
reach carbon neutrality by 2045. Rincon peer
reviewed the City -prepared GHG inventories and
CCVAs, provided adaptation recommendations for
integration into the General Plan Safety Element
Update, prepared GHG forecasts and gap analysis
through 2045, developed a CE QA GHG Checklist
and CEQA GHG Thresholds for the City, and
prepared CEQA documentation for the CAP Update
and GHG Thresholds.
The Rincon Team, in conjunction with Cascadia Consulting Group , also assisted the City with an equitable outreach campaign related to the CAP Update. The engagement effort has involved public workshops, interested party meetings, and public surveys. In order to reach a wide range of interested parties and aspects of the community, including sensitive community areas, the team has also found creative ways of encouraging a wider segment of the population to participate in CAP Update visioning, including via provision of a stipend to encourage attendance and participation in related community engagement meetings .
Based on the GHG forecasts and gap analysis, as well as input from interested parties and the overall community regarding the CAP Update, Rincon assisted the City with development of a suite of GHG reduction measures, GHG reduction quantification and assessment of community co -benefits of such measures, and CAP Update document preparation.
Rincon is also leading development of a CEQA GHG Checklist for future CEQA streamlining related to City CEQA GHG emissions analyses and quantitative City CEQA GHG Thresholds. Furthermore, Rincon led the CAP Update/CEQA GHG Thresholds CEQA assessment (via preparation of a programmatic Initial Study -Negative Declaration). The CEQA environmental analysis focused on the potential physical environmental impacts that could result from implementation of the CAP Update measures and actions. Rincon also assisted the City with drafting California Assembly Bill 52 communication with local Native American T ribes materials for purposes of CAP Update CEQA assessment related to tribal cultural resources.
The City has also requested Rincon’s assistance with preparation of a Cupertino -specific CAP implementation tracking and monitoring tool (Rincon’s CAPDash tool). These various steps help to pave the way for CAP implementation. The Cupertino CAP Update was adopted and is a qualified GHG reduction plan in compliance with CEQA Guidelines 15183.5.
Reference Info:
Andre Duurvoort, Sustainability Manager
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
408-777-3362 | [email protected]
Dates: March 2021 – June 2023
Staff: Ryan Gardner (Director)
Camila Bobroff (Project Manager)
Cost: $178,000
6.b
Packet Pg. 78
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
32 Bay Area Air Quality Management District
Building Electrification
San Francisco, California
Rincon is leading a team of industry experts, including E3 and Willdan to provide technical support to the Bay Area Air Quality Management District ( BAAQMD) technical working group. This group is charged with identifying and solving hurdles associated with the upcoming Zero NO x thresholds. In this capacity Rincon is developing several whitepapers on installation costs, common technical hurdles, permitting, and labor force. Rincon is leveraging large datasets from TECH, BAYREN, and others to complete this an alysis, as well as conducting interviews with contractors and municipalities. The whitepapers will become part of the final deliverable to the BAAQMD Board in support of the continued implementation of the thresholds.
Reference Info:
Amy Dao, Senior Environmental Planner
Bay Area Air Quality Management District
375 Beale Street, Suite 600
San Francisco, California 94105
415-841-2045 | [email protected]
Dates: October 2023 - Present
Staff: Ryan Gardner (Principal-in-Charge)
Forest Abbott-Lum (Project Manager)
Lauren Collar (Analyst)
Cost: $98,000
County of Santa Cruz
Climate Action and Adaptation Plan
Santa Cruz County, California
Rincon assisted the County of Santa Cruz to develop a CAAP, with a focus on near -term strategy development. Rincon prepared a climate vulnerability assessment that assessed the potential climate impacts, including increases in temperature, more intense and frequent heat waves, more intense and
frequent droughts, higher frequency of catastrophic floods, and more severe and frequent wildfires, on people, infrastructure, and the environment. Rincon also developed priority adaptation measures to address the highest risk vulnerabilities and reduce GHG emissions. Measures include those that the County is directly responsible for implementing, as well as regional strategies that involve coordination across multiple interested parties . Rincon provided a GHG -emissions inventory, forecast, and targets in support of the CAAP. Furthermore, Rincon led a workgroup meeting with a diverse set of Santa Cruz County departments and staff to gain a better understanding of the impacts, vulnerabilities, and existing adaptive capacity in the county. Input from these interested parties was used to craft a set of adaptation strategies that center around community-specific vulnerabilities and concerns.
The CAAP mitigation and adaptation measures were evaluated against a set of customized equity guardrails that were developed to ensure actions do not present undue burdens on Santa Cruz’s most vulnerable populations, avoid displacement, and promote equitable access to economic, health, and safety benefits. Rincon developed web-based CAAP
content to enable better access to the plan and supporting analysis. The web -based content This project won the Climate Change
Business Journal (CCBJ) 2022
Technology Merit Award for Climate
Change Document
6.b
Packet Pg. 79
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Statement of Qualifications; Relevant Experience
Rincon Consultants, Inc. 33
includes interactive maps, figures, and tables, along with embedded surveys and videos. The web-based content provides a true “living document” that can be easily updated to reflect changing conditions. It will also enable the public to track and share the progress of certain implementation measures over time.
Reference Info:
Tatiana Brennan, Senior Administrative Analyst
County of Santa Cruz
701 Ocean Street, Suite 520
Santa Cruz, California 95062
831-454-3510 | [email protected]
Dates: April 2022 - Present
Staff: Ryan Gardner (Director)
Camila Bobroff (Project Manager)
Joanna Thelen (GHG Analyst)
Cost: $259,341
County of Santa Clara
Community Climate Action Roadmap
Santa Clara County, California
Rincon recently kicked off the County of Santa Clara’s
Community CAP Update with the County’s Office of
Sustainability. In addition to generating a baseline GHG inventory, the primary objective of the project will be to build an interactive cloud -based relationship map that identifies all the groups (cities, non -profits, and private sector entities) working on climate action planning within Santa Clara County, as well as their goals and core mission.
Once the primary goals, measures, and actions for these groups are identified, Rincon will then develop a suite of measures that the County can undertake to facilitate the achievement of these groups and the County’s own GHG
reduction targets. These reduction measures will include actions pertaining to active transportation, transit, buildings, waste, water, and sequestration.
Reference Info:
Breann Boyle, Sustainability Analyst
County of Santa Clara Office of Sustainability
2310 North 1st Street, Suite 106
San José, California 95131
408-993-4764 | [email protected]
Dates: August 2020 - Present
Staff: Ryan Gardner (Project Manager)
Forest Abbott-Lum (Assistant Project
Manager)
Joanna Thelen (GHGH Analyst)
Cost: $270,890
6.b
Packet Pg. 80
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Project Team
7 6.b
Packet Pg. 81
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) “We had a unique project that required a non-
standard approach, which Rincon Consultants
and Ryan Gardner in particular were able to
easily embrace and facilitate. They assisted us
with taking a fresh look at our initiative and then
re-designing it to better suite our objectives. The
key tools and program guide that resulted are
now integral to the project’s success.”
Winter Williams, Vice President
Community Bank of the Bay
6.b
Packet Pg. 82
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
34 7 Project Team
Team Organization
Illustrated below is the composition of our team.
Resumes for Key Personnel
Rincon has assembled a team of highly skilled environmental science and planning professionals who combine extensive technical qualifications and knowledge of CAAPs with several years of experience working in the region. Brief resumes for all key team members are included on the following pages.
6.b
Packet Pg. 83
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Project Team
Rincon Consultants, Inc. 35
Management Team
Ryan Gardner | Principal-in-Charge
Ryan Gardner serves as Rincon’s Director of Climate Action and Implementation with Rincon’s Sustainability Services Group. He is experienced in CAP development, GHG reporting and audits, life cycle analysis, green building strategies, carbon accounting, carbon sequestration, sustainable infrastructure, and the equity impacts of implementing these changes. Ryan has contributed to a variety of successful projects for w hich equity was the foundational consideration including the City of Berkeley Existing Building Electrification Strategy, which developed a suite of equity guardrails that functioned as a mechanism to center the plans development and incorporate community feedback in a meaningful way. Ryan also implemented Rincon’s first mini-grants, which are used to pay the community back for their contributions to the plan, building capacity at local non -profits and offsetting the costs of engagement by providing meals, travel, and childcare. In addition, Ryan is currently working on the City of Cupertino CAP a s well as the County of Santa Clara’s Community CAP. Ryan has worked with local communities and community leaders to develop CAP s, GHG inventories and forecasts, electrification plans, sustainability plans, and other projects for public and private clients across the state.
Camila Bobroff | Project Manager
Camila Bobroff is a Climate Planner and Project Manager with Rincon’s Environmental Planning and Sustainability Group. Camila has substantial experience with data analysis, GHG emissions inventories, and developing climate action measures and adaptation strategies. She is currently responsible for managing CAAPs, CCVAs, Carbon Inventories, and Safety Elements for jurisdictions across California. Currently, Camila is the Assistant Project Manager for the Sonoma County Regional Parks Climate Adaptation and Resiliency Plan where she is helping the team to implement an integrated approach to climate mitigation and adaptation planning and coordinating inter-departmental and agency meetings to measure and action development. In addition, Camila was the Assistant Project Manager for the City of Santa Cruz Climate Action Plan.
Forest Abbott-Lum | Assistant Project Manager
Forest Abbott-Lum has over 8 years of experience and focuses on the intersection of waste management and climate action. She utilizes her training as an industrial ecologist and expertise in climate change mitigation and adaptation to assist municipalities and regions in up dating GHG inventories and implementing their climate action plans. She has expertise in Life Cycle Analysis (LCA), sustainability planning, and material flow analysis. She has worked for public and private sector clients to bring forward sustainability projects ranging from a refrigerated warehouse decarbonization project for a grocery delivery startup, to a sustainable materials sourcing roadmap for a luxury fashion client based on textile LCA data. Forest is currently assisting Bay Area Air Quality Management District on the cost and technical challenges for zero -NOx (electric) space and water heating pursuant to Air District updated Rule 9 -4 and 9-6 establishing Zero NOx space and water heating across the Bay Area. She is also assistin g San Mateo County with updating their greenhouse gas inventories for Jurisdictions under thw County of San Mateo in support of their Regionally Integrated Climate Action Planning Suite (RICAPS).
6.b
Packet Pg. 84
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
36 Technical Team
Joanna Thelen | Greenhouse Gas Emissions
Joanna Thelen is an environmental scientist with expertise in LCA and brings 7 years of environmental research to the team at Rincon. As a Planner II within Rincon’s Environmental and Land Use Planning Group, she utilizes her technical expertise to conduct GHG inventor ies and impact assessments for carbon market applications and client system or product LCAs. Through her experiences she has developed an aptitude for learning and evaluating technologies and/or product system waste flows in a variety of fields. In additio n to her technical background, Joanna is experienced in applying biomimicry principles to assess sustainability at the business, system, or product level and construct biomimicry inspired improvement strategies.
Lauren Collar | Adaptation
Lauren Collar is a Climate Analyst within Rincon’s Environmental Planning and Sustainability Group. She has experience with climate adaptation and mitigation policy development, climate vulnerability and GHG technical data analysis, and technical writing. She is currently responsible for assisting in the preparation of Climate Vulnerability Assessments, Climate Adaptation Plans, CAPs, Climate Resilience Plans, GHG Inventories, GHG Reduction Plans, and Safety Elements.
Lauren is currently an assistant project manager for the Sonoma County Safety Element and Environmental Justice Element. She developed the climate change vulnerability assessment and crafted a series of micro survey and pop -event materials from the public on climate change impacts. Lauren is also serving as an analyst completing technical analysis on permitting challenges for zero -NOx (electric) space and water heating appliances, pursuant to the Bay Area Air Quality Management Dis trict's new rules. She is leading a series of interviews with Bay Area jurisdictions and drafting technical reports for the Air District. She is serving as the lead analyst for the City of Hayward Climate Action Plan & Safety Element, completing the GHG inventory, forecast, targets, reduction strategies, CAP document, and Safety Element update. For the City of San Leandro, she is serving as lead analyst in the update of the Safety Element.
Lia Soorenian | Urban Heat Lead
Lia Soorenian is a Sustainability Planner within Rincon’s Environmental Sciences, Planning and Sustainability Group. Lia’s experience includes climate risks related to extreme heat, flooding, and public health issues. They managed projects related to climate adaptation design, GIS data visualization, policy research, and community engagement in both the public sector and nongovernmental organizations. With a focus on equity and environmental justice, Lia has pushed for urban forestry strategies, green and gray infrastructure solutions, and sea-level rise/coastal storm surge improvements.
6.b
Packet Pg. 85
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Project Team
Rincon Consultants, Inc. 37
Andrew Johnson | Senior Wildfire Planner
Andrew Johnson is a Senior Wildfire Planner within Rincon’s Environmental Sciences, Planning and Sustainability Group. Andrew’s experience includes project planning, GIS, project design, budget management, project permitting, grant writing, implementation oversight, and sundry field data collection roles. He has managed broad ranging projects including fire and wildland fuel reduction, soil health improvement, erosion control, agricultural water use, stream restoration, fisheries habitat production, weed management, carbon farm planning and more.
Andrew has served as the co-chair of the San Luis Obispo Weed Management Area, represented the Upper Salinas -Las Tablas Resource Conservation District on the board of directors of the San Luis Obispo County Firesafe Council, and was the Central Coast Regional Representative of the Joint Forestry Subcommittee for the California Association of Resource Conservation Districts. Andrew led the development of the California Coastal Commission Public Works Plan for the northern coast of San Luis Obispo County. The adoption of this plan allowed for the use of the California Board of Forestry’s Cal-VTP Programmatic EIR as a tool for proactive fuels reduction and forest health in San Luis Obispo County.
Sub-consultants
Mindy Craig | Principal
Mindy Craig is the owner of BluePoint Planning and offers more than 25 years of experience providing policy and community planning, facilitation, and outreach and communications services to government organizations throughout California and the United States. She prov ides technical planning capabilities with extensive community and interested part y engagement and communication skills. Mindy is a dedicated and passionate professional interested and experienced in a range of areas aligned with the requirements in this RFP. Her small business has enabled her to be agile and work in more sectors and areas than a typical firm. Her projects vary from large -scale, state, and regional efforts with multiple sub -consultants and partners to smaller nonprofits or small communities. Her clients are generally government agencies, where she acts as an extension of staff, offering trusted expertise to assist on a broad range of complex planning and policy projects. As a principal- level consultant, Mindy is able to easily wo rk with all levels of personnel from administration staff and CEOs to commissioners and city managers. BluePoint Planning, with M indy as a lead, has led interested part y and community engagement programs for climate mitigation, adaptation and resilience for the U nited States Environmental Protection Agency/Feder Emergency Management Agency, Town of Windsor, County of Santa Clara's C AP, and the counties of Fresno and Madera’s Sustainable Corridors Plan to name a few. She is currently leading the planning, engagement, and development of the County Santa Barbara’s Adaptation Plan.
Allisia Sandoval | Project Associate
Allisia Sandoval is a project associate at BluePoint Planning who supports a wide range of projects, from equitable community outreach and engagement, and regional energy planning, to park system planning and climate -focused projects.
Allisia specializes in community outr each and is passionate about translating community voice and interested party input in all of her projects. Currently, Allisia is working closely with the City of Soledad to develop a comprehensive Parks and Recreation Master Plan, complet ing an actionable Strategic Plan for the Inland Regional Energy Network, and offering support on the Half Moon Bay Climate Adaptation Plan and the Parks, Recreation, and Open Space Master Plan for the City of Missoula.
Key Technical Staff Qualifications Summary Matrix
Detailed resumes for the individuals above are in Appendix A.
6.b
Packet Pg. 86
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) References
8 6.b
Packet Pg. 87
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) “Implementation of a CAP is critical in addressing
the effects of climate change. Rincon’s work with
the City has helped in reaching our reduction
goals and in developing outreach strategies to
communicate implementation objectives.”
John Conley, City Manager
City of Vista
6.b
Packet Pg. 88
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
38 8 References
Reference List
We invite you to contact any of the individuals listed below regarding our qualifications, skills, and project management.
City of Cupertino, Climate Action Plan Update, CAP Update/GHG Threshold CEQA, CEQA GHG Checklist, and CEQA GHG Thresholds and Guidance
Contact: Andre Duurvoort, Sustainability Manager
Address: 10300 Torre Avenue
Cupertino, California 95014
Phone: 408-777-3362
County of Santa Clara, Community Climate Action Roadmap Contact: Breann Boyle, Sustainability Analyst
Address: 2310 North 1st Street, Suite 106
San José, California 95131
Phone: 408-993-4764
County of San Mateo, Regional Climate Actions Planning Suite Contact: Avana Andrade, Senior Sustainability Specialist Address: 400 County Center
Redwood City, California 94063
Phone: 628-212-0105
6.b
Packet Pg. 89
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Conflict of Interest Statement
9 6.b
Packet Pg. 90
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) “Thank you for your fabulous work on our Climate
Action and Adaptation Plan. Your excellent
analysis of both GHG emissions and Climate
Vulnerabilities led us to easily recognize our
priority mitigation and adaptation policies. The
project sailed through adoption by our Board of
Supervisors in part, because, as our consultant,
you ensured that we were able to provide a
complete plan with all necessary analysis
and clear and implementable policies. We are
very pleased with the performance of Rincon
Consultants, your team has been responsive to
all requests and has done an excellent job of
coordinating the full workscope on schedule and
within budget. We look forward to continuing the
working relationship as we move into the policy
implementation phase.”
Tatiana Brennan, Senior
Administrative Analyst
County of Santa Cruz
6.b
Packet Pg. 91
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Conflict of Interest Statement
Rincon Consultants, Inc. 39
9 Conflict of Interest Statement
Rincon does not have any changes or concerns to express about the “Conflict of Interest” section found within the RFP.
6.b
Packet Pg. 92
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Comments on or Requested Changes to
Contract
10 6.b
Packet Pg. 93
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) “The Rincon Team made the development of
our updated Greenhouse Gas Reduction Plan
simple and designed the Plan to provide a set of
implementable measures that reflect the diverse
voices in our community in order to reduce
emissions, mitigate and adapt to climate change
risks, establish resilient neighborhoods, and
lead the way toward a more sustainable future.
They were very responsive collaborator in the
development of the plan with City staff and were
mindful of budget and timelines. Thanks!”
Karen Pan, Administrative Officer
City of Burbank
6.b
Packet Pg. 94
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) City of Campbell
Proposal for Climate Action and Adaptation Plan
40 10 Comments on or Requested Changes
to Contract
Rincon has no comments nor request any changes to the contract.
6.b
Packet Pg. 95
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP)
Appendix A
Resumes
6.b
Packet Pg. 96
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
EDUCATION
MESM, Energy and Climate,
Bren School of Environmental
Science and Management,
University of California,
Santa Barbara
BA, Biology, Kalamazoo
College, Kalamazoo, Michigan
CERTIFICATIONS/
REGISTRATIONS
Accredited Lead Greenhouse
Gas Verifier, California Air
Resource Board and
Washington Department of
Ecology
40-hour Hazardous Waste
Operations Emergency
Response (HAZWOPER)
Certification
AFFILIATIONS
LEED Accredited Professional
ISI Envision Sustainable
Professional
Member, Green Building
Association
YEARS OF
EXPERIENCE
12 Ryan Gardner, LEED AP, ENV SP
Principal-in-Charge
Ryan Gardner serves as Rincon’s Director of Climate Action and Implementation with Rincon’s Sustainability Services Group. He is experienced in climate action plan development, greenhouse gas reporting and audits, life cycle analysis, green building strate gies, carbon accounting, carbon sequestration, sustainable infrastructure, and the equity impacts of implementing these changes. Ryan has contributed to a variety of successful projects for which equity was the foundational consideration including the City of Berkeley Existing Building Electrification Strategy which developed a suite of equity guardrails that functioned as a mechanism to center the plans development and incorporate community feedback in a meaningful way. Ryan also implemented Rincon’s first mini-grants which are used to pay the community back for their contributions to the plan, building capacity at local non - profits and offsetting the costs of engagement by providing meals, travel, and childcare. Ryan is also leading the development of an Equitable Mobility Analysis for the Anaheim Transportation Network which will leverage transportation related big data paired to census data to explore how the current transportation system is utilized by low income and disadvantaged communities and identif y opportunities for improvement. In addition, Ryan has worked with local communities and community leaders to develop climate action plans, greenhouse gas inventories and forecasts, electrification plans, sustainability plans, and other projects for public and private clients across the state.
SELECT PROJECT EXPERIENCE
Lead Technical Analyst, County of San Mateo – RICAPS Program Greenhouse Gas Inventory Updates and Decarbonization Policy Strategic Support, San Mateo County
This project involves providing strategic guidance and support for the County of San Mateo’s RICAPS program, which runs a regional effort to reduce GHG emissions in the County. Ryan is currently serving as Lead technical analyst in support of services which include GHG inventory updates, monthly decarbonization webinar planning, as well as policy support for CAP implementation, with a focus on equitable building electrification.
Project Manager, City of Berkeley – Pathway to Clean Energy Plan, Berkeley Ryan is leading a team comprised of the City of Berkeley, Rocky Mountain Institute, and the Ecology Center developing an implementation plan to electrify 100% of Berkeley’s existing buildings before 2045. This first of its kind project leveraged the recent ban on natural gas in new construction recently passed by City Council. As part of the work scope, the team analyzed the technologies and policies required to electrify the existing building stock as well as the equity impacts of such an undertaking. Rincon developed a suite of equity guardrails in coordination with the community to limit the potential impacts of existing building electrification and help direct benefits to under -invested communities throughout the City. By using the tenants of targeted un iversalism Rincon and the project team was able to develop a plan that enjoyed unanimous support at city council and with the community.
6.b
Packet Pg. 97
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Ryan Gardner, LEED AP, ENV SP, Page 2
Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
Program Manager, County of Santa Clara – Climate Action Plan, Santa Clara Ryan serves as the program manager of the Santa Clara County Climate Action Plan which includes a countywide GHG inventory that not only covers unincorporated areas but each city within the County as well. The scope of work also includes a GHG forecast thr ough 2045 and GHG reduction targets. In addition to the development of GHG reduction measures Ryan is also working directly with the County and Green Info Network to build an interactive Network Relationship Map that will map all the sustainability and cli mate action related entities within the County.
The Network Relationship Map will include all the measures undertaken by each city as well as non -profit and for- profit partners. The final deliverable will be a strategic plan that highlights the key role th e County can play in connecting this vast network of climate action into a cohesive strategy working toward carbon neutrality.
Project Manager, City of Sacramento – General Plan/Climate Action Plan, Sacramento As part of a strategic update to Sacramento’s General Plan, Ryan is leading the development of an updated climate action plan that advances the ambitious goals of the Mayor and City to be a leader in climate action and adaptation.
The climate action plan i s being prepared with extensive involvement from the City, the residents and business community, and the Mayor’s Climate Commission, a stakeholder organization composed of public, private, and educational entities.
Project Manager, City of West Hollywood – GHG Inventory and Monitoring Plan, West Hollywood Ryan served as project manager in the development of a cloud -based implementation and monitoring tool for the City of West Hollywood and calculated an updated GHG inventory for 2016. The tool relies on forms, sheets, and dashboards to automatically calcula te both community and municipal emissions, generate data visualization, and populate an annual report, all by simply imputing data to one form. Rincon worked closely with the City of West Hollywood to develop the tool, which utilizes data that is easily ac cessible to the City to calculate progress on measures, rather than relying on what is easy to calculate. Rincon also worked with the various departments in the City to gain feedback on the tool and to gain a better understanding of the needs of each indiv idual department.
Rincon developed a sustainability report by collecting data from the utilities, third -party stakeholders, and the municipality.
Project Manager, City of Livermore – Climate Action Plan, Livermore Ryan is the project manager for the City of Livermore Climate Action and Adaptation Plan (CAAP). The Livermore CAAP is an update to the City’s existing plan and will serve as a pathway for the City to achieve its long term goal of carbon neutrality while preparing to adapt to a changing climate including impacts related to heat, water availability, wildfire, and smoke. The CAAP team is also coordinating heavily with the City of Livermore Climate Action Commission which is helping to guide the development of the plan. To allow the commissioners to dig deeper into the key topics around the CAAP, Rincon and the Commission has developed Ad Hoc committees who will review and provide additional feedback on an array of climate action and adaptation topics including specifics on how to implement the key strategies within their community. Ryan also managed the technical work related to the inventory and forecast and developed a list of GHG reduction and adaptation measures for the City as well as providing presentations to and managing feedback from City Council, Planning Commission, City Staff, and Climate Action Commission groups.
Climate Program Manager, The Metropolitan Water District of Southern California – Climate Action Plan, Various Counties/Cities, California
Ryan led an interdisciplinary team of consultants to complete Metropolitan’s first climate action plan. The CAP includes a pathway to carbon neutrality for Metropolitan and included a greenhouse gas inventory, forecast, and a carbon budget developed specif ically for water agencies as a solution to highly variable emissions. Ryan worked collaboratively with Metropolitan staff often working from the Union Station offices. The CAP also includes a complete implementation strategy, cost analysis, co-benefits, and greenhouse gas quantification.
Project Manager, City of Half Moon Bay – Development of Climate Action Planning Measures and Actions, Half Moon Bay
Ryan served as project manager supporting the development of climate action planning measures and actions for decarbonization across all sectors for the City of Half Moon Bay. This project involved the analysis of GHG reduction quantification for the build ing energy, waste, and transportation sectors, as well as tailoring recommendations for GHG reductions with the City’s local policy context in collaboration with City staff.
6.b
Packet Pg. 98
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
EDUCATION
MESM, Climate and Energy,
Bren School of Environmental
Science & Management,
University of California, Santa
Barbara
BA, Environmental Studies,
BS, Ecology and Evolutionary
Biology, University of
California, Santa Cruz
YEARS OF
EXPERIENCE
7 Camila Bobroff
Climate Project Manager
Camila Bobroff is a Climate Project Manager with Rincon’s Environmental Planning and Sustainability Group. Camila has substantial experience with data analysis, greenhouse gas emissions inventories, developing climate action measures and adaptation strategies, and managing Climate Action and Adaptation Plans . She is currently responsible for managing the preparation of Climate Action Plans, Climate Adaptation Plans, Climate Change Vulnerability Assessments, Carbon Inventories, and Safety Elements for jurisdictions across California.
SELECT PROJECT EXPERIENCE
Assistant Project Manager, City of Santa Cruz – Climate Action Plan Camila was the assistant project manager for the City of Santa Cruz Climate Action Plan Update. She led the greenhouse gas analysis, including forecasting and target setting. She also led the climate action strategy development for the plan and coordinated with BluePoint Planning to support a robust outreach and engagement process for the Climate Action Plan Update.
Climate Planner, County of San Mateo , Government Operations Client Action Plan and Community Climate Action Plan, San Mateo County Rincon and Cascadia are providing planning services for the San Mateo County Government Operations Climate Action Plan (GOCAP) and the Community Climate Action Plan (CCAP). Rincon is leading review of the County initial list of action ideas, recommending speci fic measures, and further defining each action item with specific targets and/or actions in order to identify potential metrics for each action item to a level that would allow for qualitative analysis. Camila conducted emissions forecasting analysis and r ecommended specific reduction measures to help the County reach carbon neutrality by 2035.
Climate Planner, City of Livermore – Climate Action Plan Update, Climate Vulnerability Assessment and Initial Study-Negative Declaration, Livermore This climate acti on plan was prepared for the City, as required by its new General Plan Climate Change Element and set a GHG emissions reduction goal of 15 percent below 2008 levels. The CAP provided actions related to transportation, building energy use, water consumption , wastewater treatment, and waste generation that the City can implement to meet the City’s goal and the State-mandated, 2020, GHG emissions reduction goal. Camila was responsible for developing the Climate Change Vulnerability Assessment for this project, which assessed localized climate impacts, sensitive populations and assets to those climate impacts, and the City’s adaptive capacity based on current policies and programs.
Climate Project Manager, City of Carmel – Climate Adaptation Strategy, Carmel Camila is assistant managing the City of Carmel’s adaptation strategy development.
This includes aligning the findings from the City’s Climate Change Vulnerability Assessment with adaptation-related policies that protect the City’s most vulnerable communities and assets. Camila is working closely with the City planner and the Climate Committee to develop an implementable adaptation strategy for the community.
6.b
Packet Pg. 99
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Camila Bobroff, Page 2
Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
Climate Planner, Metropolitan Water District of Southern California – Climate Action Plan, Los Angeles Camila prepared the carbon inventory for the Metropolitan Water District of Southern California Climate Action Plan.
She quantified carbon sinks and sources for seven counties in the Metropolitan Water District. Camila also identified measures for increasing carbon sequestration and estimated the costs associated with these carbon sequestration practices.
Assistant Project Manager, Santa Barbara – 2030 County Climate Action Plan and EIR Natural and Working Lands Component, Santa Barbara County
Camila is assistant managing the natural and working lands inventory for the Climate Action Plan. This includes calculating emissions from the natural and agricultural lands (also known as Natural and Working Lands). Rincon worked with the Bren School of Environmental Science and Management, University of California Santa Barbara (UCSB) to complete extensive research and reached out to experts in the respective fields to ensure the incorporation of the information found is appropriate and the methodology to calculate GHG emissions is accurate.
The Climate Action Plan is intended to facilitate the reduction of GHG emissions in a way that helps improve the public health and economy of the County through partnerships with the community providing resources for a more sustainable and equitable community. Camila also helped update the county-wide GHG emissions inventory.
Climate Planner, City of South Pasadena – Climate Action Plan, Los Angeles County Camila was the climate change planner responsible for prepa ring a public outreach plan for the City to use as they develop and implement their Climate Action Plan. The outreach plan discussed the types of outreach methods, number of public meetings, and the content of these meetings to gather public input regardin g the draft City of South Pasadena Climate Action Plan.
Climate Planner, County of Merced – Merced County Climate Action Plan, Merced County Camila is serving as a climate change planner for the Merced County Climate Action Plan. She conducted the vulnerability assessment related to greenhouse gas emissions in Merced County. She was also responsible for preparation of mitigation measures for reducing agriculture -related greenhouse gas emissions. Camila also contributed to the quantification of future greenh ouse gas emissions reductions assuming implementation of the mitigation measures proposed for the Climate Action Plan.
Verification Staff, Arcosa LWFP LLC – Arcosa Verification Services, Frazier Park Camila served as verification staff for Arcosa greenhou se gas verification. She reviewed the facility’s production system and methodology for greenhouse gas reporting. She reviewed the provided emissions data for consistency and accuracy and drafted the resulting report.
Assistant Project Manager, Contra Costa – Carbon Sequestration Feasibility Study, Santa Barbara County Camila is leading the technical analysis for the Contra Costa Carbon Sequestration Feasibility Study. This includes calculating carbon stored in natural and agricultural lands (also known as Natural and Working Lands) in a carbon stock analysis. Following the carbon stock analysis, the team will run TerraCount, a scenario planning tool, to model greenhouse gases and natural resource implications of different development patterns and management activities.
Planner, City of Rolling Hills – Safety Element Update Services, Rolling Hills Camila is working with the City of Rolling Hills staff and CAL FIRE staff to update the City’s Safety Element. Rolling Hills is a community completely within the Very High Fire Hazard Severity Zone. The Safety Element builds off the work the City recently completed to adopt Community Wildfire Protection Plan. Therefore, community engagement built off the relationships developed through that process, including close coordination with the City’s Block Captains. These community coor dinators and ambassadors provided targeted feedback related to existing conditions, specific concerns and issues, and policy recommendations. Camila worked closely with CAL FIRE and the Board of Forestry to refine the wildfire -related policies and programs and obtain final review of the Safety Element by the Board of Forestry.
Assistant Project Manager, City of Brea – Safety Element Update, Brea Camila worked with the City of Brea staff and CAL FIRE staff to update the City’s Safety Element. The City of Bre a has identified disadvantaged communities and fire hazard severity zones. To adequately address wildfire, Camila worked closely with CAL FIRE and the Board of Forestry to develop wildfire-related policies and programs, and obtain final review of the Safety Element by the Board of Forestry. Camila also developed environmental justice policies to address the inequitable distribution of pollution and associated health effects in low -income communities and communities of color.
6.b
Packet Pg. 100
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
EDUCATION
Master of Environmental
Management, Concentration
in Climate Policy & Industrial
Ecology, Yale School of the
Environment
BA, Mandarin Chinese and
Environmental Studies,
Bennington College
CERTIFICATIONS/
REGISTRATIONS
Organizational Greenhouse
Gas Accounting Workshop,
Greenhouse Gas Management
Institute
YEARS OF
EXPERIENCE
8 Forest Abbott-Lum
Planner III
Forest has over 8 years of experience and focuses on local government policy levers to catalyze climate action . She utilizes her training to assist local governments in implementing their climate action plans , specializing in new policy creation for building and transportation electrification . She has expertise in Life Cycle Analysis (LCA), sustainability planning, and material flow analysis. She has worked for public and private sector clients to bring forward sustainability projects ranging from running an industrial compost site for the City of New York to leading a refrigerated warehouse decarbonization project for a grocery delivery startup.
SELECT PROJECT EXPERIENCE
Analyst, Bay Area Air Quality Management District – Zero-NOx Space and Water Heating Analysis, Bay Area Region (9-county)
Forest is currently serving as an analyst completing technical analysis on the cost and technical challenges for zero- NOx (electric) space and water heating pursuant to Air District updated Rules 9 -4 and 9- 6 establishing Zero NOx space and water heating across the Bay Area by 2029, and 2027. This entails data and policy analysis of the building electrification space, drafting of technical reports, and assistance in leading and facilitating meetings with the Air District and subcontractors. The resulting reports will be used to inform the Implementa tion Working Group’s understanding of key implementation concerns for electrification of space and water heating across the Bay Area.
Planner, County of San Mateo – Greenhouse Gas Inventory Updates and Climate Action Plan Technical Support, San Mateo County
Forest is currently serving as a planner updating greenhouse gas inventories for Jurisdictions under the County of San Mateo in support of their Regionally Integrated Climate Action Planning Suite (RICAPS). Services include technical review of past GHG inventories and incorporation of new methodologies, as well as policy support for CAP implementation with a focus on new, and existing building electrification .
This position requires detailed understanding of GHG reporting methodology, California State clima te policy, and sectoral climate data (transportation, waste, water, electricity, natural gas) analysis and manipulation.
Planner, City of Glendale – Development of Building Electrification, Photovoltaic Infrastructure, and Electric Vehicle Charger Building Codes, Glendale Forest served as a planner supporting the development of reach codes for electrification of new construction, installation of photovoltaic infrastructure, and electric vehicle chargers for the City of Glendale. This project involved the analysis of best pr actices from other jurisdiction building codes, as well as technical, and legal writing for reach codes. The project also involved the writing of the codes in sync with Glendale’s specific building code language, as well as a technical writeup of geologic and seismic findings. She also assisted in public and internal outreach for the new codes, which ultimately passed City Council in November 2022.
Planner, City of San Mateo – Existing Building Decarbonization Strategy, San Mateo
This project involves crafting a policy framework based on GHG analysis, equity, effectiveness, and best policy practices to reduce emissions from the City of San Mateo’s built environment. Using best available building energy and cost data, Forest is part of the project team bringing forward best -fit building decarbonization policies for the City.
6.b
Packet Pg. 101
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Forest Abbott-Lum, Page 2
Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
Planner, City of Half Moon Bay - Development of Climate Action Planning Measures and Actions, Half Moon Bay Forest served as a planner supporting the development of climate action planning measures and actions for decarbonization across all sectors for the City of Half Moon Bay. This project involved the analysis of GHG reduction quantification for the building energy, waste, and transpor tation sectors, as well as tailoring recommendations for GHG reductions with the City’s local policy context in collaboration with City staff.
PREVIOUS PROJECT EXPERIENCE
Graduate Sustainability Consultant, Imperfect Foods – Refrigerated Warehouse Decarbonization, Remote Under a previous employer, Forest wrote renewable energy procurement recommendations for refrigerated warehouses, which were delivered to Sustainability Team leadership as part of Imperfect’s net zero carbon by 2030 commitment. She also delivered a short -list of renewable energy and renewable energy credit vendors, conducting supplier interviews and synthesizing recommendations based on local renewable market conditions.
Organics Recovery Coordinator – NYC Compost Project [Queens Botanical Garden], New York City Department of Sanitation, New York, New York
Under a previous employer, Forest conducted Mandarin language outreach for communities across Eastern Queens to support NYC’s Zero Waste by 2030 goals. She also co -ran a small-industrial compost site to process a borough - wide network of organics voluntarily dropped off by residents across the borough of Queens for composting. She co- ran the logistics of th ese organics drop -offs, and devised education and outreach strategies to boost resident engagement, and nonprofit engagement in hosting food scrap drop-off sites.
Business Innovation Intern, Symbrosia – Carbon Offset Strategy, Kailua-Kona, Hawaii Under a previous employer, Forest created a go- to-market strategy for Symbrosia’s carbon offset program (offsets are generated by feeding Symbrosia’s cultivated red algae to ruminants like dairy cows, reducing enteric methane emissions). She produced a financial analysis of revenue generated from carbon offsets based on organic & conventional dairy industry scenarios. She also engaged and solicited input from Hawaiian community advocates for a community engagement strategy. Additional responsibilities inclu ded drafting Generally Recognized as Safe (GRAS) compliance documentation for the Food and Drug Administration and conducting policy research on regulations for animal feed additives.
6.b
Packet Pg. 102
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
EDUCATION
MS, Mechanical Engineering,
Boston University
BS, Environmental Science,
University of Michigan
BS, Biopsychology, University
of Michigan
CERTIFICATIONS/
REGISTRATIONS
Biomimicry Masterclass,
Learn Biomimicry (2021)
Biomimicry Life’s Principles,
Learn Biomimicry (2021)
YEARS OF
EXPERIENCE
8 Joanna Thelen
Planner III
Joanna is an engineer and environmental scientist with expertise in Life Cycle Analysis (LCA) and brings 8 years of environmental research to the team at Rincon.
As a Planner III within Rincon’s Environmental and Land Use Planning Group, she utilizes her technical expertise to conduct GHG inventories and impact assessments for carbon market applications and client system or product LCAs. Through her experiences she has developed an aptitude for learning and evaluating technologies and/or product system waste flows in a variety of fields. In addition to her technical background, Joanna is experienced in applying biomimicry principles to assess sustainability at the business, system, or product level and construct biomimicry inspired improvement strategies.
SELECT PROJECT EXPERIENCE
Assistant Project Manager and Analyst, Babcock and Wilcox – Carbon Intensity Tool Development, Ohio
Joanna provided Carbon Analyst services developing a carbon intensity (CI) and scenario planning tool for Babcock and Wilcox’s emergent hydrogen fuel production technology according to LCFS scope and standards to support the company’s planning for future m arket entry. Services included construction of a company - specific tool based on GREET Model hydrogen production scope emissions, integrated functionality for assessing the CI of different operational scenarios, and quantification of potential LCFS credit generation.
Assistant Project Manager and Analyst, City of Santa Cruz – Community Greenhouse Gas Inventory Assessment, Santa Cruz
Joanna served as an analyst developing GHG emissions inventories, forecasts, and an emissions reduction quantification tool used to develop the County of Santa Cruz’s Climate Action and Adaptation Plan (CAAP). She also served as assistant project manager developing the County’s first online CAAP GIS story map. Services included a review of previous GHG inventories for consistency with current methodologies, data management and GHG sector quantification according to ICLEI standards, GHG forecasting of busine ss-as-usual, state and federal action, and emissions target scenarios, development of an interactive tool used to assess potential emissions reductions, and development of online CAAP content.
Analyst, City of Camarillo – Community and Municipal Greenhouse Gas Inventory Assessment, Camarillo
Joanna is currently serving as an analyst developing GHG emissions inventories, forecasts, and an emissions reduction quantification tool used to develop the City of Camarillo’s Climate Action Plan (CAP). Services include a review of previous GHG inventories for consistency with current methodologies, data management and GHG sector quantification according to ICLEI standards, GHG forecasting of business-as- usual, state and federal action, and emissions target scenarios, and development of an interactive too
l used to assess potential emissions reductions, and
summarizing calculation methodologies in a technical report.
Analyst, County of Santa Clara – Agricultural Greenhouse Gas Inventory Assessment, Santa Clara
Joanna is currently serving as an analyst developing GHG emissions inventories and forecasts for Santa Clara County’s agricultural GHG inventory. Services include scope assessment according to CARB methodology, data management, agricultural GHG emissions quantification according to CARB best practices, and summarizing calculation methodologies in a technical report.
6.b
Packet Pg. 103
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Joanna Thelen, Page 2
Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
Analyst, City of Pasadena – Community and Municipal Greenhouse Gas Inventory Assessment, Pasadena Joanna is currently serving as an analyst developing GHG emissions inventories, forecasts, and an emissions reduction quantification tool used to develop the City of Pasadena’s Climate Action Plan (CAP). Services include a review of previous GHG inventories for consistency with current methodologies, data management and GHG sector quantification according to ICLEI standards, GHG forecasting of business -as-usual, state and federal action, and emissions target scenarios, and development of an interactive tool used to assess potential emissions reductions, and summarizing calculation methodologies in a technical report.
Analyst, Viroment – Carbon Credit Market and 45Q Tax Credit Assessments and Applications, Nebraska Joanna is currently serving as a Carbon Analyst assessing the greenhouse gas emissions associated with Viroment’s unique swine manure management system for purposes of LCA development, Verified Carbon Standard (VCS) market entry, and 45Q tax credits. Servi ces include review of site -specific data, data analysis, review of VCS approved methodologies, development of combined VCS methodologies for accurate project representation and GHG calculations, and determination of mass balance calculations for 45Q applic ation. This position also requires detailed understanding of technical operations of Viroment’s system to ensure accurate GHG assessment and reporting.
Analyst, DevyStreaming – Carbon Credit Market, New Mexico Joanna is currently working with DevvStreaming as a Carbon Analyst to assist in identifying viable carbon credit and alternative crediting pathways for projects of interest to the client. Joanna is responsible for reviewing voluntary carbon market rules an d regulations, researching available methodologies per project descriptions, and investigating alternative crediting, tax, or rebate programs that may be available per project. Additional responsibilities include report writing and preliminary assessments of project applicability to a given program.
Analyst, Devvio – Life Cycle Assessment of Blockchain Operations, New Mexico Joanna is serving as a Carbon Analyst to conduct a Life Cycle Assessment on the greenhouse gas emissions from Devvio’s blockchain technology for purposes of comparative analysis. Responsibilities include sample data assessment and analyzation, collecting and standardizing competitor reported data, and technical report writing.
6.b
Packet Pg. 104
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
EDUCATION
BA, Environmental Science,
Sustainability, Willamette
University
YEARS OF
EXPERIENCE
4 Lauren Collar
Climate Analyst
Lauren Collar is a Climate Analyst within Rincon’s Environmental Planning and Sustainability Group. Lauren has experience with climate adaptation and mitigation policy development, GHG inventories and forecasts, data analysis, and technical writing. She is currently responsible for assisting in the preparation of Climate Change Vulnerability Assessments, Clima
te Adaptation Plans, Safety Elements,
Climate Action Plans, GHG Inventories, GHG Reduction Plans, and Sustainability Plans.
SELECT PROJECT EXPERIENCE
Climate Analyst , County of Santa Cruz – Climate Action and Adaptation Plan, Santa Cruz County
Lauren is serving as a climate analyst for the County of Santa Cruz’s Climate Action and Adaptation Plan. She led the development of the Climate Change Vulnerability Assessment. For the Climate Change Vulnerability Assessment, she assessed localized climat e impacts, sensitive assets and populations to those climate impacts, and the County’s adaptive capacity based on current policies and programs. She also assisted the development of the Climate Action and Adaptation Plans equity guardrails.
Assistant Project Manager, County of Sonoma – Safety Element and Environmental Justice Element Update, Sonoma County
Lauren is serving as the assistant project manager for the Sonoma County Safety Element and Environmental Justice Element update. She’s assisted with outreach and engagement efforts that aim to foster community ownership of updated elements and policies. She developed the climate change vulnerability assessment and crafted a series of micro survey and pop -event materials to elicit information from the public on climate change impacts and environmental justice concerns.
Climate Analyst, City of Hayward – Climate Action Plan, Hayward Lauren served as lead climate analyst for the City of Hayward Climate Action Plan.
She is responsible for the GHG inventory forecast and GHG reduction measures development. She is preparing mitigation measures, quantifying GHG emission reduction strategies, and developing the Climate Action Plan document.
Climate Analyst, City of St. Helena – Safety Element Update, St. Helena Lauren served climate analyst for the St. Helena Safety Element Update and Climate Change Vulnerability Assessment. For the Safety Element update, she developed policies on climate change hazard adaptation, wildfire mitigation, and disaster and evacuation planning. She presented the Safety Element and Climate Change Vulnerability Assessment at Planning Commission and City Council Hearings, leading to a successful adoption.
Assistant Project Manager , Montecito Water District – Climate Action and Adaptation Plan, Santa Barbara County
Lauren is preparing a Climate Action & Adaptation Plan to reduce GHG emissions associated with water district activities and increase the resilience of the district’s systems to climate change impacts. She is currently preparing a GHG inventory and forecas
t, technical analysis of GHG reduction strategies, climate vulnerability assessment, climate adaptation measures, and a Climate Action & Adaptation Plan for board review and approval.
6.b
Packet Pg. 105
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Lauren Collar, Page 2
Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
Climate Analyst, Las Virgenes Municipal Water District – Climate Action and Adaptation Plan, Los Angeles County
Lauren is preparing a Climate Action & Adaptation Plan to reduce GHG emissions associated with water district activities and increase the resilience of the district’s systems to climate change impacts. She is currently preparing a GHG inventory and forecas t, technical analysis of GHG reduction strategies, climate vulnerability assessment, climate adaptation measures, and a Climate Action & Adaptation Plan for board review and approval.
Climate Analyst, Santa Clarita Valley Water Agency – Sustainability Plan, Santa Clarita Lauren is serving as lead climate analyst for the Santa Clarita Valley Water Agency Sustainability Plan. She is responsible for the development of GHG reduction strategies, leading GHG reduction measure quantification, and conducting a policy review to determine the effectiveness of previous GHG reduction measures.
Climate Analyst, County of Fresno – General Plan Update, Fresno County Lauren served as a climate analyst for the Fresno County Safety Element Update and Climate Vulnerability Assessment. For this project, Lauren assisted localized climate impacts, sensitive assets and populations to those climate impacts, and the County’s ad aptive capacity based on current policies and programs. She led the development of locally specific climate adaptation strategies.
Climate Analyst, City of Ventura – Climate Action and Resilience Plan, Ventura Lauren was responsible for developing a robust suite of climate adaptation policies and implementing measures to increase the City of Ventura’s resilience to climate change. The climate adaptation policies and actions center around outcomes of extreme heat resilience, wildfire mitigation, debris flow mitigation, flood mitigation, drought mitigation, sea level rise mitigation, community awareness, city capacity and coordination, and emergency response.
Climate Analyst, City of Carmel – Climate Adaptation Strategy, Carmel Lauren assisted in developing the City of Carmel’s adaptation strategy. She identified climate adaptation policies and measures aimed at increasing the resilience of the City of Carmel’s most vulnerable populations and assets.
Climate Analyst, County of Trinity – General Plan Update, Trinity County Lauren was responsible for developing Trinity County’s Climate Change Vulnerability Assessment. She prepared sections on localized climate impacts, sensitive population and assets to those impacts, and the County’s adaptive capacity based on current policies and programs.
Climate Analyst, City of San Fernando – Climate Action and Adaptation Plan, San Fernando Lauren prepared the first phase of the Climate Action & Adaptation Plan to reduce the City’s GHG emissions and increase the resilience of the City’s communities and assets. She prepared the climate vulnerability assessment and GHG inventory.
Climate Analyst, El Dorado County Transportation Commission – Greater Placerville Wildfire Evacuation Preparedness, Community Safety, and Resiliency Plan, El Dorado County Lauren served as climate analyst for the Greater Placerville Wildfire Evacuation Preparedness, Community, Safety, and Resilience Plan. She prepared an analysis of vulnerable community members and a policy documents and code review memo that outlined gaps in the City of Placerville’s and El Dorado County’s wildfire and evacuation regulatory framework. She is also assisting in engagement efforts with transportation, communication, power supply, and water supply stakeholders to identify opportunities to increase resilience.
6.b
Packet Pg. 106
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
EDUCATION
MS, Urban Planning, Columbia
University
BA, Environmental and Urban
Studies, Bard College
AFFLIATIONS
Adjunct Faculty, Urban
Planning Department
USC Sol Price School of Public
Policy
YEARS OF
EXPERIENCE
5 Lia Soorenian
Sustainability Planner
Lia is a Sustainability Planner within Rincon’s Environmental Sciences, Planning and Sustainability Group. Lia’s experience includes climate risks related to extreme heat, flooding, and public health issues. They managed projects related to climate adaptation design, GIS data visualization, policy research, and community engagement in both the public sector and NGOs. With a focus on equity and environmental justice, Lia has pushed for urban forestry strategies, green and gray infrastructure solutions, and sea level rise/coastal storm surge improvements.
SELECT PROJECT EXPERIENCE
Project Manager, City of Glendale – CAAP, Glendale
The City of Glendale is preparing a Climate Action and Adaptation Plan to coordinate the City’s sustainable initiatives in a streamlined way to demonstrate both how far the City has come over the past decade, and prepare a thoughtful roadmap to achieve carbon neutrality by the middle of the century and increase resilience to the negative effects of climate change. Lia will lead the Safety Element update and engage with the community directly, by attending pop -up events and community workshops to solicit input on adaptation strategies.
Sustainability Planner, Monterey Park – Sustainability Plan, Monterey Park The City of Monterey Park has developed a Sustainability Plan that establishes a roadmap for a more sustainable future and to begin reducing greenhouse gas (GHG) emissions, increase adaptive capacity, and foster a healthier, more equitable City for all. To develop transparency around the prioritization of these investments, Lia will assemble a technical analysis, which details the estimated cost tiers (i.e., no - cost, low cost, moderate cost, or high cost) associated with the implementation of each of the 22 identified Goals in the Sustainability Plan.
PREVIOUS PROJECT EXPERIENCE
Policy & Research Associate, TreePeople – LAUSD Living Schoolyards, Los Angeles
Under a previous employer, Lia partnered with LAUSD and worked with ten school campuses to identify strategies to improve flooding issues and address extreme heat. Worked with consultants and LAUSD principals to conduct site visits and produce recommendations for green infrastructure solutions.
Policy & Research Associate, TreePeople – Urban Forest Management Plan, Los Angeles
Under a previous employer, Lia c oordinated with the City of San Fernando, City of Huntington Park, City of Paramount, to produce Urban Forest Management Plans (UFMP) and identify areas with low amount of tree canopy and tree plantings.
Produced map and community engagement materials to illustrate the city’s tree distribution and identify areas vulnerable to extreme heat.
Project Planner, NYC Parks Department – East Harlem Vision Plan, New York Under a previous employer, Lia s upported the development of the East Harlem Vision plan to develop recommendations for a stronger and safer community in the face of a changing climate. Produced community engagement materials and represented NYC Parks to facilitate workshops and gather community input to further neighborhood resiliency. Partnered with consultants, public agencies, and community groups such as public housing leaders to fortify climate resilience in the neighborhood. The plan includes a menu o f recommendations : to reduce the risk from stormwater flooding, to create resilient public spaces, and to address increasing extreme heat events.
6.b
Packet Pg. 107
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
EDUCATION
BS, Forestry and Natural
Resources Management,
Concentration in Sustainable
Timber Management,
California Polytechnic
University, San Luis Obispo
CERTIFICATIONS/
REGISTRATIONS
ISA Certified Arborist
(#WE-9378A)
California Rapid Assessment
Method (CRAM)
California Licensed Foresters
Association - Associate
Member
PERMITS
CDFW – LSA
USACE - 404
RWQCB - 401
CCC – PWP
YEARS OF
EXPERIENCE
18 Andrew Johnson
Senior Wildfire Planner
Andrew is a Senior Wildfire Planner within Rincon’s Environmental Sciences, Planning and Sustainability Group. Andrew’s experience includes project planning, project design, budget management, permitting, grant writing, implementation oversight, GIS, and sundry field data collection roles. He has managed broad ranging projects including fire and wildland fuel management, soil health improvement, erosion control, agricultural water use, stream restoration, fisheries habitat production, weed management, carbon farm planning and more.
Andrew has served as the co-chair of the San Luis Obispo Weed Management Area, represented the Upper Salinas -Las Tablas Resource Conservation District (US - LTRCD) on the board of directors of the San Luis Obispo County Firesafe Council, and was the Central Coast Regional Representative of the Joint Forestry Subcommittee for the California Association of Resource Conservation Districts.
Andrew led the development of the California Coastal Commission Public Works Plan for the northern coast of San Luis Obispo County. The adoption of this plan allowed for the use of the California Board of Forestry’s Cal- VTP Programmatic Environmental Impact Report as a tool for proactive fuels reduction and forest health in San Luis Obispo County.
SELECT PROJECT EXPERIENCE
Senior Wildfire Planner, Ventura Regional Fire Safe Council – Ventura County Community Wildfire Protection Plan, Ventura County
Andrew conducted a technical and substantive peer review of the existing draft CWPP for the Ventura Regional Fire Safe Council. His thoroughly researched and detailed assessment outlined specific areas of need and provided direction for redrafting the plan
. He and the Rincon Wildfire Planning team subsequently developed a modern and comprehensive Community Wildfire Protection Plan to serve the County of Ventura’s wildfire resilience efforts. The team’s initial efforts were awarded with an extended contract to revise and draft six more CWPPs for communities within Ventura County.
Program Manage r, Upper Salinas -Las Tablas Resource Conservation District – Forest Health and Fire Resilience Public Works Plan, San Luis Obispo County As the Program Manager of the US -LTRCD Fire Prevention and Forest Health Program Andrew spearheaded the development of the Public Works Plan (PWP) to facilitate the use of the California Vegetation Treatment Program (CalVTP) Programmatic EIR in the Coastal Zone of San Luis Obispo County. He teamed with local CAL FIRE, Firesafe Council, and Registered Professional Forester partners to tailor the PWP for the region. Andrew led the public outreach on behalf of the US - LTRCD and served as the point of contact fo r Coastal Commission Staff. The PWP was unanimously adopted by the California Coastal Commission Board of Directors in October of 2021.
Project Manager , Upper Salinas -Las Tablas Resource Conservation District – Jada Vineyard Wildland Fuel Reduction, Paso Robles
While with the US-LTRCD Andrew tenaciously sought grant funding over the course of four years to assist a private landowner with a forest health and fuel reduction project. Upon acquiring funding, he developed the fuel modification prescription and oversaw implementation of the project while managing project budgets, reporting, permitting, nesting bird survey, CEQA and public outreach.
6.b
Packet Pg. 108
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Andrew Johnson, Page 2
Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
Associate Biologist, Resolute Associates – Nesting Bird Survey, San Luis Obispo Fire Safe Council, San Luis Obispo County
Working as a contracted biologist for Resolute Associates, Andrew conducted over 400 hours of nesting bird survey and mapping for hazardous fuels reduction projects throughout the county. Work included extensive species identification, woodrat midden buffering, in field timber marking, coordination with County P ublic Works, permit compliance, crew training and oversight. A significant portion of this work was conducted in the Coastal Zone on a CalVTP implementation site.
Project Manager, Upper Salinas-Las Tablas Resource Conservation District – Four Elements Farm Carbon Farm Plan Atascadero
Andrew successfully sought grant funding from clothing company Patagonia to develop a Carbon Farm Plan for a 50-acre farm in the Santa Lucia Mountain range. The plan followed the Carbon Cycle Institute model to establish baseline operations and landowner goals while enumerating carbon sequestration possibilities within the property.
Development of this CFP was a natural follow up project with the landowners after he successfully teamed to write a CDFA Healthy Soils Program Incentive Grant for the property in the previous year.
Arborist, Caltrans – Centennial Park Tree Survey, Paso Robles As an ISA certified arborist and approved arborist for the city of Paso Robles Andrew conducted the Centennial Park tree survey prior to significant riparian restoration efforts in the park. His report and mitigation recommendations were vital to Caltrans approval of engineered designs for the project. He worked with the city council to ensure all local tree ordinances were incorporated effectively.
Consulting Utility Forester III, Davey Resource Group – Various Projects, San Luis Obispo County Andrew worked as a contracting arborist to PG&E conducting field assessments of vegetation in proximity to electric infrastructure. Duties included botanical identification, hazard tree assessment, development of trimming prescriptions, public outreach, st aff training. Andrew also conducted timber cruises for Green Diamond Forestry in redwood and Douglas fir forests during this time.
6.b
Packet Pg. 109
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
EDUCATION
PhD, Sociocultural
Anthropology with a
Concentration in International
Development, Binghamton
University, New York
MRP, Master of Regional
Planning with a concentration
in International Development,
Cornell University
BA, Political Science with a
concentration in International
Relations, Swarthmore
College
YEARS OF
EXPERIENCE
32 Jane Clough, PhD
Equity Advisor
Dr. Clough is distinguished and highly -regarded intergovernmental liaison, international development, sustainability and equity specialist with extensive professional and academic experience in the domains of social equity, intergovernmental partnerships, Tribal Consultation, US -Mexico relations and border studies, policy research and analysis, grant analy sis and administration, international affairs, international development, and regional planning. She is fluent in Spanish.
PREVIOUS PROJECT EXPERIENCE
Senior Regional Planner, San Diego Association of Governments – Various Projects, San Diego
Jane served as a Senior Regional Planner at the San Diego Association of Governments (SANDAG). She developed, coordinated, and facilitated multiple frameworks that involved engaging with tribes, disadvantaged communities, and stakeholders such as the military. Her experience at SANDAG includes:
• Tribal Liaison : Jane facilitated the government -to-government framework for engaging tribal nations in the regional planning process. In 2007, an historic Memorandum of Understanding (MOU) was signed in which the Southern California Tribal Chairmen’s Association (SCTCA) joined the SANDAG Board of Directors and all of its Policy Advisory Committees as advisory members. Jane provided complex staff coordination for the Interagency Technical Working Group on Tribal Transportation Issues. She recently completed an early action from the 2015 Regional Plan to develop an Intraregional Tribal Transportation Strategy that captures
the mobility needs of area tribes and policy
recommendations.
• Project Manager for Social Equity Program: Jane developed and coordinated the Social Equity Analysis for the Regional Plan (San Diego Forward) including managing a network of community -based organizations tasked with engaging communities of color and low- income populations in the regional plannin g process. Social Equity program grew from five organizations with grants of $5,000 to 13 organizations (contracted for the entire cycle @ $20,000/yr) representing all environmental justice communities in the region and contributing to the design of both the Regional Plan and the Social Equity Analysis.
• San Diego Regional Military Working Group: Jane established and facilitated the exchange of information and concerns between the area military installations and the adjacent jurisdictions on land use compatibility and transportation. She coordinated grant-based project “Military Multimodal Access Strategy.” • Project Manager: Jane coordinated two phases of the Interregional Partnership with Southwestern Riverside with funding from Caltrans to develop an interregional strategy for sustainable development focused on jobs/housing balance, economic clusters, and innovative transportation solutions. • Bi-national Program. Under the supervision of the Borders Program Manager, Jane supported the coordination of the Borders Committee and the Committee on Binational Regional Opportunities (COBRO). She coordinated the 2004 Binational Summer Seminar between San Diego and Tijuana. That year’s theme was water issues.
6.b
Packet Pg. 110
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Jane Clough, PhD, Page 2
Rincon Consultants, Inc.
Environmental Scientists · Planners · Engineers
Director of Environment and Sustainable Development, Center for U.S.-Mexican Studies, University of California, San Diego – Various Projects, San Diego
Under a previous employer, Jane served as a m ember of academic staff responsible for developing research projects, coordinating conferences, and recruiting candidates for fellowships in the areas of environment, sustainable development, border studies, and environmental justice. She was also the academic coordinator of the weekly Research Seminar series. She r epresented the Center in various regional initiatives including Encuentro Fronterizo, the Regional Workbench Consortium, and EPA Border 2012.
Program Coordinator, Southwest Center for Environmental Research and Policy – Various Projects, San Diego Under a previous employer, Jane served as the Program Coordinator at Southwest Center for Environmental Research and Policy. Her experience includes:
• San Diego State University Foundation: Jane assisted the Managing Director in the administration of an applied research grant program ($2.5 million/yr) for binational consortium of 10 universities along the U.S. -Mexico border through cooperative agreement the USEPA. She was the p rincipal liaison with member universities, including Mexican partner institutions. Jane coordinated various working groups within the consortium involving various stakeholder groups.
Consultant, Various Clients – United Nations Development Program, Paraguay Office Under a previous employer, Jane served as Capacity 21 advisor for the UNDP assigned to the Secretariat of Technical Planning of the Presidency of the Republic of Paraguay, designed innovative strategy for citizen involvement in regional planning initiative for sustainable development. Developed concept, identified appropriate partners in non- governmental community, negotiated cooperative agreements between the government, NGO partners, and funding agencies. Coordinated collaborative regional planning initiative in two states through project task force made up of state and local officials, NGO partners, and funding agencies.
Project Director, Various Clients – Centro de Información y Recursos para el Desarrollo, Paraguay Under a previous employer, Jane served as Project Director. Jane d esigned, obtained funding (USAID), and implemented a community -based research project with citizen advocacy groups in four medium -sized counties, which included conducting focus groups and oral histories. Designed and directed the implementation of a household survey on citizenship and civic life conducted simultaneously in each municipal district. Trained, coordinated, and supervised a team of 16 interviewers.
Short Term Consultant, Various Clients – Interamerican Development Bank, Washington, DC Under a previous employer, Jane was c ontracted to develop “concept -based” small project loan package ($2.5 million) to strengthen the local economy in a watershed in Eastern Paraguay. Identified, screened, selected, and provided technical assistance to five community -based organizations benef iting traditionally marginalized populations (small farmers, women, and indigenous communities). Projects were evaluated and selected based on their potential for strengthening the economy through sustainable, gender se nsitive, and community -based approaches.
6.b
Packet Pg. 111
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Mindy Craig,
Principal-in-
Charge
Mindy is the owner
of BluePoint Planning
and offers over 25
years of experience
providing policy and
strategic planning,
facilitation, outreach
and communications, services to government
organizations throughout California and the United
States. She is a frequent speaker and presenter at
conferences nationally. Mindy provides technical
planning capabilities with extensive community and
stakeholder engagement and communication skills.
Mindy is a seasoned facilitator and communi-
cations professional with the ability to employ a
range of methods to get meaningful input - both
internal and external - into planning efforts, build
support, and educate stakeholders. In addition,
Mindy’s educational and professional background
has contributed to her ability to effectively
research and collect technical and quanti-
tative data and translate that into meaningful,
results-oriented documents, and layperson
communication materials to ensure effective buy in
and implementation.
Mindy is a dedicated and passionate professional
interested and experienced in a range of areas
aligned with the requirements in this RFP . Her small
business has enabled her to be agile and work in
more sectors and areas than a typical firm. Her
projects vary from large-scale, state and regional
efforts with multiple sub consultants and partners
to smaller non-profits or small communities.
Mindy’s clients are generally government agencies,
where she acts as an extension of staff, offering
trusted expertise to assist on a broad range of
complex planning and policy projects. She provides
a balance of organizational capabilities and content
knowledge allowing for the most effective project
management. As a principal level consultant,
Mindy is able to easily work with all levels of
personnel from administration staff and CEOs, to
Commissioner and City Managers.
Expertise
• 10 years Climate, Resilience, and Energy Planning
and Policy
• 25 + years Strategic Planning expertise for
government agencies
• 25 + years Facilitation and Stakeholder Engage-
ment, with large multifaceted groups related to
complex topics, in-person and virtually
• Equitable and inclusive outreach and engage-
ment
• Communications
• Community parks, recreation and open space
planner
• Lead for all of the projects referenced in the
submittal.
Organizations
• Board President, ReScape California, 2019-
current
• Founder and Project Lead, RAPID Climate Action
Network, 2020
• Former Board President, America Walks
• Former Member, Complete Streets National
Steering Committee
Affiliations
• American Planning Association
• National Parks and Recreation Association
• California Parks and Recreation Association
• Association of Adaptation Professionals (ASAP)
Education
• Bachelor of Arts, Social Science, Public Policy and
Social Change, University of California, Berkeley,
Graduated with High Honors.
6.b
Packet Pg. 112
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Allisia
Sandoval
Project Associate
Allisia Sandoval is a
Project Associate with
BluePoint Planning
working on a range of
projects, from equitable
community outreach
and engagement to
regional and state energy planning. In her current
role, Allisia is responsible for the day-to-day
support, communication, and timely progression
of projects. Allisia offers support by managing
project timelines and schedules, producing
draft deliverables of written documents, social
media content, newsletter material, etc., regular
communication, and designing accessible and
compelling materials for public engagement
activities.
Currently, Allisia is working with the City of
Soledad on completing a comprehensive Parks and
Recreation Master Plan to improve the accessibility,
usability, and connectivity of parks and recreation
facilities. Allisia is working closely with the city and the community to promote parks and community
gathering spaces as a system for all ages and
abilities.
Additionally, Allisia is also working with three Inland Empire Councils of Governments to support
and develop an actionable strategic plan for the
Inland Regional Energy Network (I-REN). This
plan will support I-REN in their mission to actively
participate in California’s Clean Energy initiatives
and build a stronger clean energy economy and
community.
Her other work includes the development of three
Joint Cooperation Memorandum for the Rural
Regional Energy Network (Rural REN) to improve
coordination and reduce customer confusion for
other Program Administrators across the Rural REN
service area; support on the Half Moon Bay Climate
Adaptation Plan effort to translate technical data
into accessible material to increase community
outreach and engagement; assisting in the redesign
of BayREN’s Single Family Program; and supporting
marketing efforts to improve water efficiency in the
Bay Area through BayREN’s Water Upgrades Save
program.
Relevant Project Experience
• Missoula Parks, Recreation, Open Space and T rails
Plan, Missoula, MT
• Parks and Recreation Master Plan, Soledad, CA
• I-REN 2023-2027 Strategic Plan, Inland Empire,
CA
• Rural REN Joint Cooperation Memorandum, Rural
Counties, CA
• Half Moon Bay Climate Adaptation Plan, Half Moon
Bay, CA
• BayREN 2024 Single Family Program Redesign,
Bay Area, CA
• BayREN, Water Upgrades $ave, Bay Area, CA
Prior Professional Work Experience
• Environmental Consultant, Grove Collaborative,
San Francisco, CA
• Administrative Support Specialist, University of
California, Berkeley, CA
Education
• Bachelor of Science in Conservation Resource
Studies with an emphasis in Environmental
Science and Economics, University of California,
Berkeley.
6.b
Packet Pg. 113
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) Carlsbad
2215 Faraday Avenue
Suite A
Carlsbad, California 92008
760-918-9444
Fresno
7080 North Whitney Avenue
Suite 101
Fresno, California 93720
559-228-9925
Los Angeles
250 East 1st Street
Suite 1400
Los Angeles, California 90012
213-788-4842
Monterey
80 Garden Court
Suite 240
Monterey, California 93940
831-333-0310
Oakland
449 15th Street
Suite 303
Oakland, California 94612
510-834-4455
Palm Springs
777 East Tahquitz Canyon Way
Suite 200-127
Palm Springs, California 92262
760-203-5120
Riverside
11801 Pierce Street
Suite 200
Riverside, California 92505
951-405-0979
Sacramento
4825 J Street
Suite 200
Sacramento, California 95819
916-706-137 4
San Diego
8825 Aero Drive
Suite 120
San Diego, California 92123
760-918-9444
San José
99 South Almaden Boulevard
San José, California 95113
408-577-3008
San Luis Obispo
1530 Monterey Street
Suite D
San Luis Obispo, California 93401
805-547-0900
Santa Barbara
319 East Carrillo Street
Suite 105
Santa Barbara, California 93101
805-319-4092
Ventura (headquarters)
180 North Ashwood Avenue
Ventura, California 93003
805-644-4455
Office Locations
6.b
Packet Pg. 114
Attachment: Proposal_Campbell CAAP_Rincon Consultants Inc (Approve Award of Contract - Climate Action RFP) 1 CITY OF CAMPBELL
CONSULTANT SERVICES AGREEMENT
This Agreement is entered into at Campbell, California on the ____________________ day of ______________, 2023, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and Rincon Consultants, Inc., (hereinafter referred to as "Consultant").
WHEREAS, City desires to obtain a service provider to provide services to develop a climate action and adaptation plan for a cost not to exceed $247,725.50; and WHEREAS, Consultant represents that it has the expertise, means, and ability to provide, evaluate and keep detailed records throughout the duration of the contract agreement; NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:
1. DUTIES OF CONSULTANT
1.1 Consultant agrees to perform services as set forth in Exhibit A - Scope of Services attached hereto and incorporated herein by reference, and which shall be interpreted together and in harmony with this Agreement. In the event of any conflict between Exhibit A and this Agreement, this Agreement shall govern, control, and take precedence.
1.2 Consultant’s project manager will meet with the City’s project coordinator prior to commencement of the project to establish a clear understanding of the working relationships, authorities, and management philosophy of City as it relates to this Agreement.
1.3 Consultant, working with the City, will gather available existing information concerning the project, and shall review documents as necessary for compliance with the project’s objectives.
1.4 In performance of this Agreement by Consultant, time will be of the essence.
1.5 Notwithstanding Section 1.4, Consultant shall not be responsible for delay caused by activities or factors beyond Consultant’s reasonable control, including delays or by reason of strikes, work slow-downs or stoppages, or acts of God.
1.6 Consultant agrees to perform this Agreement in accordance with the highest degree of skill and expertise exercised by members of Consultant’s profession working on similar projects under similar circumstances.
1.7 Consultant shall cooperate in good faith with City in all aspects of the performance of this Agreement.
1.8 In the course of the performance of this Agreement, Consultant shall act in the City’s best interest as it relates to the project.
6.c
Packet Pg. 115
Attachment: Contract_Campbell CAAP (Approve Award of Contract - Climate Action RFP) 2 1.9 All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.
1.10 The designated project manager for Consultant shall be . The Consultant’s project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of con tact with the City and the City’s project coordinator. The authorized principal of Consultant executing this Agreement for the Consultant shall have authority to make decisions regarding changes in services, termination and other matters related to the performance of this agreement on behalf of Consultant.
1.11 The Consultant (and its employees, agents, representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as officers or officials or employees or agents of the City. The City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Consultant meet specific standards consistent with the requirements of this Agreement without r egard to the manner and means of accomplishment thereof. Subcontractors shall assume all of the rights, obligations and liabilities, applicable to it as an independent contractor hereunder. Consultant represents and warrants that it (i) is fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equipped and organize d to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agreement. Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless th e City, its officers, officials, directors, agents representatives, volunteers, and employees against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.
1.12 This Agreement contains provisions that permit mutually acceptable changes in the scope, character or complexity of the work if such changes become desirable or necessary as the work progresses. Adjustments to the basis of payment and to the time for performance of the work, if any, shall be established by a written contract amendment (approved and executed by the City) to accommodate the changes in work.
2. DUTIES OF CITY
2.1 City shall furnish to Consultant all available and pertinent data and information requested by Consultant to facilitate the preparation of the documents called for in this Agreement.
Consultant shall be entitled to reasonably rely on accuracy and completeness of such information, provided that Consultant shall provide City prompt written notice of any known defects in such data and information.
2.2 City shall provide contract administration services. City shall notify Consultant of required administrative procedures and shall name representatives, if any, authorized to act in its behalf.
6.c
Packet Pg. 116
Attachment: Contract_Campbell CAAP (Approve Award of Contract - Climate Action RFP) 3 2.3 City shall review documents submitted by Consultant and shall render decisions pertaining thereto as promptly as reasonably possible.
3. COMPENSATION
3.1 For the full performance of the services described herein by Consultant, City agrees to compensate Consultant for all services and direct costs associated with the performance of the project in an amount not to exceed $247,725.50, as follows:
a. Once each month, Consultant shall submit for payment by City, an itemized invoice for services performed during the previous billing period. The invoice shall describe the services rendered and the title of the item of work and shall list labor hours by personnel classification. Said invoice shall be based on all labor and direct expense charges made for work performed on the project. Labor charges shall be in accordance with the fee schedule found in Exhibit A of this Agreement. City shall pay Consultan t for services rendered and approved by the City within 30 days from the date the itemized invoice is received by the City, subject to the maximum not to exceed amount specified above and the City’s right to object.
b. Direct costs are those outside costs incurred on or directly for the project and substantiated with invoices for the charges. Direct expenses include printing, reproduction, and delivery charges.
3.2 If Consultant incurs other costs which are not specifically covered by the terms of this Agreement, but which are necessary for performance of Consultant’s duties, City may approve payment for said costs if authorized in writing by the City in advance.
3.3 City may order changes in the scope or character of services in writing, including decreasing the amount of Consultant’s services. In the event that the work is decreased, Consultant is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change. Under no conditions shall Consultant make any changes to the work, either as additions or deductions, without the prior written order of the City. In the event, that the City determines that a change to the work or services from that specified in this Agreement is required, the contract time and/or actual costs reimbursable by the City for the project may be adjusted by contract amendment or change order to accommodate the changed work. The maximum not to exceed total amount specified in this Article 3 (Compensation) shall not be exceeded, unless authorized by written contract amendment or change order, approved and executed by the City.
Consultant shall obtain prior written approval for a revised fee schedu le from the City before exceeding such fee schedule. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.
3.4 In no event, will the Consultant be reimbursed for any costs or expenses at any rates that exceed the rates for set forth in the fee schedule found in Exhibit A.
3.5 Consultant agrees that the payments to Consultant specified in this Article 3 (Compensation) will constitute full and complete compensation for all obligations assumed by
6.c
Packet Pg. 117
Attachment: Contract_Campbell CAAP (Approve Award of Contract - Climate Action RFP) 4 Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.
4. SUBCONSULTANTS
4.1 Consultant may not subcontract any services required under this Agreement without the prior written consent of the City.
4.2 Consultant shall be responsible to City for the performance of any and all subconsultants who perform work under this contract, and any acts of negligence or misconduct on their part. Consultant is solely responsible for all payments due to subconsultants.
4.3 Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Campbell, its officers, officials, directors, agents’ representatives, volunteers, and employees as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.
4.4 If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract.
5. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings, documents, data, materials, photographs, negatives and other work products prepared by the Consultant and/or its subconsultants in the performance of the services encompassed in this Agreement (whether in printed or electronic format ) (“project -related documents and materials”) shall be the property of the City and may be used on this project without the consent of the Consultant or its subcontractors. City acknowledges that such drawings, documents, and other items are instruments of professional services intended for use only on the subject project. Consultant agrees that all copyrights which arise from creation of the Project - related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City.
Any and all project -related documents and materials including draft documents and materials related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein or applicable laws. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Consultant shall promptly provide to the City upon request, all finished and unfinished project-related documents and materials, produced or gathered by or on behalf of Consultant that are in Consultant’s possession, custody or control. Consultant may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City’s right to promptly receive and use such document s and materials which are the sole and exclusive property of the City.
6. TERMINATION
6.c
Packet Pg. 118
Attachment: Contract_Campbell CAAP (Approve Award of Contract - Climate Action RFP) 5 6.1 Notwithstanding any other provision of this Agreement, City may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to Consultant not less than 14 calendar days prior to an effective terminat ion date. In the event of such termination, Consultant shall have the right and obligation to immediately assemble the work then in progress for the purpose of completing the work and turning over all materials and documents to City.
6.2 In the event of such termination, Consultant shall be compensated for all work and services performed to the point of termination in accordance with the payment provisions set forth in Section 3.1, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law.
6.3 Upon notice of termination by City, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable f or the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement.
No other compensation will be payable for anticipated profit on unperformed services.
7. AUDIT AND INSPECTION
Consultant shall permit authorized representatives of City to inspect and audit all data and records relating to its performance under this Agreement for a period of three years following acceptance of the final study.
8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employment practices on the basis of race, religious creed, color, sex, national origin, handicap, sexual orientation, marital status, medical condition, disability, ancestry, organizational affiliation, military or veteran status, or any other consideration made unlawful by local, State or Federal law, of any employee of, or applicant for employment with, such Consultant or subcontractor. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations.
9. INSURANCE AND INDEMNIFICATION
9.1 With respect to any professional services provided by Consultant, the Consultant agrees to indemnify, and hold harmless the City, its officers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, damag es, liabilities and losses,
6.c
Packet Pg. 119
Attachment: Contract_Campbell CAAP (Approve Award of Contract - Climate Action RFP) 6 that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful miscond uct of City. City shall not be liable for acts of Consultant in performing services described herein. Notwithstanding anything in this paragraph to the contrary, any defense costs charged to the consultant under this paragraph shall not exceed the consultant proportionate percentage of fault, except:
a. That in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the consultant shall meet and confer with the other parties regarding unpaid defense costs in good faith effort to agr ee on the allocation of those costs amongst the parties; and
b. Where a project-specific general liability policy ensures all project participants for general liability exposures on a primary basis and also covers all consultant for their legal liability arising out of their professional services on a primary basis, then there shall be no limitation on the consultant 's duty to provide a defense and cover the City's cost of defense.
With respect to all matters other than those covered by the foregoing paragraph, Consultant agrees to indemnify, defend (with counsel reasonably satisfactory to the City) and hold harmless the City, its officers, officials, directors, agents representative s, volunteers, and employees to the fullest extent allowed by law from and against any and all claims, actions, causes of action, losses, damages, liabilities and costs of every nature, including attorneys’ fees and costs (collectively, “Losses”) including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any claim, caused by or arising out of, or alleged to have been caused by or arise out of, in w hole or in part, Consultant’s performance under this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein.
In no event shall this section be construed to require indemnification by the Consultant to a greater extent than permitted under the public policy of the State of California; and in the event that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City.
The defense and indemnity provisions obligations of this Agreement are undertaken in addition to and shall not in any way be limited by the insurance obligations contained in this Agreement. The foregoing indemnity provisions are intended to fully allocate the parties’ risk of liability to third- parties; and there shall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Consultant waives all rights to subrogation for any matte rs covered by the provisions of this section. Consultant’s responsibility for such defense and indemnity obligations as set forth in this section shall survive the termination or completion of this Agreement for the full period of time allowed by law.
6.c
Packet Pg. 120
Attachment: Contract_Campbell CAAP (Approve Award of Contract - Climate Action RFP) 7 9.2 Consultant shall maintain insurance conforming to the following specifications to the fullest amount allowed by law for a minimum of three (3) years following the termination or completion of this Agreement:
A. Types of Coverage
The policies shall afford the following types of coverage:
1. Commercial General Liability;
2. Automotive;
3. Workers’ Compensation and Employer Liability; and
4. Professional Liability and/or Errors and Omissions
B. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. For Commercial General Liability: Insurance Services Office (ISO) CGL Form 00 01 11 85; and
2. For Automotive Liability: ISO CA 00 01 06 92 including symbol 1(any auto); and
3. For Workers’ Compensation: insurance as required by the Labor Code of the State of California and Employer's Liability insurance; and
4. For Professional Liability and/or Errors and Omissions: insurance covering negligence committed by or on behalf of Consultant in rendering services to City.
C. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for bodily, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer's Liability: Workers’ Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of
6.c
Packet Pg. 121
Attachment: Contract_Campbell CAAP (Approve Award of Contract - Climate Action RFP) 8 $1,000,000 per accident. The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees.
4. Professional Liability and/or Errors and Omissions: $1,000,000 per claim and $2,000,000 in the annual aggregate.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (as agreed to in this Agreement) before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured.
D. Deductible and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City and shall not reduce the limits of liability. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as resp ects the City, its agents, officers, attorneys, employees, officials and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses related to investigations, claim administration, and defense expenses. Policies containing any self -insured retention provision shall provide or be endorsed to provide that the self-insured retention may be satisfied by either the named insured or the City.
E. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverage:
a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be covered as additional insureds as respects: liability arising out of this Agreement performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. It is a requirement of this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is affords greater coverage.
b. The Consultant's insurance coverage shall be primary insurance as respects the City, its agents, officers, attorneys, employees, officials and volunteers. Any insurance or self -insurance maintained by the City, its agents, officers, attorneys,
6.c
Packet Pg. 122
Attachment: Contract_Campbell CAAP (Approve Award of Contract - Climate Action RFP) 9 employees, officials and volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its agents, officers, attorneys, employees, officials, and volunteers.
d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.
2. Workers’ Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, its agents, officers, attorneys, employees, officials, and volunteers for losses arising from work performed by the Consultant for the City.
3. All Coverages: Any unintentional failure to comply with reporting provisions of the policies shall not affect coverage provided to the City; and unless otherwise approved by the City, each insurance policy required by this clause shall be endorsed to st ate that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by regular mail has been given to the City, or ten (10) days for cancellation for non- payment of premium.
F. Suspension or Cancellation
If any of the coverages required by this Agreement should be suspended, voided, cancelled or reduced in coverage during the term of this Agreement, Consultant shall immediately notify City and replace such coverage with another policy meeting the requirements of this Agreement.
G. Subcontractors
Consultant agrees that any and all contracts with subcontractors for performance of any matter under this Agreement shall require the subcontractors to comply with the same indemnity and insurance requirements set forth in this Agreement to the extent that they apply to the scope of the subcontractors’ work. Subcontractors are to be bound to contractor and to City in the same manner and to the same extent as the Consultant is bound to City under this Agreement. Subcontractors shall further agree to include these same provisions with any sub -subcontractor. A copy of this Agreement will be furnished to the subcontractor on request. The Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work and will provide proof of compliance to the City.
H. Acceptability of Insurers
Without limiting Consultant's indemnification provided hereunder, the policies of insurance listed in Article 9.2 of this Agreement are to be issued by an issuer with a current A.M. Best Rating of
6.c
Packet Pg. 123
Attachment: Contract_Campbell CAAP (Approve Award of Contract - Climate Action RFP) 10 A:V and who is authorized to transact business in the State of California, unless otherwise approved by the City.
I. Verification of Coverage
Consultant shall furnish the City with endorsements and certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms acceptable to the City. Where required by statue, forms approved by the Insurance Commissioner are to be submitted. All certificates are to be received and approved by the City before work commences.
J. Special Risks/Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.
10. MISCELLANEOUS
10.1 This Agreement shall be binding on the heirs, executors, assigns and successors of Consultant.
10.2 Neither party may assign this Agreement, or any portion hereof, without the prior written consent of the other.
10.3 This Agreement shall not be construed to alter, affect, or waive any lien or stop notice rights, which Consultant may have for the performance of services pursuant to this Agreement.
10.4 Neither party’s waiver of any term, condition or covenant, or breach of any term, condition or covenant shall be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant.
10.5 This Agreement contains the entire Agreement between City and Consultant relating to the project and the provision of services to the project. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Consultant.
10.6 If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on City and Consultant.
6.c
Packet Pg. 124
Attachment: Contract_Campbell CAAP (Approve Award of Contract - Climate Action RFP) 11 10.7 This Agreement shall be governed and construed in accordance with the laws of the State of California.
10.8 All changes or amendments to this Agreement must be in writing and approved by all parties.
10.9 The initial contract term shall commence upon execution of the contract by the City and shall be for a two (2) month period, unless terminated sooner in accordance with the contract.
The City of Campbell at its sole discretion may elect to extend the contract up to two (2) consecutive six-month periods by providing written notice to Consultant not less than thirty (30) days prior to expiration of the original or extended term. The total length of the contract shall not exceed a period of one year. Annual contractual costs shall be equal to the August-to-August San Francisco-Oakland-San Jose Consumer Price Index-All Urban (CPI-U) in an amount not to exceed five percent (5%), but not lower than three percent (3%), annually, on July 1 of each contract renewal if executed.
10.10 Consultant owes the City a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or participating in activities that conflict with the City’s interests in respect to the work and/or services and project. The Consultant shall list current clients who may have a financial interest in the outcome of this Agreement. The Consultant hereby certifies that it does not now have, nor shal l it acquire any financial or business interest that would conflict with the performance of services under this agreement. Consultant shall not make or participate in making or in any way attempt to use Consultant’s position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a direct or indirect financial interest other than the compensation promised by this Agreement. Consultant will immediately advise the City if Consultant learns of a financial interest of Consultant's during the term of this Agreement.
10.11 City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such infor mation falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best e fforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from de nial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.
10.12 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or
6.c
Packet Pg. 125
Attachment: Contract_Campbell CAAP (Approve Award of Contract - Climate Action RFP) 12 delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, there may be an equitable adjustment of the schedule and Consultant compensation based on City’s sole discretion.
10.13 Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to b ind City to any obligation whatsoever.
10.14 Consultant warrants that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements
10.15 Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
10.16 The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply wit h the provisions of this Agreement.
10.17 This Agreement is entered into, and to be performed in Santa Clara County, California, and any action arising out of or related to this Agreement shall be maintained in a court of appropriate jurisdiction in Santa Clara County, California.
10.18 This Agreement may be executed in counterparts which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
11. NOTICES
Notices required under this Agreement may be delivered by first class mail addressed to the appropriate party at one of the following addresses:
CITY: City of Campbell
Attention: Rob Eastwood
70 North First Street
Campbell, CA 95008
6.c
Packet Pg. 126
Attachment: Contract_Campbell CAAP (Approve Award of Contract - Climate Action RFP) 13 CONSULTANT: __________________________________
Attention: _________________________
__________________________________
__________________________________
__________________________________
[SIGNATURES ON FOLLOWING PAGE]
6.c
Packet Pg. 127
Attachment: Contract_Campbell CAAP (Approve Award of Contract - Climate Action RFP) 14 Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby:
CONSULTANT CITY OF CAMPBELL
By By_______________________________________
Title Title _______________________________
6.c
Packet Pg. 128
Attachment: Contract_Campbell CAAP (Approve Award of Contract - Climate Action RFP) City
Council
Report
TITLE: Second Reading of Ordinance 2303 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 take second reading and adopt Ordinance 2303 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.
DISCUSSION
At the regular meeting of February 6, 2024, the City Council held a public hearing to consider an ordinance amending Chapter 6.04 and 6.12 of the City’s Municipal Code .
The proposed amendment to Chapter 6.04 updates definitions and removes construction and demolition (C&D) materials from the exclusive hauler's definition.
Additionally, the amendment introduces the definition of a C&D hauler, enabling a list of West Valley Solid Waste Management Authority (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.
The construction and demolition (C&D) stipulations of CALGreen are outlined in Chapter 6.12 of the municipal code. 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.
The item was approved by unanimous vote and the City Council took first reading of Ordinance 2303. In accordance with Gov. Code 36933, A summary of Ordinance 2303 was published in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara on February 14, 2024 and will be published again on February 28, 2024, following approval of second reading. Ordinance 2303 will become effective 30 days following the second reading approval.
Item: 7
Category: CONSENT CALENDAR
Meeting Date: February 20, 2024
7 Packet Pg. 129
Second Reading of Ordinance 2303 Page 2 of 2
FISCAL IMPACT
Nominal publication costs are associated with approving the Ordinance second reading 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 February 6, 2024.
Prepared by:
Andrea Sanders, City Clerk
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Ordinance 2303 - Amending Chapter 6.04 and 6.12
7 Packet Pg. 130
ORDINANCE NO. 2303
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..
7.a
Packet Pg. 131
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
(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.
7.a
Packet Pg. 132
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
(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
7.a
Packet Pg. 133
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
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
7.a
Packet Pg. 134
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
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.
7.a
Packet Pg. 135
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
(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.
7.a
Packet Pg. 136
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
(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).
7.a
Packet Pg. 137
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
(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
7.a
Packet Pg. 138
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303) 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,
7.a
Packet Pg. 139
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
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,
7.a
Packet Pg. 140
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303) 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,
7.a
Packet Pg. 141
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
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.
7.a
Packet Pg. 142
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
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
7.a
Packet Pg. 143
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
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.
7.a
Packet Pg. 144
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
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
7.a
Packet Pg. 145
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303) 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
7.a
Packet Pg. 146
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303) 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
7.a
Packet Pg. 147
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
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
7.a
Packet Pg. 148
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
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:
7.a
Packet Pg. 149
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
(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.
7.a
Packet Pg. 150
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
(c) The city and regional agency shall be responsible for review and determination of any waiver submitted for approval.
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.
7.a
Packet Pg. 151
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303) (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 inspection 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).
6.04.230 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
7.a
Packet Pg. 152
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
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
7.a
Packet Pg. 153
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
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
7.a
Packet Pg. 154
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
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;
7.a
Packet Pg. 155
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
(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
7.a
Packet Pg. 156
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303)
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
7.a
Packet Pg. 157
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303) ATTEST:______________________________
Andrea Sanders, City Clerk
7.a
Packet Pg. 158
Attachment: Ordinance 2303 - Amending Chapter 6.04 and 6.12 (Second Reading of Ordinance 2303) City
Council
Report
TITLE: Approve Contract Amendment with CSG Consultants for Code Enforcement Services, Dispense with Bidding Requirements Under Section 3.20.030(4) of the Campbell Municipal Code (CMC), and Approve a Corresponding Budget Adjustment (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution approving a contract amendment with CSG consultants for Code Enforcement services, dispense with bidding requirements under Section 3.20.030(4) of the Campbell Municipal Code (CMC), and authorize a corresponding budget adjustment.
BACKGROUND
The City’s Code Enforcement program is staffed by one Code Enforcement Officer and the City has had an ongoing need for additional staff support services to address backlog code enforcement cases and health and safety related violations. CSG Consultants (CSG) has provided this additional staff support for the Code Enforcement program since 2013. In 2019, the City conducted an open procurement process for code enforcement support services and selected CSG as a result of this process. Most recently, the City entered into a Consultant Services Agreement with CSG on March 16, 2022 to obtain code enforcement consulting services to assist with increased caseload demand. This followed a break during the COVID 19 Pandemic when CSG did not provide support services and the city experienced an increased backlog in cases.
The code enforcement services provided by CSG’s staff, notably their Senior Code Enforcement officer, has helped close over 25 outstanding back log cases since March of 2022 that would otherwise would have remained open , addressing areas such as unpermitted and unsafe construction and neighborhood blight. CSG supports Campbell’s code enforcement program through case review, inspections, issuance of notices and fines, and execution of compliance agreements to ensure outstanding code cases are abated.
DISCUSSION
Item: 8
Category: CONSENT CALENDAR
Meeting Date: February 20, 2024
8 Packet Pg. 159
Approve Contract Amendment with CSG Consultants for Code Enforcement Services and Dispense with Bidd Page 2 of 3
The City has an ongoing need for code enforcement support services to address the high volume of code enforcement complaints and a backlog of code cases. Although there are several consulting firms that provide code enforcement staffing service s, staff believes that CSG has unique and specialized experience that benefits the City of Campbell. As noted above, in 2019 the City conducted an open procurement process and selected CSG as the most qualified firm to support Campbell’s program.
As CSG has provided code enforcement staffing services to the city since 2013, their staff has unique knowledge of the city’s code enforcement program and procedures and the nature of the Campbell community . As the current contract is expiring on June 30, 2024, staff believes it is important to maintain a continuity of code enforcement services to prevent an increase in back log cases, resulting in neighborhood blight, unsafe construction, or other related violations. Campbell’s municipal code allows the city to dispense with normal procurement / bidding procedures under certain circumstances, including the provision of special services as outlined under CMC Section 3.20.030(4) below:
• The city seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrative or other matters from persons specially trained, experienced and competent to perform the special services required;
Based on the circumstances identified above , staff believes that the City should dispense with the bidding provisions as authorized by Campbell Municipal Code Section
3.20.030(4) and amend the contract with CSG to obtain ongoing code enforcement support services.
Staff proposes increasing the current agreement not to exceed amount to $141,000 and extending the Consultant Service Agreement with a contract term end date of June 30, 2025, with an option to extend two (2) additional six (6) months and that the City Council adopt a Resolution authorizing the City Manager to approve and execute a contract amendment with CSG Consultants (reference Attachment B).
FISCAL IMPACT
The Draft Resolution (reference Attachment A) serves to authorize $11,381 in additional funding to the City’s existing service contract with CSG for services through FY 2024 and establish a new s ervice contract with CSG for services through FY 2025 -2026 in the amount of $141,000. Attachment B details the necessary budget adjustment for FY 2024.
Separately, as part of FY 2025 and FY 2026 budgets, s taff intends to recommend allocating $52,000 per year in additional funding for code enforcement services. As part of the FY 2025 and FY 2026 Budgets, staff will evaluate if these consultant services can be financially supported by funding from the City’s Community Restitution Fund (Fund 8 Packet Pg. 160
Approve Contract Amendment with CSG Consultants for Code Enforcement Services and Dispense with Bidd Page 3 of 3
234.559), which collects and retains code enforcement fines collected by the city to re - invest into actions to prevent neighborhood blight and support code enforcement programs.
ALTERNATIVES
1. Do not dispense with the bidding procedures and direct staff to conduct an open procurement process to solicit code enforcement support services.
2. Provide staff with other direction.
Prepared by:
Ken Ramirez, Administrative Analyst
Reviewed by:
Stephen Rose, Senior Planner
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Reso for CSG Contract Amendment
b. Budget Adjustment
8 Packet Pg. 161
RESOLUTION NO.
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL TO APPROVE A CONTRACT AMENDMENT TO THE
CONSULTANT SERVICES AGREEMENT WITH CSG CONSULTANTS AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE, AND EXECUTE AN
AMENDMENT TO THE CONSULTANT SERVICES AGREE MENT WITH
CSG CONSULTANTS FOR CODE ENFORCEMENT CONSULTING
SERVICES, DISPENSE WITH BIDDING REQUIREMENTS AS
AUTHORIZED BY THE CAMPBELL MUNICIPAL CODE SECTION
3.20.030(4) FOR SPECIALIZED SERVICES AND APPROVE A
CORRESPONDING BUDGET ADJUSTMENT.
WHEREAS, the City of Campbell entered into a Contract Services Agreements with CSG Consultants Company on June 10, 2023, with a term end date of June 30, 2024; WHEREAS, the City of Campbell desires the specialized expertise in code enforcement consulting services which is currently available and offered by CSG; WHEREAS, CSG Consultants has an expertise in a specialized field and commenced key milestones such as bringing up-to-date numerous outstanding and back-logged code enforcement cases, and has possessed a unique understanding and relationship with residents, property owners, and community members of the City of Campbell; WHEREAS, the City only employed only one Code Enforcement Officer to handle and monitor the voluminous case load of current, reported, and outstanding code enforcement violations;
WHEREAS, the City now has the need to amend its agreement with CSG consultants by approximately $115,381 and bring it up to $141,000 (Exhibit A) total to provide additional code enforcement operational support due to the voluminous code enforcement reports and needs of the City and to provide further code enforcement program services during FY 2025 and FY 2026;
WHEREAS, to cover these additional cost in FY 2024, staff recommends a budget adjustment of $11,381;
WHEREAS, the CMC Section 3.20.030 authorizes the City to dispense with the formal bidding process if certain conditions are met;
WHEREAS, the purchasing procedures outlined in the CMC Section 3.20.050 state that purchases and contract for ‘supplies, services, and equipment of estimated fair market value greater than fifty thousand dollars’ shall be made according to specified bidding procedures;
8.a
Packet Pg. 162
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and City Council Resolution No. Page 2 of 3
Authorize the City Manager to Dispense with Bidding, Authorize Amendment to Consultant Services Agreement
WHEREAS, CMC Section 3.20.030 (4) provides that the bidding procedures may be dispensed with when The city seeks the special services, consultation or advice in financial, economic, accounting, engineering, legal, administrative or other matters from persons specially trained, experienced and competent to perform the special services; WHEREAS, the City has found that CSG Consultants unique and special extensive knowledge of Campbell’s community and has been able to address the Code Enforcement issues due to this extensive and special knowledge.
THEREFORE, BE IT RESOLVED, that the City Council hereby approves dispensing with the bidding procedures, as set forth in CMC Section 3.20.030 (4); and THEREFORE BE IT FURTHER RESOLVED, that the City Council approves a contract amendment to the consultant services agreement with CSG Consultants and authorizes the City Manager to negotiate and execute a contract amendment (Exhibit
A) with CSG Consultants for code enforcement consulting services for a contract amount not to exceed $141,000 with a contract term end date of no later than June 30, 2026; and
THEREFORE
BE IT FURTHER RESOLVED, that the City Council approves a corresponding budget adjustment in the amount of $11,381.
PASSED AND ADOPTED this day of 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
___________________________
Susan M. Landry, Mayor
ATTEST:
____________________________
Andrea Sanders, City Clerk
8.a
Packet Pg. 163
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and Exhibit - A
AMENDMENT TO CONTRACT SERVICES AGREEMENT
AMENDMENT #1
CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
(408) 866-2140
This Amendment to Contract Services Agreement (hereinafter “A mendment”) amends the Consultant Services Agreement (hereinafter “Agreement”) to establish economic development consulting services for the City of Campbell originally entered into on the 10th day of June 2023, by and between the City of Campbell (a Municipal Corporation, hereinafter referred to as “City”) and CSG Consultants, Inc . (a California Corporation, hereinafter referred to as “Consultant”).
As provided for under the terms of this Amendment, the City and Consultant agree to amend the following provisions of the Agreement as follows:
• Compensation. The maximum compensation as set forth in Section 3.1 of the Agreement is hereby increased from an amount not to exceed $25,619to an amount not to exceed $141,100; • Term. As amended, the term of the Agreement shall extend until June 30, 2026, unless earlier terminated in accordance with the Agreement.
All other terms and conditions as set forth in the Agreement shall remain in effect.
Signature Warranty:
The undersigned are authorized to represent and enter into this Amendment on behalf of the Consultant.
This Amendment to the Consultant Services Agreement shall become effective upon its execution by the City, in witness whereof, the parties have executed this Amendment the day and year first written above.
CONTRACTOR CITY OF CAMPBELL
By: By:
Name: Cyrus Kianpour Name: Brian Loventhal
Title: President Title: City Manager
Date: Date:
Attachments:
Existing Contract Service Agreement
8.a
Packet Pg. 164
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and
1 ATTACHMENT 1
CITY OF CAMPBELL
CONSULTANT SERVICES AGREEMENT
This Agreement is entered into at Campbell, California on the 10th day of June , 2023, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and CSG Consultants, Inc. (hereinafter referred to as "Consultant").
WHEREAS, City desires a part-time contract code enforcement services for a cost not to exceed $25,619; and
WHEREAS, Consultant represents that it has the expertise, means, and ability to provide code enforcement services throughout the duration of the contract service agreement;
NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:
1. DUTIES OF CONSULTANT
1.1 Consultant agrees to perform services as set forth in Exhibit A - Scope of Services1, attached hereto and incorporated herein by reference, and which shall be interpreted together and in harmony with this Agreement. In the event of any conflict between Exhibit A and this Agreement, this Agreement shall govern, control, and take precedence.
1.2 Consultant’s project manager will meet with the City’s project coordinator prior to commencement of the project to establish a clear understanding of the working relationships, authorities, and management philosophy of City as it relates to this Agreement.
1.3 Consultant, working with the City, will gather available existing information concerning the project, and shall review documents as necessary for compliance with the project’s objectives.
1.4 In performance of this Agreement by Consultant, time will be of the essence.
1.5 Notwithstanding Section 1.4, Consultant shall not be responsible for delay caused by activities or factors b eyond Consultant’s reasonable control, including delays or by reason of strikes, work slow-downs or stoppages, or acts of God.
1.6 Consultant agrees to perform this Agreement in accordance with the highest degree of skill and expertise exercised by members of Consultant’s profession working on similar projects
1 Scope of Services, project schedule and consultant fee schedule to be included in Exhibit A following consultant selection
8.a
Packet Pg. 165
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and
2 under similar circumstances.
1.7 Consultant shall cooperate in good faith with City in all aspects of the performance of this Agreement.
1.8 In the course of the performance of this Agreement, Consultant shall act in the City’s best interest as it relates to the project.
1.9 All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.
1.10 The designated project manager for Consultant shall be Robert Cushing . The Consultant’s project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with the City and the City’s project coordinator. The authorized principal of Consultant executing this Agreement for the Consultant shall have authority to make decisions regarding changes in services, termination and other matters related to the performance of this agreement on behalf of Consultant.
1.11 The Consultant (and its employees, agents, representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as officers or officials or employees or agents of the City. The City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Consultant meet specific standards consistent with the requirements of this Agreement without regard to the manner and means of accomplishment thereof. Subcontractors shall assume all of the rights, obligations and liabilities, applicable to it as an independent cont ractor hereunder. Consultant represents and warrants that it (i) is fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of this Agreement.
Consultant agrees to comply with AB5, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.
1.12 This Agreement contains provisions that permit mutually acceptable changes in the scope, character or complexity of the work if such changes become desirable or necessary as the work progresses. Adjustments to the basis of payment and to the time for performance of the work, if any, shall be established by a written contract amendment (approved and executed by the City) to accommodate the changes in work.
2. DUTIES OF CITY
2.1 City shall furnish to Consultant all available and pertinent data and information
8.a
Packet Pg. 166
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and
3 requested by Consultant to facilitate the preparation of the documents called for in this Agreement.
Consultant shall be entitled to reasonably rely on accuracy and completeness of such information, provided that Consultant shall provide City prompt written notice of any known defects in such data and information.
2.2 City shall provide contract administration services. City shall notify Consultant of required administrative procedures and shall name representatives, if any, authorized to act in its behalf.
2.3 City shall review documents submitted by Consultant and shall render decisions pertaining thereto as promptly as reasonably possible.
3. COMPENSATION
3.1 For the full performance of the services described herein by Consultant, City agrees to compensate Consultant for all services and direct costs associated with the performance of the project in an amount not to exceed $25,619, as follows:
a. Consultant shall submit for payment by City, an itemized invoice for services performed based on the attached budget and timeline attached as Exhibit B . The invoice shall describe the services rendered and the title of the item of work, and shall list labor hours by personnel classification. Said invoice shall be based on all labor and direct expense charges made for work performed on the project. Labor charges shall be in accordance with the fee schedule found in Exhibit B of this Agreement. City shall pay Consultant for services rendered and approved by the City within 30 days from the date the itemized invoice is received by the City, subject to the maximum not to exceed amount specified above and the City’s right to object.
b. Direct costs are those outside costs incurred on or directly for the project, and substantiated with invoices for the charges. Direct expenses include printing, reproduction, and delivery charges.
3.2 If Consultant incurs other costs which are not specifically covered by the terms of this Agreement, but which are necessary for performance of Consultant’s duties, City may approve payment for said costs if authorized in writing by the City in advance.
3.3 City may order changes in the scope or character of services in writing, including decreasing the amount of Consultant’s services. In the event that the work is decreased, Consultant is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change. Under no conditions shall Consultant make any changes to the work, either as additions or deductions, without the prior written order of the City. In the event, that the City determines that a change to the work or services from that specified in this Agreement is required, the contract time and/or actual costs reimbursable by the City for the project may be adjusted by contract amendment or change order to accommodate the changed work. The ma ximum not to exceed total amount specified in this Article 3 (Compensation) shall not be exceeded, unless authorized by written contract amendment or change order, approved and executed by the City.
Consultant shall obtain prior written approval for a revised fee schedule from the City before
8.a
Packet Pg. 167
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and
4 exceeding such fee schedule. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.
3.4 In no event, will the Consultant be reimbursed for any costs or expenses at any rates that exceed the rates for set forth in the fee schedule found in Exhibit B.
3.5 Consultant agrees that the payments to Consultant specified in this Article 3 (Compensation) will constitu te full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.
4. SUBCONSULTANTS
4.1 Consultant may not subcontract any services required under this Agreement without the prior written consent of the City.
4.2 Consultant shall be responsible to City for the performance of any and all subconsultants who perform work under this contract, and any acts of negligence or misconduct on their part. Consultant is solely responsible for all payments due to subconsultants.
4.3 Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Campbell, its officers, officials, directors, agents representatives, volunteers, and employees as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.
4.4 If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract.
5. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original reports, documents, data, materials, photographs, negatives and other work products prepared by the Consultant and/or its subconsultants in the performance of the services encompassed in this Agreement (whether in printed or electronic format) (“project -related documents and materials”) shall be the property of the City and may be used on this project without the consent of the Consultant or its subcontractors. City acknowledges that such drawings, documents, and other items are instruments of professional services intended for use only on the subject project. Consultant agrees th at all copyrights which arise from creation of the Project - related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City .
Any and all project -related documents and materials including draft documents and materials
8.a
Packet Pg. 168
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and
5 related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein or applicable laws. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Consultant shall promptly provide to the City upon request, all finished and unfinished project-related documents and materials, produced or gathered by or on behalf of Consultant that are in Consultant’s possession, custody or control. Consultant may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City’s right to promptly receive and use such documents and materials which are the sole and exclusive property of the City.
6. TERMINATION
6.1 Notwithstanding any other provision of this Agreement, City may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to Consultant not less than 14 calendar days prior to an effective termination date. In the event of such termination, Consultant shall have the right and obligation to immediately assemble the work then in progress for the purpose of completing the work and turning ov er all materials and documents to City.
6.2 In the event of such termination, Consultant shall be compensated for all work and services performed to the point of termination in accordance with the payment provisions set forth in Section 3.1, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law.
6.3 Upon notice of termination by City, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference betwe en the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by C ity due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of termination, Consultant will have no further claims against the City under the Agreement.
No other compensation will be payable for anticipated profit on unperformed services.
7. AUDIT AND INSPECTION
Consultant shall permit authorized representatives of City to inspect and audit all data and records relating to its performance under this Agreement for a period of three years following acceptance of the final study.
8.a
Packet Pg. 169
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and
6 8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discrim inatory employment practices on the basis of race, religious creed, color, sex, national origin, handicap, sexual orientation, marital status, medical condition, disability, ancestry, organizational affiliation, military or veteran status, or any other consideration made unlawful by local, State or Federal law, of any employee of, or applicant for employment with, such Consultant or subcontractor. City requires Consultant to comply with all applicable Federal and State and local equal employmen t opportunity laws and regulations.
9. INSURANCE AND INDEMNIFICATION
9.1 Consultant agrees to indemnify, defend (with counsel reasonably satisfactory to the City) and hold harmless the City, its officers, officials, directors, agents representatives, volunteers, and employees to the fullest extent allowed by law from and against any and all claims, actions, causes of action, losses, damages, liabilities and costs of every nature, including attorneys’ fees and costs (collectively, “Losses”) including but not limited to all claims, actions, causes of action, losses, damages, liabilities for property damage, bodily injury, or death, and all costs of defending any claim, caused by or arising out of, or alleged to have been caused by or aris e out of, in whole or in part, Consultant’s performance under this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole negligence or willful misconduct of City. City shall not be liable for acts of Consultant in performing services described herein.
In no event shall this section be construed to require indemnification by the Consultant to a greater extent than permitted under the public policy of the State of California; and i n the event that this contract is subject to California Civil Code section 2782(b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City.
The defense and indemnity provisions obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations contained in this Agreement. The foregoing indemnity provisions are intended to fully allocate the parties’ risk of liability to third - parties; and there shal l be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Consultant waives all rights to subrogation for any matters covered by the provisions of this section. Consultant’s responsibility for such defense and indemnity obligations as set forth in this section shall survive the termination or completion of this Agreement for the full period of time allowed by law.
9.2 Consultant shall maintain insurance conforming to the following specifications to the fullest amount allowed by law for a minimum of three (3) years following the termination or completion of this Agreement:
A. Types of Coverage
The policies shall afford the following types of coverage:
8.a
Packet Pg. 170
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and
7 1. Commercial General Liability;
2. Automotive;
3. Workers’ Compensation and Employer Liability; and
4. Professional Liability and/or Errors and Omissions
B. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. For Commercial General Liability: Insurance Services Office (ISO) CGL Form 00 01 11 85; and
2. For Automotive Liability: ISO CA 00 01 06 92 including symbol 1(any auto); and
3. For Workers’ Compensation: insurance as required by the Labor Code of the State of California and Employer's Liability insurance; and
4. For Professional Liability and/or Errors and Omissions: insurance covering negligence committed by or on behalf of Consultant in rendering services to City.
C. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for bodily, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer's Liability: Workers’ Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees.
4. Professional Liability and/or Errors and Omissions: $1,000,000 per claim and $2,000,000 in the annual aggregate.
The limits of insurance required in this Agreemen t may be satisfied by a combination of primary
8.a
Packet Pg. 171
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and
8 and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefi t of City (as agreed to in this Agreement) before the City’s own insurance or self - insurance shall be called upon to protect it as a named insured.
D. Deductible and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City, and shall not reduce the limits of liability. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as res pects the City, its agents, officers, attorneys, employees, officials and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses related to investigations, claim administration, and defense expenses. Policies containing any self-insured retention provision shall provide or be endorsed to provide that the self- insured retention may be satisfied by either the named insured or the City.
E. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverage:
a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be covered as additional insureds as respects: liability arising out of this Agreement perfor med by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. It is a requirement of this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available to the City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is affords greater coverage.
b. The Consultant's insurance coverage shall be primary insurance as respects the City, its agents, officers, attorneys, employees, officials and volunteers.
Any insurance or self -insurance maintained by the City, its agents, officers, attorneys, employees, o fficials and volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its agents, officers, attorneys, employees, officials, and volunteers.
d. The Consultant's insurance shall apply separately to each insured
8.a
Packet Pg. 172
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and
9 against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.
2. Workers’ Compensation and Emplo yer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, its agents, officers, attorneys, employees, officials, and volunteers for losses arising from work performed by the Consultant for the City.
3. All Coverag es: Any unintentional failure to comply with reporting provisions of the policies shall not affect coverage provided to the City; and unless otherwise approved by the City, each insurance policy required by this clause shall be endorsed to state that cover age shall not be canceled by either party, except after thirty (30) days prior written notice by regular mail has been given to the City, or ten (10) days for cancellation for non- payment of premium.
F. Suspension or Cancellation
If any of the coverages required by this Agreement should be suspended, voided, cancelled or reduced in coverage during the term of this Agreement, Consultant shall immediately notify City and replace such coverage with another policy meeting the requirements of this Agreement.
G. Subcontractors
Consultant agrees that any and all contracts with subcontractors for performance of any matter under this Agreement shall require the subcontractors to comply with the same indemnity and insurance requirements set forth in this Agreement to the extent that they apply to the scope of the subcontractors’ work. Subcontractors are to be bound to contractor and to City in the same manner and to the same extent as the Consultant is bound to City under this Agreement. Subcontractors shall further agree to include these same provisions with any sub -subcontractor. A copy of this Agreement will be furnished to the subcontractor on request. The Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work, and will provide proof of compliance to the City.
H. Acceptability of Insurers
Without limiting Consultant's indemnification provided hereunder, the policies of insurance listed in Article 9.2 of this Agreement are to be issued by an issuer with a current A.M. Best Rating of A:V and who is authorized to transact business in the State of California, unless otherwise approved by the City.
I. Verification of Coverage
Consultant shall furnish the City with endorsements and certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a
8.a
Packet Pg. 173
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and
10 person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms acceptable to the City. Where required by statue, forms approved by the Insurance Commissioner are to be submitted. All certificates are to be received and approved by the City bef ore work commences.
J. Special Risks/Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.
10 MISCELLANEOUS
10.2 This Agreement shall be binding on the heirs, executors, assigns and successors of Consultant.
10.3 Neither party may assign this Agreement, or any portion hereof, without the prior written consent of the other.
10.4 This Agreement shall not be construed to alter, affect, or waive any lien or stop notice rights, which Consultant may have for the performance of services pursuant to this Agreement.
10.5 Neither party’s waiver of any term, condition or covenant, or breach of any term, condition or covenant shall be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant.
10.6 This Agreement contains the entire Agreement between City and Consultant relating to the project and the provision of services to the project. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. Subsequent modifications to this Agreement shall be in writing and signed by both City and Consultant.
10.7 If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on City and Consultant.
10.8 This Agreement shall be governed and construed in accordance with the laws of the State of California.
10.9 All changes or amendments to this Agreement must be in writing and approved by all parties.
10.10 The initial contract term shall commence upon execution of the contract by the City and shall terminate no later than June 30, 2024, unless terminated sooner in accordance with the
8.a
Packet Pg. 174
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and 11 contract. The City of Campbell at its sole discretion may elect to extend the contract up to two (2) consecutive six-month periods by providing written notice to Consultant not less than thirty (30) days prior to expiration of the original or extended term. The total length of the contract shall not exceed a period of one year. Annual contractual costs shall be equal to the August -to-August San Francisco-Oakland-San Jose Consumer Price Index -All Urban (CPI-U) in an amount not t o exceed five percent (5%), but not lower than three percent (3%), annually, on July 1 of each contract renewal if executed.
10.11 Consultant owes the City a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or participating in activities that conflict with the City’s interests in respect to the work and/or services and project. The Consultant shall list current clients who may have a financial interest in the outcome of this Agreement. The Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this agreemen t. Consultant shall not make or participate in making or in any way attempt to use Consultant’s position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a direct or indirect financial interest other than the compensation promised by this Agreement. Consultant will immediately advise the City if Consultant learns of a financial interest of Consultant's during the term of this Agreement.
10.12 City is a public agency subject to the disclosure requirements of t he California Public Records Act (“CPRA”). If Consultant’s proprietary information is contained in documents or information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.
10.13 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinde r or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance
8.a
Packet Pg. 175
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and
12 of its obl igations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, there may be an equitable adjustment of the schedule and Consultant compensation based on City’s sole discretion.
10.14 Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Ag reement to bind City to any obligation whatsoever.
10.15 Consultant warrants that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements
10.16 Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
10.17 The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.
10.18 This Agreement is entered into, and to be performed in Santa Clara County, California, and any action arising out of or related to this Agreement shall be maintained in a court of appropriate jurisdiction in Santa Clara County, California.
10.19 This Agreement may be executed in counterparts which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
11 NOTICES
Notices required under this Agreement may be delivered by first class mail addressed to the appropriate party at one of the following addresses:
CITY: City of Campbell
Attention: Rob Eastwood
70 North First Street
Campbell, CA 95008
CONSULTANT: CSG Consultants, Inc
Attention: Cyrus Kianpour, President
550 Pilgrim Drive
Foster City, CA 94404
Email: [email protected]
8.a
Packet Pg. 176
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and 13 Cc: CSG Consultants, Inc
Attention: Robert Cushing
550 Pilgrim Drive
Foster City, CA 94404
Email: [email protected]
[SIGNATURES ON FOLLOWING PAGE]
8.a
Packet Pg. 177
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and 14 Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby:
CONSULTANT
By: ________________________
Cyrus Kianpour
Title: President
CITY OF CAMPBELL
By: ________________________
Brian Loventhal
Title: City Manager
Brian Loventhal (Jun 19, 2023 15:44 PDT)
Brian Loventhal
8.a
Packet Pg. 178
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and 15 Exhibit A
Scope of Services
SCOPE OF WORK
• Typical essential duties may include, but are not limited to, the following:
• Assists in determining areas to be inspected; reviews and updates housing and other codes and assists with interpretations and decisions on technical problems related to housing and other codes. • Researches ownership and lien holders of subject properties. • Prepares and manages a caseload including maintenance of accurate case files of related correspondence, memos and written reports.
• Conducts skilled residential, commercial and hotel/motel inspections for prevention and/or abatement of substandard conditions or code violations.
• Participates in hearings before Administrative Hearing Officers and makes recommendations for appropriate remedies.
• Receives, investigates, and responds to complaints of possible violations of local and state laws, ordinances, or codes (i.e. neighborhood blight, zoning, water waste, unlawful cannabis grow houses, signs, etc.).
• Prepares reports of conditions for referral to proper authorities and prepares notices of violations, follow-up legal advertisements, and other similar notices. • Interviews property and business owners, residents, and members of the pubic concerning violations and other code enforcement matters.
• Analyzes, evaluates, and interprets all City codes; explains enforcement procedures to the public and provides information on land use and sign related ordinances. • Develops and implements public information and education programs to inform citizens of the • Issues citations, as appropriate, for violations of the Municipal Code. • Monitors compliance activities and conducts follow-up and final inspections; prepares required notices and correspondence relative to non-compliance as required. • Prepares required documentation for all legal actions, including inspection warrants, and conducts follow-up once legal action has been initiated.
• Generates compliance letters to property owners as appropriate; establishes and maintains a variety of work-related records and files.
• Confers with other agencies and City departments on the disposition of a variety of complaints and code violations. Operates assigned vehicle skillfully and safely, observing safe driving practices. • Assists or represents the City in public meetings, City Council meetings, neighborhood forums and necessary court appearances or administrative hearings.
8.a
Packet Pg. 179
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and 16 Exhibit B
Fee Schedule
8.a
Packet Pg. 180
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and City of Campbell - CSG Consultants CSA 2023
Final Audit Report 2023-06-19
Created: 2023-06-09
By: Ken Ramirez ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAH-DD8M3hzWZ0e8XBZktM101zsqA8bQrp "City of Campbell - CSG Consultants CSA 2023" History
Document created by Ken Ramirez ([email protected])
2023-06-09 - 9:12:59 PM GMT
Document emailed to Cyrus Kianpour ([email protected]) for signature 2023-06-09 - 9:14:01 PM GMT
Email viewed by Cyrus Kianpour ([email protected])
2023-06-12 - 3:29:03 AM GMT
Email viewed by Cyrus Kianpour ([email protected])
2023-06-13 - 4:02:20 AM GMT
Document e-signed by Cyrus Kianpour ([email protected]) Signature Date: 2023-06-13 - 4:02:39 AM GMT - Time Source: server Document emailed to [email protected] for signature 2023-06-13 - 4:02:41 AM GMT
Email viewed by [email protected]
2023-06-19 - 10:44:03 PM GMT
Signer [email protected] entered name at signing as Brian Loventhal 2023-06-19 - 10:44:15 PM GMT
Document e-signed by Brian Loventhal ([email protected]) Signature Date: 2023-06-19 - 10:44:17 PM GMT - Time Source: server Agreement completed.
2023-06-19 - 10:44:17 PM GMT
8.a
Packet Pg. 181
Attachment: Reso for CSG Contract Amendment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.
February 20, 2024 BA-16
Budget to be Reduced
Fund/Program Account Number Description Amount
Budget to be Increased
Fund/Program Account Number Description Amount
101.740 7430 11,381$
REASON FOR REQUEST - BE SPECIFIC:
Finance Director Community Development Director City Manager Community Development
Will Fuentes Rob Eastwood Brian Loventhal
Code Enforcement
To allocate an additional $11,381 towards code enforcement consultant services provided by CSG Consultants Consultant Services
8.b
Packet Pg. 182
Attachment: Budget Adjustment (Approve Contract Amendment with CSG Consultants for Code Enforcement Services and Dispense with City
Council
Report
TITLE: Resolution Amending Pay Ranges for Temporary Positions (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a Resolution amending pay ranges for temporary positions.
BACKGROUND
In response to the California minimum wage adjustment in January 2024, staff is presenting a proposed range to Council now to reflect the impacts of the minimum wage increase that took effect on January 1, 2024.
The proposed adjustments, outlined in the attached document, also include minor Cost - of-Living Adjustments (COLA) to certain temporary positions identified as below market level, requiring adjustments, and to address compaction within the temporary classification.
DISCUSSION
Staff recommends adopting the attached resolution to adjust pay ranges for temporary positions, aligning them with California's minimum wage adjustments effective January 1, 2024, and incorporating minor Cost-of-Living Adjustments to mitigate compaction and align with the current market.
Minimum Wage Increases
Each year, pay ranges for temporary positions are revised to align with California's minimum wage order, effective at the start of the year. With California's minimum wage increasing to $16.00 per hour as of January 1, 2024, adjustments are proposed for temporary positions where the minimum salary range falls below the minimum wage.
This aligns with our current practice of adjusting the temporary salary schedule.
After evaluating the market and assessing the current top of the range for impacted temporary positions, it was found that the top of the range has remained unchanged for the past two years. It is recommended that an additional $1.00 per hour per position be added to the top of the range to account for the California minimum wage increases from 2022 to 2024.
Item: 9
Category: CONSENT CALENDAR
Meeting Date: February 20, 2024
9 Packet Pg. 183
Amending Temporary Employees Pay Ranges Page 2 of 3
Temporary classifications within a Series
Recommended adjustments were made across categories for Recreation I, II, III, and Specialists. These adjustments included compressing the wage scale for positions with an upward trajectory, additional experience, or supervisory requirements. This approach is aimed at mitigating the impact of the minimum wage increases over the past two years. By staggering wages, we aim to maintain appropriate differentials between job levels and recognize additional experience or responsibilities.
Technical and Trades Job Specifications
Staff conducted a salary survey using benchmarked cities in the City of Campbell to propose reasonable pay ranges for temporary positions, in addition to considering minor COLA adjustments for technical and trade positions. The recommended adjustments are based on a survey of available comparable temporary positions in other Bay Area cities and recommendations from Department Heads for Maintenance Worker, Engineer Technician, Project Manager and Project Engineer positions. It is proposed to increase the upper range for these technical and trade positions to maintain competitiveness within the job market. The recommended hourly changes to the top of the range is included in Exhibit A.
Per-Diem Public Safety Dispatcher
The City traditionally sets the full -time Public Safety Dispatcher classification's top step rate to match the per diem rate for Public Safety Dispatchers. Currently, the top step for the full -time Public Safety Dispatcher classification is $61.14 per hour. Staff recommends adjusting the temporary salary schedule for the temporary Public Safety Dispatcher classification to align with this rate. This adjustment is necessary due to the hard to fill nature of the position. Having a flexible salary range will enable our Police Department to attract highly qualified candidates to temporarily fill these positions.
Crossing Guards
The City currently contracts for crossing guard services. Staff recommends aligning the temporary salary range with the contracted salary range top step to $26.00 per hour in case the City decides to hire internal crossing guards outside of the existing contract.
Removal of Temporary Position
Police Officer - Extra Help
Staff recommends removing the salary range for the Police Officer - Extra Help position.
This position is for Retired Annuitants, and according to CalPERS rules, the salary for retired annuitant positions must be an hourly rate within the regular salary schedule for that position. Our current salary schedule meets this requirement as per the CalPERS 9 Packet Pg. 184
Amending Temporary Employees Pay Ranges Page 3 of 3
retired annuitant rules. This change would reduce the need for Human Resources to frequently update the Temporary Salary Schedule to align with any negotiated raises with the Campbell Peace Officer Association.
A complete listing of temporary positions with their proposed pay ranges is provided in Exhibit A.
The adoption of changes to this schedule is not intended to be utilized for adjusting salaries currently being paid to all temporary employees, but to reflect current practice and market conditions to serve as a guideline for wage rates.
FISCAL IMPACT
Any increased costs projected for individual temporary employees were included in temporary employee expenditure accounts in the various programs for the FY 2024 Adopted Budget. No further budgetary adjustments are needed at this time.
ALTERNATIVES
1. Do not approve the attached resolution and salary schedule for temporary employees
2. Provide other direction to staff.
Prepared by:
Jenny Le-Christensen, HR Manager
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution - Temporary Salary Schedule
b. Exhibit A- City of Campbell Salary Schedule Temporary Employees 2024 9 Packet Pg. 185
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING THE SALARY PLAN FOR FULL AND PART-TIME TEMPORARY
POSITIONS
WHEREAS, Section 2.16.010 of the Campbell Municipal Code requires that salaries and wages of all employees of the City be fixed by ordinance or resolution; and WHEREAS, the City of Campbell does utilize temporary employees in a number of departments where their compensation is an hourly pay rate; and WHEREAS, a review of the pay ranges previously established by resolution indicates a need for updating.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell does hereby approve the pay range schedule for temporary positions as outlined in the attached Exhibit A.
PASSED AND ADOPTED this ______ day of February 2024, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
9.a
Packet Pg. 186
Attachment: Resolution - Temporary Salary Schedule (Amending Temporary Employees Pay Ranges) JOB TITLE Comments
ACCOUNTING ASSISTANT $27.00 - $55.00 $27.00 - $55.00
AEROBICS INSTRUCTOR $21.00 - $40.00 $21.00 - $40.00
AQUATICS/FITNESS SPECIALIST/POOL MANAGER $15.50 - $26.00 $16.00 - $27.00 Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
ASSISTANT SWIM TEAM COACH $15.50 - $20.00 $16.00 - $21.00 Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
BUILDING ATTENDANT $15.50 - $20.00 $16.00 - $21.00
Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
BUILDING INSPECTOR $29.75 - $45.00 $29.75 - $45.00
CAD OPERATOR $15.50 - $41.50 $16.00 - $42.50
Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
CLERICAL-ADMIN SUPPORT, RECORDS CLERK, OTHERS $15.50 - $32.00 $16.00 - $33.00 Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
CROSSING GUARD $16.00 - $23.00 $16.00 - $23.00
ENGINEERING ASSISTANT $15.50 - $22.00 $16.00 - $23.00
Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
ENGINEERING INTERN $15.50 - $22.00 $16.00 - $23.00
Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
ENGINEERING TECHNICIAN $16.85 - $36.00 $16.85 - $40.00 Reflect COLA increase for market conditions FIELD ATTENDANT $15.50 - $18.00 $16.00 - $19.00
Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
GRAPHICS TECHNICIAN $16.85 - $33.75 $16.85 - $33.75
INSTRUCTOR/LIFEGUARD/LAP SWIM PROGRAM
ATTENDANT $15.50 - $20.00 $16.00 - $21.00
Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
INTERN $15.50 - $22.50 $16.00 - $23.50
Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
IT TECHNICIAN $35.00 - $54.00 $35.00 - $54.00
MAINTENANCE WORKER (ALL) $15.50 - $26.00 $16.00 - $30.00 Reflect mimimum wage increase for bottom of the range and COLA increase for market conditions
MECHANIC ASSISTANT $15.50 - $26.00 $16.00 - $27.00
Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
MECHANIC JOURNEYMAN $20.00 - $32.00 $20.00 - $32.00
MUSEUM AIDE $15.50 - $21.00 $16.00 - $22.00
Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
PLANNER $30.00 - $54.00 $30.00 - $54.00
POLICE OFFICER - EXTRA HELP $73.25
PRE-SCHOOL INSTRUCTOR/TEACHER $20.00 - $27.00 $20.00 - $27.00
HOURLY STEP RANGES NE W HOURLY STEP RANGES
CITY OF CAMPBELL
TEMPORARY SALARY SCHEDULE
FY 24/25- SALARY SCHEDULE
Effective: 01/01/2024
9.b
Packet Pg. 187
Attachment: Exhibit A- City of Campbell Salary Schedule Temporary Employees 2024 (Amending Temporary Employees Pay Ranges) JOB TITLE Comments HOURLY STEP RANGES NE W HOURLY STEP RANGES
CITY OF CAMPBELL
TEMPORARY SALARY SCHEDULE
FY 24/25- SALARY SCHEDULE
Effective: 01/01/2024
PRE-SCHOOL TEACHER'S AIDE $15.50 - $19.00 $16.00 - $20.00 Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
PROJECT ENGINEER $34.50 - $52.00 $34.50 - $55.00 Reflect COLA increase for market conditions PROJECT MANAGER $26.00 - $75.00 $26.00 - $85.00 Reflect COLA increases to align with mid-range of current Project Manager classification
PUBLIC SAFETY ASSISTANT $26.00 - $36.00 $26.00 - $36.00 PUBLIC SAFETY DISPATCHER $25.00 - $58.79 $25.00 - $61.14 Reflect COLA increases to align with current classification PUBLIC WORKS INSPECTOR $22.50 - $62.50 $22.50 - $62.50
RECREATION LEADER I $15.50 - $16.00 $16.00 - $18.00 Reflect mimimum wage increase for bottom of the range, COLA, compaction
RECREATION LEADER II $16.00 - $18.00 $18.00 - $20.00 Address compaction between temp. classifications RECREATION LEADER III $17.00 - $19.00 $20.00 - $22.00 Address compaction between temp. classifications RECREATION SPECIALIST $17.00 - $23.00 $18.00 - $24.00 Address compaction between temp. classifications RELIEF FOOD SERVER/SENIOR NUTRITION PROGRAM $15.50 - $17.00 $16.00 - $18.00 Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
RELIEF SITE MANAGER/SENIOR NUTRITION PROGRAM $15.50 - $21.00 $16.00 - $22.00 Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
SENIOR ACCOUNTING SPECIALIST $43.00 - $70.00 $43.00 - $70.00 SENIOR INSTRUCTOR/LIFEGUARD $15.50 - $20.00 $16.00 - $21.00 Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
SENIOR RECREATION SPECIALIST $23.00 - $34.00 $23.00 - $34.00 SIGNAL & LIGHTING TECHNICIAN AND ASSISTANT $15.50 - $28.00 $16.00 - $29.00 Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
SKATE PARK ATTENDANT $15.50 - $18.00 $16.00 - $19.00
Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
SPECIAL INTEREST CLASS INSTRUCTOR $15.50 - $41.50 $16.00 - $42.50 Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
SPORTS OFFICIAL $15.50 - $26.00 $16.00 - $27.00
Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
SPORTS ATTENDANT/SCOREKEEPER $15.50 - $18.00 $16.00 - $19.00 Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
SWIM TEAM COACH $17.00 - $27.00 $17.00 - $27.00
TRAFFIC ENGINEERING ASSISTANT, TRAFFIC
ASSISTANT $15.50 - $22.00 $16.00 - $23.00
Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
WORK CREW SUPERVISOR $15.50 - $28.00 $16.00 - $29.00
Reflect mimimum wage increase for bottom of the range and 2 years of minimum wage increases that were not adjusted for top of range
9.b
Packet Pg. 188
Attachment: Exhibit A- City of Campbell Salary Schedule Temporary Employees 2024 (Amending Temporary Employees Pay Ranges) City
Council
Report
TITLE: Amendment to the Classification and Salary Plan - Emergency Services Coordinator (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a resolution amending the Classification and Salary Plan to include the new classification for Emergency Services Coordinator.
BACKGROUND
The Fiscal Year (FY) 2024 Adopted Budget includes funding for a part -time (0.5 FTE) benefitted Emergency Services Coordinator position, aligning with the Council Priority for Community Health and Safety. However, there is currently no existing job classification and salary plan for this position. To facilitate a recruitment, a new job classification and salary plan has been created and is subject to Council consideration and approval by way of resolution, as outlined in the City of Campbell (City) Personnel Rules and Regulation Section 3.0 - Classification Plan.
Originally intended to be under the Police Department, this position will instead report to the City Manager or designee, in accordance with the City’s Personnel Rules and Regulations, Section 22.1 - Emergency Preparedness. In addition, the Campbell Municipal Code, Chapter 2.28, designates the City Manager as the Director of Emergency Services.
DISCUSSION
Exhibit A to this report contains the proposed job classification for Emergency Services Coordinator, while Exhibit B outlines the proposed salary plan for the Emergency Services Coordinator classification. This role is pivotal in developing, maintaining, and coordinating emergency services programs. Responsibilities encompass coordinating training and information efforts for emergency preparedness, addressing regional trends impacting the City, and providing guidance to businesses and residents to minimize loss of life and property during disasters or major incidents.
Establishing the Emergency Services Coordinator classification is vital for enhancing Campbell's emergency preparedness, aligning with the Council Priority for Community Health and Safety. The Emergency Services Coordinator will maintain the Emergency Operations Center (EOC), update emergency plans, coordinate training, and ensure Item: 10
Category: CONSENT CALENDAR
Meeting Date: February 20, 2024
10 Packet Pg. 189
Amendment to the Classification and Salary Plan Page 2 of 3 compliance with standards. Additionally, the role involves collaborating with stakeholders, managing grants, overseeing the Community Emergency Response Team, and monitoring security threats. Prompt recruitment for this position will strengthen emergency management, enhance stakeholder coordination, and ensure effective disaster response.
The Emergency Services Coordinator will report directly to the City Manager's office, and work closely with the Police Department to enhance the City's emergency preparedness through streamlined communication and coordination. This placement provides direct access to key decision -makers and resources, facilitating efficient response strategies and proactive planning.
Staff conducted a salary survey of comparable cities with the Emergency Services Coordinator classification, including Cupertino, Gilroy, Los Altos, Los Gatos, Milpitas, Morgan Hill, Mountain View, Palo Alto, Santa Clara, Saratoga, and Sunnyvale. Based on this survey, staff recommends the following salary range:
Emergency Services Coordinator STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Hourly 60.12$ 63.28$ 66.61$ 70.12$ 73.81$
Bi-Weekly 4,809.31$ 5,062.43$ 5,328.88$ 5,609.34$ 5,904.57$ Monthly 10,420.17$ 10,968.60$ 11,545.90$ 12,153.57$ 12,793.24$ Annual 125,042.05$ 131,623.21$ 138,550.75$ 145,842.90$ 153,518.84$ The salary plan details the hourly rate, which is then calculated for bi -weekly, monthly, and annual periods. The annual figure reflects a full -time position, while the approved rate applies to a part -time position. The staff does not intend to request a budget adjustment, as the approved budget for this position allows for a part -time salary of $110,610 with prorated benefits.
The Human Resources Division has reached out to the Campbell Municipal Employees Association (CMEA) regarding the Emergency Services Coordinator position. The purpose of this engagement was to review the job description and duties of an Emergency Services Coordinator classification and ensure that it made sense to integrate the proposed position within CMEA labor group per Resolution 10016. CMEA agreed that the position should be added to their existing framework and if the City Council approves staff’s recommendation, the Emergency Services Coordinator would be represented by CMEA.
Pending approval of the proposed classification and salary plan, Human Resources will initiate recruitment in early March 2024 for the Emergency Services Coordinator with a target hire date of May 2024, ensuring timely fulfillment of this critical role.
FISCAL IMPACT
10 Packet Pg. 190
Amendment to the Classification and Salary Plan Page 3 of 3 The (0.5 FTE) part -time Emergency Services Coordinator will be covered by funds identified in the adopted FY 2024 Budget for the creation of the Emergency Services Coordinator. The full costing for the position is $110,610.
ALTERNATIVES
1. Do not approve the attached resolution and salary schedule for Emergency Services Coordinator.
2. Provide other direction to staff.
Prepared by:
Jenny Le-Christensen, HR Manager
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution - Emergency Services Coordinator
b. Exhibit A - Emergency Services Coordinator
c. Exhibit B - Emergency Services Coordinator_Salary Table 10 Packet Pg. 191
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING THE CLASSIFICATION AND SALARY PLAN TO ADD
THE EMERGENCY SERVICES COORDINATOR POSITION
WHEREAS, The City Manager is required by Section 2.12.030 of the Campbell Municipal Code to prepare and submit to the City Council recommendations for the reorganization of offices, departments, and positions which are considered to be in the best interest of efficient, effective, and economical conduct of the municipal services provided by the City; and
WHEREAS, Title 2, Section 2.16.020 of the Campbell Municipal Code provides that the City Council may, from time to time, by resolution, change the compensation of employees of said City, and may, by resolution, adopt salary and wage scales; and WHEREAS, a review has been conducted; and
WHEREAS, an amendment to the current Classification and Salary Plan is needed to meet the requirements of Campbell Municipal Code Section 2.12.030; and WHEREAS, the Fiscal Year (FY) 2024 Adopted Budget includes funding for a part-time (0.5 FTE) Emergency Services Coordinator position, aligning with the Council Priority for Community Health and Safety; and
WHEREAS, there is currently no existing job classification and salary plan for an Emergency Services Coordinator; and
WHEREAS, to facilitate a recruitment, a new job classification and salary plan has been created for Council consideration and approval by way of resolution, as outlined in the City of Campbell (City) Personnel Rules and Regulation Section 3.0 - Classification Plan; and
WHEREAS, the Emergency Services Coordinator classification will play a pivotal role in the City’s emergency services programs; and
WHEREAS, the proposed job classification for Emergency Services Coordinator falls in line with best practice for municipalities to have drafted job descriptions for all positions, whether they are full-time permanent or temporary roles; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby approve : 1. t he adoption of a new job classification for Emergency Services Coordinator, recognizing the importance of this role in addressing the City's emergency services programs ; and 2. the establishment of a new salary range for the Emergency Services Coordinator position, commensurate with the responsibilities and qualifications required for this crucial role.
PASSED AND ADOPTED this ______ day of February 2024, by the following roll call vote:
10.a
Packet Pg. 192
Attachment: Resolution - Emergency Services Coordinator (Amendment to the Classification and Salary Plan) AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
10.a
Packet Pg. 193
Attachment: Resolution - Emergency Services Coordinator (Amendment to the Classification and Salary Plan)
CITY OF CAMPBELL
EMERGENCY SERVICES COORDINATOR
DEFINITION
Under general direction from the City Manager or designee , assists in the development, maintenance and coordination of emergency services programs; coordinates and provides training, information, and planning efforts related to emergency preparedness, and regional trends potentially impacting the Department and City; and provides businesses and residents with emergency preparedness information and guidance to help reduce the loss of life and property resulting from a disaster or major incidents.
TYPICAL DUTIES
Maintains the City’s Emergency Operations Center (EOC) functionality through resourcing, training, and development of best practices ; maintains EOC equipment and supplies; schedules regular testing procedures to ensure operational efficiency; continually reviews new and accepted EOC procedures to keep the EOC current and efficient; facilitates and or attends planning meetings with stakeholders to develop comprehensive emergency plans; develops plans relating to the City’s potential exposure to hazards and risks; prepares and maintain all phases of the City’s emergency plan and assures it is in conformance with the State and Federal multi-hazard emergency planning standards and practices; plans, coordinates, and critiques disaster training exercises to test all elements of the City’s emergency plan; provides related trainings for City employees and volunteers, including Standardized Emergency Management System (SEMS) and National Incident Management System (NIMS) ; procures training services from contractors when internal skills do not meet the need; coordinates with regional, State, and Federal government agencies to establish and maintain effective working relationships, communication, and collaboration related to emergency preparedness and response; c oordinates training for Emergency Management Staff ; administers grants and grant programs to ensure financial accountability ; c oordinates Community Emergency Response Team (CERT) in the community; c onducts after action reports to identify areas of strength and areas for improvement ; assists with the development of materials to distribute to the public; speak s to civic groups, clubs and organizations to promote emergency services programs encouraging public understanding and support ; monitors regional trends and ensures that Department and City personnel are aware and prepared to respond to any potential risks to life and safety; acts as the EOC Coordinator during EOC activations, and performs other related duties as required.
EMPLOYMENT STANDARDS
Education and Experience: Equivalent to a Bachelor's degree from an accredited college or university, with major course work in emergency
management, business administration, public
administration, or a related field. Two years of experience
10.b
Packet Pg. 194
Attachment: Exhibit A - Emergency Services Coordinator (Amendment to the Classification and Salary Plan) involving emergency response program planning,
implementation, and monitoring.
Highly desired training an certificates:
Incident Command System (ICS) course work in ICS 100, 200, 300, 400, IS 700& 800 as outlined by the Federal Emergency Management Agency (FEMA). FEMA or Office of Emergency Services (OES) Master Exercise Program Practitioner training. Certificate of Emergency Management or its equivalent, issued by the International Association of Emergency Managers, or a comparable recognized management association.
Knowledge of: Federal, state and local emergency services organizations, programs and objectives; principles of staff training, development and public education; issues
related to Emergency Preparedness for natural and
human caused disasters, such as earthquakes,
hazardous materials, civil defense, and floods ; methods for regional coordination and Federal, State, and local collaboration; principles of emergency preparedness ;
international and domestic threats; principles of threat risk mitigation and vulnerability assessments.
Ability to: Work closely with, and engage the cooperation of, diverse groups, including volunteers, City employees, and
Federal, State, and local public safety agencies; make
effective presentations, provide training and information on various subjects, including emergency preparedness,
homeland security, and other related areas as directed; perform analysis in disaster planning, emergency
management, and department resource allocation;
interpret and apply Federal, State, and local laws,
ordinances, and regulations; coordinate activities across multiple City departments and other agencies;
communicate clearly and concisely, both orally and in
writing; and establish and maintain effective working
relationships with those contacted in the course of work.
Be able to respond to emergency events on a 24- hour
basis if needed.
Physical Demands: Ability to sit, stand, walk, kneel, crouch, squat, stoop, reach, crawl, twist, climb and maintain sustained posture in a seated or standing position for prolonged periods of time; occasionally lift and/or move up to 25 pounds; vision to read printed materials and a computer screen; hearing and speech to communicate in person, over the
10.b
Packet Pg. 195
Attachment: Exhibit A - Emergency Services Coordinator (Amendment to the Classification and Salary Plan) telephone, and to make public presentations; walk over
uneven surfaces; exposure to outdoor elements and
confined work spaces, electrical hazards, grease,
airborne particles, gases, chemicals, dust and
mechanical hazards associated with construction,
maintenance and repair activities; manual and physical
dexterity to operate a phone, computer keyboard, and
office equipment.
Possession of: Valid California Driver’s License.
Supplemental Information: In compliance with the American with Disabilities Act, the City of Campbell will provide reasonable accommodation
to qualified individuals with disabilities and encourages both prospective and current employees to discuss
potential accommodations with the Human Resources
Division
The City of Campbell is an Equal Opportunity Employer
10.b
Packet Pg. 196
Attachment: Exhibit A - Emergency Services Coordinator (Amendment to the Classification and Salary Plan) Effective: 2/20/2024
JOB TITLE
Step 1 Step 2 Step 3 Step 4 Step 5
EMERGENCY SERVICES COORDINATOR Hourly $60.11 $63.28 $66.61 $70.11 $73.80 Bi-Weekly $4,809.30 $5,062.43 $5,328.87 $5,609.34 $5,904.57 Monthly $10,420.17 $10,968.60 $11,545.89 $12,153.57 $12,793.23 Annual $125,042.05 $131,623.21 $138,550.75 $145,842.89 $153,518.83
STEP RANGES
10.c
Packet Pg. 197
Attachment: Exhibit B - Emergency Services Coordinator_Salary Table (Amendment to the Classification City
Council
Report
TITLE: Public Hearing to Consider the Request of Sachneel Patel on Behalf of 44 Sunnyside LLC to Allow Construction of a 6 -Lot Detached Single-Family Residential Subdivision, and Related Removal of On - Site "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.
ENVIRONMENTAL (CEQA) DETERMINATION
The Planning Commission recommends that the City Council accept a determination that this project is Categorically Exempt from environmental review under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In -Fill Development Projects which are found consistent with all applicable general plan policies and zoning regulations, are under five acres in size, and substantially surrounded by urban uses.
DISCUSSION
The City Council considered this application at its meeting of January 22, 2024.
Unfortunately, due to a noticing error, the ordinance approving the Planned Development Permit must be reintroduced following issuance of a new public hearing notice.
The application materials from the January 22, 2024 item may be viewed online on the City's website at: https://www.campbellca.gov/DocumentCenter/View/21919/44-56- Sunnyside-Agenda-Materials-2024-01-22
Item: 11
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: February 20, 2024
11 Packet Pg. 199
PLN-2023-135 ~ 44-56 Sunnyside Ave Page 2 of 2
Prepared by:
Daniel Fama, Senior Planner
Reviewed by:
Rob Eastwood, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. CC Ordinance ~ 44-56 Sunnyside Ave. (PD Permit)
b. CC Resol - 44-56 Sunnyside Ave. (T-Map, TRP)
11 Packet Pg. 200
ORDINANCE NO. ____
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT TO
ALLOW CONSTRUCTION OF SIX (6) DETACHED SMALL -LOT
SINGLE-FAMILY DWELLINGS IN ASSOCIATION WITH A
RESIDENTIAL SUBDIVISION FOR PROPERTY LOCATED AT 44 AND
56 SUNNYSIDE AVENUE. FILE NO.: PLN-2023-135
After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows:
1. The Proposed Project is an application for a Planned Development Permit to allow construction of six "small -lot single-family" residential homes with an option for integrated accessory dwelling units (ADUs) in association with a Tentative Subdivision Map to allow a new residential subdivision inclusive of six private lots and one common lot, and a Tree Removal Permit to allow removal of two "protected" White Mulberry trees.
2. The Project Site is an assemblage of two residential properties located along Sunnyside Avenue, east of Winchester Boulevard, with "net" and "gross" lot areas of approximately 17,418 square-feet and 20,418 square-feet (0.468 acres), respectively.
3. The Proposed Project was submitted under an SB -330 preliminary application filed in compliance with Government Code § 65941.1 on March 3, 2023, predating the June 2, 2023, implementation date of the new General Plan, revised Zoning Code, and Multi -Family Development and Design Standards (MFDDS).
4. Due to the aforementioned preliminary application, the application is not subject to any objective design standards nor any zoning district specific development standards.
5. The Project Site was designated at the time of pre -application submittal as Low-Medium Density Residential (6-13 units/gr. acre) and zoned P-D (Planned Development), as shown on the former Campbell General Plan and Zoning Maps, respectively.
6. The Project Site is currently developed with two single -family residences that will be demolished as part of the project.
7. The single-family residence located on the 44 Sunnyside Avenue parcel was constructed circa 1900. Due to the age of this structure and its placement on the City's list of potentially historic properties, demolition of the building could be considered a "significant impact" under the CEQA. To address this possibility, the applicant procured a historical assessment prepared by a professional historical consultant. These materials were peer-reviewed by the City’s Historical Architectural Advisor, who concurred with the determination that the property does not meet any of the minimum threshold eligibility requirements needed to be listed on the California Register of Historic Resources or as a local historic resource by the City as either a Structure of Merit or a Landmark property. As such, its demolition would not constitute a "significant impact" under CEQA.
11.a
Packet Pg. 201
Attachment: CC Ordinance ~ 44-56 Sunnyside Ave. (PD Permit) (PLN-2023-135 ~ 44-56 Sunnyside Ave) City Council Ordinance – Planned Development Permit Page 2 of 4 44 and 56 Sunnyside Avenue
8. The Proposed Project's six units would result in a density of 12.8 units/gr. acre (6 units ÷
0.468 gross acres), consistent with the density range of the applicable Medium Density Residential (14-20 units/gr. acre) designation. Although six units exceeds the allowable five units otherwise specified by former CMC Sec. 21.08.050.E., Table 2 -6 (General Development Standards – R-M Zoning District), pursuant to California Government Code § 65589.5, in cases where the general plan and zoning ordinance do not matc h, a project is only required to comply with the general plan.
9. The Proposed Project includes provision for interior accessory dwelling units, fulfilling the City's accessory dwelling unit (ADU) "Development Policy" (CMC Section 21.23.090) that requires twenty percent (20%) percent of new dwellings within a residential subdivision with five or more parcels to be designed to allow for future creation of an accessory dwelling unit, or alternatively, include an accessory dwelling unit.
10. Accessory dwelling units are not considered dwelling units for purposes of residential density or the Inclusionary Housing Ordinance pursuant to former CMC Section 21.04.020, Table 2- 1, Note (1), and Section 21.24.030 – Definition of "Residential Project," respectively.
11. The proposed Planned Development Permit would be adopted by City Council ordinance as also required by former CMC Section 21.12.030.H.10.c(1), because the project consists of the construction of more than twenty thousand square feet of gross floor area.
12. The Proposed Project is not subject to the provisions CMC Chapter 21.24 (Inclusionary Housing Ordinance) in that it has fewer than 10 housing units.
13. The Proposed Project is a "housing development project" under State law, which limits the City in its capability to "deny, reduce the density for, or render infeasible" the project under the Housing Accountability Act (HAA) (Government Code Section 65589. 5) unless: 1) the proposal is found to be in violation of an objective general plan/zoning standard (other than those waived/reduced through use of the Density Bonus law); or 2) the project will result in a specific adverse impact to public health and safety.
14. The Proposed Project would be consistent with the following General Plan policies and strategies:
Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services.
Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics.
Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment.
11.a
Packet Pg. 202
Attachment: CC Ordinance ~ 44-56 Sunnyside Ave. (PD Permit) (PLN-2023-135 ~ 44-56 Sunnyside Ave) City Council Ordinance – Planned Development Permit Page 3 of 4 44 and 56 Sunnyside Avenue
15. In review of the proposed project, the City Council considered the site circulation, traffic congestion, and traffic safety effects of the project, including the effect of the site development plan on traffic conditions on abutting streets; the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways; the arrangement and adequacy of off -street parking facilities to prevent traffic congestion; the location, arrangement, and dimensions of truck loading and unloading facilities; the circulation patterns within the boundaries of the development, and; the surfacing and lighting of the off-street parking facilities.
16. The City Council further considered the landscaping design of the proposed project, including the location, height, and material of fences, walls, hedges, and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations, and other unsightly aspects of the development; the planting of groundcover or other surfacing to prevent dust and erosion, and the preservation of existing healthy trees.
17. The City Council further considered the proposed project's architectural and site layout, including the general silhouette and mass, including location on the site, elevations, and relation to natural plant coverage, all in relationship to the surrounding neighborhood; th e exterior design in relation to adjoining structures in terms of area, bulk, height, openings, and breaks in the facade facing the street; and appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole.
18. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment.
19. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project.
20. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project.
Based upon the foregoing findings of fact and in consideration of the entire administrative record, the City Council further finds and concludes that:
Planned Development Permit Findings (CMC Sec. 21.12.030.H.6):
1. The proposed development will clearly result in a more desirable environment and use of the land than would be possible under any other zoning district classification;
2. The proposed development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area;
3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property;
4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole;
11.a
Packet Pg. 203
Attachment: CC Ordinance ~ 44-56 Sunnyside Ave. (PD Permit) (PLN-2023-135 ~ 44-56 Sunnyside Ave) City Council Ordinance – Planned Development Permit Page 4 of 4 44 and 56 Sunnyside Avenue
5. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project;
6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project;
7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment; Environmental Findings (CMC Sec. 21.38.050):
8. This project is Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In-Fill Development Projects which are found consistent with all applicable general plan policies and zoning regulations, are under five acres in size, and substantially surrounded by urban uses; and
9. There are no unusual circumstances that would prevent the project from qualifying as Categorically Exempt per Section 15300.2 of the CEQA Guidelines, including specifically that the subject property does not contain an "historical resource" under CEQA.
SECTION ONE: That this Ordinance be adopted to approve a Planned Development Permit (PLN2018-156) to allow construction of six (6) detached small -lot single -family dwellings in association with a residential subdivision, for property located at 44 and 56 Sunnyside Avenue, subject to the attached Conditions of Approval (attached Exhibit A).
SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Metro Silicon Valley, a newspaper of general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this _______ day of ________________, 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
11.a
Packet Pg. 204
Attachment: CC Ordinance ~ 44-56 Sunnyside Ave. (PD Permit) (PLN-2023-135 ~ 44-56 Sunnyside Ave)
EXHIBIT A
CONDITIONS OF APPROVAL
Planned Development Permit
Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, or dinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project : Approval is granted for Planned Development Permit to allow the construction of six (6) detached single-family dwellings, in association with a new residential subdivision, on property located at 44 and 56 Sunnyside Avenue . The Approved Project shall substantially conform to the Approved Project Plans included as Attachment E in the January 22, 2024, City Council Staff Report, except as may be modified by conditions of approval contained herein.
2. Permit Expiration: Approval of the Planned Development Permit shall be valid for two (2) years from the effective date of this City Council Ordinance. Within this two -year period a Building Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void.
3. Tract Map: Exercise of this Planned Development Permit is contingent upon recordation of the Tract Map associated with the Tentative Subdivision Map approved by separate action.
The Tract Map shall be recorded prior to the issuance of building or grading permits.
However, the Tract Map may not be recorded if the Planned Development Permit expires or is otherwise rendered void.
4. Planning Final Required: Planning Division clearance is required prior to Building Permit final.
Construction not in substantial compliance with the Approved Project Plans shall not be approved without prior authorization.
5. Minor Revisions: Architectural refinements and other minor revisions to the Approved Project Plans, may be administratively approved by the Community Development Director pursuant to CMC Sec. 21.56.060.
6. ADU Ready : In compliance with CMC Sec. 21.23.090, at least one of the single -family dwellings shall be made "ADU ready" meaning pre-installation of electrical, domestic water, and sanitation utilities necessary to accommodate a future bathroom and kitchen to serve an ADU or alternatively include creation of the ADU.
7. Deed Restriction: The applicant shall record deed restrictions on the parcels containing accessory dwelling units consistent with CMC Section 21.23.070 prior to the issuance of building permits.
11.a
Packet Pg. 205
Attachment: CC Ordinance ~ 44-56 Sunnyside Ave. (PD Permit) (PLN-2023-135 ~ 44-56 Sunnyside Ave) Conditions of Approval – Planned Development Permit Page 2 44 and 56 Sunnyside Avenue
8. On-Site Lighting : On -site lighting shall be shielded away from adjacent properties and directed on site in compliance with City of Campbell Lighting Design Standards (CMC
21.18.090).
9. Utility Boxes and Back-Flow Preventers: The applicant shall submit a plan prior to installation of the underground PG&E utility (transformer) boxes and San Jose Water Company back - flow preventers, indicating the location of the boxes for approval by the Community Development Director. Any transformers shall be screened with landscaping and/or artistically painted.
10. Fences/Walls: Any newly proposed fencing and/or walls shall comply with CMC Section
21.18.060.
11. Tree Protection Plan: The tree protection measures identified by the "44 & 56 Sunnyside Ave Arborist Report 2023" are herein incorporated by reference and shall be implemented prior to issuance of building, grading, or demolition permits.
12. Water Efficient Landscape Standards: This project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO). The building permit application for grading and on-site improvements shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following. Replacement trees shall be provided consistent with the Conditions of Approval of the associated Tree Removal Permit. a. A Landscape Documentation Package prepared by an authorized and licensed professional demonstrating compliance with the full MWELO requirements with the following required elements:
1) Project Information per Section 492.3.
2) Water Efficient Landscape Worksheet per Section 492.4 (Appendix B of the MWELO).
i. Include the worksheet within the plan set AND
ii. Provide a separate 8.5x11 hard copy or pdf via email to the project planner.
3) Soil Management Report per Section 492.5 (unless significant mass grading is planned, in which case the report shall be submitted prior to permit final). 4) Landscape Design Plan per Section 492.6.
5) Irrigation Design Plan per Section 492.7.
6) Grading Design Plan per Section 492.8.
Note that a Soil Management Report (if not submitted as part of the Landscape Documentation Package) and Certificate of Completion will be required prior to permit final.
b. A completed Landscape Information Form.
c. A note on the Cover Sheet in minimum 1/2” high lettering stating “Planning Final Required. The new landscaping indicated on the plans must be installed prior to final inspection. Changes to the landscaping plan require Planning approval.”
11.a
Packet Pg. 206
Attachment: CC Ordinance ~ 44-56 Sunnyside Ave. (PD Permit) (PLN-2023-135 ~ 44-56 Sunnyside Ave) Conditions of Approval – Planned Development Permit Page 3 44 and 56 Sunnyside Avenue
13. Construction Activities : The applicant shall abide by the following requirements during construction and demolition activity:
A. General City Requirements : Construction activity shall comply with these general City construction requirements:
a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official.
c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise -generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise - sensitive receptors such as existing residences and businesses.
B. Noise Attenuation Measures: Due to the proximity of adjacent residences, the following noise attenuation measures shall be implemented:
a. All construction equipment shall be properly maintained in good working order. b. Prior to construction activities, designate a “Construction Noise Coordinator” who would be responsible for responding to any local complaints about construction noise. The Construction Noise Coordinator shall determine the cause of the complaint and shall require that reasonable measures warranted to correct the problem be implemented (potentially including temporary noise barriers). The telephone number for the Construction Noise Coordinator shall be conspicuously posted at the construction site.
c. The construction contractor shall provide, at least three weeks prior to the start of construction activities, written notification to all nearby residential units within 200 feet of the construction site informing them of the estimated start date and duration of construction activities.
d. Locate temporary generators and air compressors (if utilized) as far away from sensitive noise receptors as necessary to reduce noise.
C. BAAQMD Required Fugitive Dust Control Measures: The applicant shall require their construction contractors to reduce construction -related fugitive dust by implementing BAAQMD’s basic control measures at all construction and staging areas, including:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off site shall be covered.
11.a
Packet Pg. 207
Attachment: CC Ordinance ~ 44-56 Sunnyside Ave. (PD Permit) (PLN-2023-135 ~ 44-56 Sunnyside Ave) Conditions of Approval – Planned Development Permit Page 4 44 and 56 Sunnyside Avenue
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. A publicly visible sign shall be posted with the telephone number and person to contact the builder regarding dust complaints. This person shall respond and take corrective action with ub 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.
D. BAAQMD Required Basic Exhaust Emissions Reduction Measures. The applicant shall require their construction contractors to implement the following measures during construction to reduce exhaust emissions:
a. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points.
b. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
E. Construction Hours/Fines/Stop Work Notice: Failure to comply with above requirements that result in verified complaints may result in the issuance of a Stop Work Notice issued to the project with cessation of work for a minimum of seven (7) days from the date of issuance and an Administrative fine of up to $1,000.00.
F. Timely Completion : Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event the building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work.
Building Division
14. Permit Required: Building permit applications shall be required for each new dwelling, and include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
15. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permits.
16. Construction Fencing: The property shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done.
11.a
Packet Pg. 208
Attachment: CC Ordinance ~ 44-56 Sunnyside Ave. (PD Permit) (PLN-2023-135 ~ 44-56 Sunnyside Ave) Conditions of Approval – Planned Development Permit Page 5 44 and 56 Sunnyside Avenue
FIRE DEPARTMENT
17. Aerial Access Required : Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. 2. Width: Fire apparatus access roads shall have a minimum unobstructed width of 26 feet (7925) in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. 3. Proximity to building: At least one of the required access routes meeting this condition shall be located within a minimum of 15 fe et (4572) and a maximum of 30 feet (9144mm) from the building, and shall be positioned parallel to one entire side of the building, as approved by the fire code official [CFC Chp. 5 and SCCFD SD&S A-1].
-Aerial access roadways shall meet the minimum road width of 26 feet -Aerial access roadways shall meet the required outside turning radii of 60 feet -Aerial access shown on sheet A19.
-Aerial access shall not be obstructed by any trees, balconies, or power lines.
18. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed in all new one- and two-family dwellings.
- Sprinklers noted on sheet A01.
19. Fire Aerial Apparatus Access Roadway Required: Provide an access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 50 feet outside, and a maximum slope of 15%.
Surface shall be capable of supporting 75K pounds. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503. -Loading capacity verification shown on sheet TM4.
20. Fire Lanes Required: The minimum clear width of fire department access roads shall be 26 feet since aerial access is required. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. The entire 26 foot fire apparatus access roads shall be marked as fire lanes. Si gns or other approved notices shall be posted.
-Sheet A06 and TM4 shows proposed location of fire lane signs and red curb.
21. Fire Lanes Required: The minimum clear width of fire department access roads shall be 26 feet since aerial access is required. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. The entire 26 foot fire apparatus access roads shall be marked as fire lanes. Si gns or other approved notices shall be posted.
-Sheet A06 and TM4 shows proposed location of fire lane signs and red curb.
22. Ground Ladder Rescue Required: Ground-ladder rescue from second and third floor rooms shall be made possible for fire department operations. Climbing angle of seventy five degrees shall be demonstrated on the plans and maintained. Landscaping shall not be allowed to interfere with the required access (CFC Sec. 503 and 1031 NFPA 1932 Sec. 5.1.8 through
5.1.9.2).
-Sheet A19 and sheet A06 shows ground ladder access to emergency egress windows. -No landscaping, trees, fences, or buildings shall obstruct ladder access.
11.a
Packet Pg. 209
Attachment: CC Ordinance ~ 44-56 Sunnyside Ave. (PD Permit) (PLN-2023-135 ~ 44-56 Sunnyside Ave) Conditions of Approval – Planned Development Permit Page 6 44 and 56 Sunnyside Avenue
23. Construction Site Fire Safety: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
24. Buildings and Facilities Access: Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1].
25. Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.
26. Water Supply Requirements: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water -based fire protection systems, and/or fire suppression water supply systems or storage containers that may be ph ysically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
11.a
Packet Pg. 210
Attachment: CC Ordinance ~ 44-56 Sunnyside Ave. (PD Permit) (PLN-2023-135 ~ 44-56 Sunnyside Ave) RESOLUTION NO. ___
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP TO
ALLOW A NEW RESIDENTIAL SUBDIVISION WITH SIX PRIVATE
LOTS AND ONE COMMON LOT AND A TREE REMOVAL PERMIT
FOR REMOVAL OF TWO ON -SITE 'PROTECTED' TREES IN
ASSOCIATION WITH CONSTRUCTION OF SIX (6) DETACHED
SMALL-LOT SINGLE -FAMILY DWELLINGS , FOR PROPERTY
LOCATED AT 44 AND 56 SUNNYSIDE AVENUE . FILE NO.: PLN - 2023-135
After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regard to the approval of a Tentative Subdivision Map and Tree Removal Permit:
1. The Proposed Project is an application for a Tentative Subdivision Map to allow a new residential subdivision inclusive of six private lots and one common lot, and a Tree Removal Permit to allow removal of two "protected" White Mulberry trees , in association with a Planned Development Permit to allow construction of six "small -lot single-family" residential homes with an option for integrated accessory dwelling units (ADUs).
2. The Project Site is an assemblage of two residential properties located along Sunnyside Avenue, east of Winchester Boulevard, with "net" and "gross" lot areas of approximately 17,418 square-feet and 20,418 square-feet (0.468 acres), respectively.
3. The Proposed Project was submitted under an SB -330 preliminary application filed in compliance with Government Code § 65941.1 on March 3, 2023, predating the June 2, 2023, implementation date of the new General Plan, revised Zoning Code, and Multi- Family Development and Design Standards (MFDDS).
4. Due to the aforementioned preliminary application, the application is not subject to any objective design standards nor any zoning district specific development standards.
5. The Project Site was designated at the time of pre -application submittal as Low- Medium Density Residential (6 -13 units/gr. acre) and zoned P -D (Planned Development), as shown on the former Campbell General Plan and Zoning Maps, respectively.
6. The Project Site is currently developed with two single -family residences that will be demolished as part of the project.
7. The single -family residence located on the 44 Sunnyside Avenue parcel was constructed circa 1900. Due to the age of this structure and its placement on the City's list of potentially historic properties, demolition of the building could be considered a "significant impact" under the CEQA. To address this possibility, the applicant procured
11.b
Packet Pg. 211
Attachment: CC Resol - 44-56 Sunnyside Ave. (T-Map, TRP) (PLN-2023-135 ~ 44-56 Sunnyside Ave) City Council Resolution – T-Map & Tree Removal Permit Page 2 of 4 44 and 56 Sunnyside Avenue
a historical assessment prepared by a professional historical consultant. These materials were peer -reviewed by the City’s Historical Architectural Advisor, who concurred with the determination that the property does not meet any of the minimum threshold e ligibility requirements needed to be listed on the California Register of Historic Resources or as a local historic resource by the City as either a Structure of Merit or a Landmark property. As such, its demolition would not constitute a "significant impact" under CEQA.
8. The Proposed Project's six units would result in a density of 12.8 units/gr. acre (6 units ÷ 0.468 gross acres), consistent with the density range of the applicable Medium Density Residential (14-20 units/gr. acre) designation. Although six units exceeds the allowable five units otherwise specified by former CMC Sec. 21.08.050.E., Table 2 -6 (General Development Standards – R-M Zoning District), pursuant to California Government Code § 65589.5, in cases where the general plan and zoning ordinance do not match, a project is only required to comply with the general plan.
9. The Proposed Project is not subject to the provisions CMC Chapter 21.24 (Inclusionary Housing Ordinance) in that it has fewer than 10 housing units.
10. The Proposed Project is a "housing development project" under State law, which limits the City in its capability to "deny, reduce the density for, or render infeasible" the project under the Housing Accountability Act (HAA) (Government Code Section 65589. 5) unless: 1) the proposal is found to be in violation of an objective general plan/zoning standard (other than those waived/reduced through use of the Density Bonus law); or 2) the project will result in a specific adverse impact to public health and safety.
11. The Proposed Project would be consistent with the following General Plan policies and strategies:
Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services.
Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics.
Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment.
12. The Tentative Vesting Subdivision Map will allow creation of privately held parcels for fee title ownership as well as common parcels to be improved with a private roadway, parking, open space, and landscaping.
11.b
Packet Pg. 212
Attachment: CC Resol - 44-56 Sunnyside Ave. (T-Map, TRP) (PLN-2023-135 ~ 44-56 Sunnyside Ave) City Council Resolution – T-Map & Tree Removal Permit Page 3 of 4 44 and 56 Sunnyside Avenue
13. As a condition of approval, the applicant shall record Covenants, Codes and Restrictions (CC&R’s) for the Proposed Project, forming a Homeowner's Association (HOA) and formalizing the operational responsibilities of the HOA and satisfying the "exception to access requirement" for a lots without frontage upon a public street pursuant to CMC Sec. 20.16.035.
14. The proposed Tentative Subdivision Map incorporates a requirement for off-site public improvements including dedication of right -of-way for public street purposes and installation of City standard curb, gutter, sidewalk, driveways, and street tree(s).
15. The Proposed Project incorporates a requirement for off -site public improvements including dedication of right -of-way for public street purposes and installation of City standard curb, gutter, sidewalk, driveways, street tree(s), and street light(s).
16. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment.
17. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project.
18. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
Tentative Subdivision Map Findings (Govt. Code § 66410 et seq.):
1. That the proposed map is consistent with applicable general and specific plans;
2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
3. That the site is physically suitable for the type of development;
4. That the site is physically suitable for the proposed density of development;
5. That the design of the subdivision or the propose improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6. The design of the subdivision or the type of improvements will not cause serious public health problems; and
7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or that alternative easements for access will be provided, and that these will be substantially equivalent to ones previously acquired by the public;
11.b
Packet Pg. 213
Attachment: CC Resol - 44-56 Sunnyside Ave. (T-Map, TRP) (PLN-2023-135 ~ 44-56 Sunnyside Ave) City Council Resolution – T-Map & Tree Removal Permit Page 4 of 4 44 and 56 Sunnyside Avenue
Tree Removal Permit Finding(s) (CMC Sec. 21.32.080.A):
8. Economic enjoyment and hardship. The retention of the tree(s) restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree(s);
Environmental Findings (CMC Sec. 21.38.050):
9. This project is Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In-Fill Development Projects which are found consistent with all applicable general plan policies and zoning regulations, are under five acres in size, and substantially surrounded by urban uses; and
10. There are no unusual circumstances that would prevent the project from qualifying as Categorically Exempt per Section 15300.2 of the CEQA Guidelines, including specifically that the s ubject property does not contain an "historical resource" under CEQA.
THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Subdivision Map to allow a new residential subdivision inclusive of six private lots and one common lot, and a Tree Removal Permit to allow removal of two "protected" White Mulberry trees, on property located at 44 and 56 Sunnyside Avenue, subject to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this _______ day of ________________, 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
11.b
Packet Pg. 214
Attachment: CC Resol - 44-56 Sunnyside Ave. (T-Map, TRP) (PLN-2023-135 ~ 44-56 Sunnyside Ave)
EXHIBIT A
CONDITIONS OF APPROVAL
Tentative Subdivision Map and Tree Removal Permit
Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review.
Additionally, the appli cant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project: Approval is granted for a Tentative Subdivision Map to allow a new residential subdivision inclusive of six private lots and one common lot, and a Tree Removal Permit to allow removal of two "protected" White Mulberry trees, on property located at 44 and 56 Sunnyside Avenue. The Tract Map shall substantially conform to the Tentative Subdivision Map (and associated civil sheets), included as Attachment E in the January 22, 2024, City Council Staff Report, except as may be modified by conditions of approval contained herein.
2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two (2) years from the effective date of the City Council Ordinance approving the associated Planned Development Permit. Within this time period, the Tract Map ("final map") shall be approved by the City Council and recorded with the Office of the Santa Clara County Clerk-Recorder.
3. Planned Development Permit : The Tentative Vesting Subdivision Map is contingent upon approval of the associated Planned Development Permit. However, a Tract Map may not be recorded if the Planned Development Permit expires or is otherwise rendered void.
4. Street Name : The tract map shall indicate the street name authorized by the Community Development Director.
5. Timing of Tree Removal: Protected tree(s) shall be removed only in conjunction with demolition of existing on-site structures upon issuance of a Demolition Permit.
6. Tree Protection Plan : The tree protection measures identified by the "44 & 56 Sunnyside Ave Arborist Report 2023" are herein incorporated by reference and shall be implemented prior to issuance of permits.
7. Construction Measures: The construction activity requirements identified in Condition of Approval No. 1 3 of the City Council Ordinance approving the associated Planned Development Permit are herein incorporated by reference and shall be implemented for demolition activity required prior to recordation of the tract map.
11.b
Packet Pg. 215
Attachment: CC Resol - 44-56 Sunnyside Ave. (T-Map, TRP) (PLN-2023-135 ~ 44-56 Sunnyside Ave) Conditions of Approval – T-Map and Tree Removal Permit Page 2 44 and 56 Sunnyside Avenue
8. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished o r removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code).
9. Covenants, Codes and Restrictions (CC&R’s): Prior recordation of the Tract Map, the applicant shall submit for review and approval by the City a copy of the draft CC&R’s which shall include the following provisions. The draft CC&R's shall be accompanied with a response letter that indicates where in the CC&R's each of the following provisions has been addressed. The applicant shall remunerate the City for the full cost incurred by the City to review the draft CC&R's.
a. Formation of a Homeowner’s Association (HOA) to ensure the long -term maintenance of buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project consistent with the Approved Project Plans.
c. Definition of common areas to be maintained and provision of maintenance for these areas.
d. Provision which shall define the rights of use, allowable landscape or open space improvements.
e. Provision that all landscaping—including private landscaping located in front, side, and rear yards—shall be maintained in compliance with the Model Water Efficient Landscape Ordinance (MWELO) Landscape Documentation Package. f. Provision of a funding mechanism to ensure maintenance and upkeep of common areas.
g. Provision to provide ongoing maintenance of the required private roadways, landscaping, and etc.
h. Provision of liability insurance in amount in keeping with accepted industry standards covering all common areas and all damage or injury caused by negligence of the HOA, its board or any of its agents, or the Owners, against any liability to the public or to any Owner incident to the use of or resulting from any accident or intentional or unintentional act of an Owner or third -party occurring in or about any common area.
i. Provision that requires ongoing maintenance of the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height.
j. Provision for regular monitoring and maintenance of the stormwater system, in accordance with the manufacturer’s recommendations, including the permeable pavement system.
k. Provision for regular monitoring and maintenance of the private sanitary system as documented by the design engineer.
11.b
Packet Pg. 216
Attachment: CC Resol - 44-56 Sunnyside Ave. (T-Map, TRP) (PLN-2023-135 ~ 44-56 Sunnyside Ave) Conditions of Approval – T-Map and Tree Removal Permit Page 3 44 and 56 Sunnyside Avenue
l. Provision for the availability of interior garage space for the parking of vehicles at all times.
m. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles.
n. Provision to prohibit vehicle washing, and vehicle repair and maintenance activities in the project site, including, but not limited to garages and common parking areas.
PUBLIC WORKS DEPARTMENT
10. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application:
a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street- Improvements
b. Building Permit for On-Site / Grading & Drainage Plans: The on-site grading, drainage, stormwater, landscaping, ADA and site improvements for the project shall be shown on a separate building permit plan as detailed here:
https://www.campbellca.gov/DocumentCenter/View/16594
c. Tract Map: The subdivision map documents required for this project shall be submitted for review by the City Surveyor as detailed here:
https://www.campbellca.gov/DocumentCenter/View/1478
11. Tract (Final) Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Tract Map for review by the City and recordation, upon approval by the City Council, pay various fees/deposits and submit the map in a digital format acceptable to the City.
12. City Alleyway: Consistent with recent projects in the area, the Tract Map shall include a restriction on access from this project to the adjacent City alleyway.
13. Right-of-Way for Public Street Purposes : Upon recordation of the Tract Map, the applicant shall fully complete the process to cause additional right -of-way to be granted in fee for public street purposes along the Sunnyside Avenue frontage to accommodate the new detached sidewalk, unless otherw ise approved by the City Engineer. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff’s comments and fully complete the right-of-way process. Th e applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City’s review and recordation.
14. Private Easements: Upon recordation of the Tract Map, the applicant shall cause private easements to be recorded for private utilities, reciprocal ingress and egress, emergency vehicles, etc.
15. Monumentation for Tract Map: Prior to recordation of the Tract Map, the applicant shall provide a cash deposit for setting all monuments shown on the map.
11.b
Packet Pg. 217
Attachment: CC Resol - 44-56 Sunnyside Ave. (T-Map, TRP) (PLN-2023-135 ~ 44-56 Sunnyside Ave) Conditions of Approval – T-Map and Tree Removal Permit Page 4 44 and 56 Sunnyside Avenue
Monuments shall be set per section 20.76.010 of the Campbell Municipal Code including but not limited to setting permanent pipe monuments (three -fourths inch galvanized steel pipe two feet long approximately six inches below finished grade) at each boundary of all lot corners within a subdivision, along the exterior boundary lines at intervals of approximately five hundred feet and at all beginning of curves and ending of curves on property lines, and monument boxes at intersections of all street monument line tangents.
16. Park Impact Fee: A fee in-lieu of parkland dedication pursuant to Campbell Municipal Code (CMC) Chapter 20.24 (Park Impact Fees and Park Land Dedication Subdivisions) is required. The in -lieu fee shall be equal to the fee for six (6) new dwelling units based on the Single- family rate, less credit for two (2) existing single- family dwellings at the Single-family rate. The fee in effect at the time of payment, as established by the City's Schedule of Fees, shall be the fee due. The fee shall be due to prior to recordation of the Tract Map.
17. Demolition: Prior to recordation of the Tract Map the applicant shall obtain a demolition permit and remove any nonconforming structures.
18. Soils Report: Upon submittal of the Tract Map, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer.
19. Grading and Drainage Plan: Prior to recordation of the Tract Map, the applicant shall conduct hydrology studies based on a ten -year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. Prior to occupancy, the design engineer shall provide written certification that the development has been built per the engineered grading and drainage plans.
20. Storm Drain Area Fee: Prior to recordation of the Tract Map, the applicant shall pay the required Storm Drain Area fee, currently set at $2,120.00 per net acre, which is $847.79 (set for R-1 land use).
21. Stormwater Pollution Prevention Measures : Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment (“CA BMP Handbook”) by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection (“Start at the Source”) by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source (“Using Site Design Techniques”) by BASMAA, 2003.
11.b
Packet Pg. 218
Attachment: CC Resol - 44-56 Sunnyside Ave. (T-Map, TRP) (PLN-2023-135 ~ 44-56 Sunnyside Ave) Conditions of Approval – T-Map and Tree Removal Permit Page 5 44 and 56 Sunnyside Avenue
22. Permeable Pavement: The proposed stormwater treatment plan is dependent on the use of permeable pavement for the common area driveway. Therefore, this project is required to use permeable pavers or permeable concrete for the areas as identified on the included stormwater treatment plan. The CC&R’s for the project shall require the HOA to perform annual maintenance of the permeable pavement, including vacuum sweeping of the permeable pavement prior to the beginning of the rainy season.
23. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line.
24. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible.
25. Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City’s Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restora tion requirements associated with the Street Cut Moratorium. The City’s Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements.
26. Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits:
Prior to recordation of the Tract Map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer:
a. Show location of all existing utilities within the new and existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area.
c. Removal of existing driveway approaches, curb, gutter and sidewalk. d. Installation of City approved street trees, tree wells and irrigation at 30 feet on center.
e. Installation of City standard curb, gutter, detached sidewalk and ADA compliant driveway approach.
11.b
Packet Pg. 219
Attachment: CC Resol - 44-56 Sunnyside Ave. (T-Map, TRP) (PLN-2023-135 ~ 44-56 Sunnyside Ave) Conditions of Approval – T-Map and Tree Removal Permit Page 6 44 and 56 Sunnyside Avenue
f. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. g. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell’s Street Lighting Policies. h. Installation of traffic control, stripes and signs.
i. Construction of conforms to existing public and private improvements, as necessary.
j. Submit final plans in a digital format acceptable to the City.
27. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City.
28. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height.
29. Utility Encroachment Permit: Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work.
30. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City.
11.b
Packet Pg. 220
Attachment: CC Resol - 44-56 Sunnyside Ave. (T-Map, TRP) (PLN-2023-135 ~ 44-56 Sunnyside Ave) City
Council
Report
TITLE: Continued 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 Includes a Planned
Development Permit Submitted Under an SB -330 Preliminary 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.
ENVIRONMENTAL (CEQA) DETERMINATION
The Planning Commission recommends that the City Council accept a determination that this project is Categorically Exempt from environmental review under Section 15303(b) of the California Environmental Quality Act (CEQA) Guidelines, pertaining to the construction of duplex or similar multi -family residential structures designed for not more than six dwelling units in an urbanized area.
DISCUSSION
This application was considered by the City Council at its meeting of January 22, 2024.
During the public hearing, the applicant requested that the City Council reduce to the extent of off-site public improvements required of the project, specifically the dedication of additional right -of-way and construction of a new sidewalk and park strip along Kennedy Avenue. The City Council provided initial direction to staff to amend the conditions of approval addressing the applicant’s request. The January 22nd packet materials may be viewed online on the City's website at:
https://www.campbellca.gov/DocumentCenter/View/21920/105-Kennedy-Agenda- Materials-2024-01-22
The City Council continued the public hearing and directed staff to work with the applicant per the Council's direction to provided revised plans and conditions of approval. The revised project plans, included as Attachment B, now show retention of Item: 12
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: February 20, 2024
12 Packet Pg. 221
PLN-2023-119 ~ 105 Kennedy Ave Page 2 of 2
the existing sidewalk alignment along Kennedy Avenue, with a commensurate reduction in right-of-way dedication. The revised conditions of approval now require construction of a 4-foot sidewalk only along the Industrial Street frontage, including reconstruction of existing driveways and upgrading the corner of Kennedy Avenue and Industrial Street with ADA -compliant ramp(s) . The Kennedy Avenue sidewalk will be required to be repaired as necessary to correct broken/uplifted curb and gutter.
Note that the Public Works Department will present a related request to vacate the existing sidewalk easement along Industrial Street at the Council's March 19th meeting.
Prepared by:
Daniel Fama, Senior Planner
Reviewed by:
Rob Eastwood, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. CC Resol - 105 Kennedy Ave - Revised
b. Revised Project Plans
12 Packet Pg. 222
RESOLUTION NO. ____
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A PLANNED DEVELOPMENT PERMIT 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. FILE NO.: PLN-2023-119
After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regard to the approval of a Planned Development Permit:
1. The Proposed Project is an application for a Planned Development Permit to all ow construction of a two-level stacked two-level, 1,940 square-foot duplex on an existing residential property developed with a detached single -family home to remain, as well vacation and abandonment of an existing public easement that will no longer serve a public purpose and reconstruction of an existing 6-foot fence.
2. The Project Site is a n approximately 4,900 square-foot (net) parcel (7,965 gross square-feet) located at the northwest corner of Kennedy Avenue and Industrial Street.
3. The Proposed Project was submitted under an SB-330 preliminary application filed in compliance with Government Code § 65941.1 on April 28, 2023, predating the June 2, 2023, implementation date of the new General Plan, revised Zoning Code, and Multi - Family Development and Design Standards (MFDDS).
4. Due to the aforementioned preliminary application, the application is not subject to any objective design standards nor any zoning district specific development standards.
5. The Project Site was designated at the time of pre -application submittal as Medium Density Residential (14-20 units/gr. acre) and zoned P-D (Planned Development), as shown on the former Campbell General Plan and Zoning Maps, respectively.
6. The Project Site is currently developed with a single-family residence that would remain with the project, which is currently being remodeled under a separate permit.
7. The Proposed Project's three units would result in a density of 16.4 units/gr. acre (3 units ÷ 0.182 gross acres), consistent with the density range of the applicable Medium Density Residential (14 -20 units/gr. acre) designation. Although three units exceeds the allowable one unit otherwise specified by former CMC Sec. 21.08.060.E., Table 2- 6 (General Development Standards – R-2 Zoning District), pursuant to Cal ifornia Government Code § 65589.5, in cases where the general plan and zonin g ordinance do not match, a project is only required to comply with the general plan.
12.a
Packet Pg. 223
Attachment: CC Resol - 105 Kennedy Ave - Revised (PLN-2023-119 ~ 105 Kennedy Ave) City Council Resolution – P-D Permit Page 2 of 4 105 Kennedy Avenue
8. The Proposed Project is not subject to the provisions CMC Chapter 21.24 (Inclusionary Housing Ordinance) in that it has fewer than 10 housing units.
9. Pursuant to CMC Section 21.18.060.G., the decision -making body on a discretionary development application may allow a deviation from the fencing requirements if it can establish the findings for a Fence Exception contained in CMC Section 21.18.060.E.
The request to allow reconstruction of an existing fence, even though it would be located in the "sight-triangle" due to the relocation of the public sidewalk will not present a safety impact based on the sight lines and the Kennedy/Industrial corner being a 4 - way stop controlled intersection.
10. The Proposed Project is a "housing development project" under State law, which limits the City in its capability to "deny, reduce the density for, or render infeasible" the project under the Housing Accountability Act (HAA) (Government Code Section 65589.5) unless: 1) the proposal is found to be in violation of an objective general plan/zoning standard (other than those waived/reduced through use of the Density Bonus law); or 2) the project will result in a specific adverse impact to public health and safety.
11. The Proposed Project would be consistent with the following General Plan policies and strategies:
Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services.
Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics.
Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment.
12. The Proposed Project incorporates a requirement for off -site public improvements including dedication of right -of-way for public street purposes and installation of City standard curb, gutter, sidewalk, driveways, street tree(s), and street light(s).
13. In review of the proposed project, the City Council considered the site circulation, traffic congestion, and traffic safety effects of the project, including the effect of the site development plan on traffic conditions on abutting streets; the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways; the arrangement and adequacy of off-street parking facilities to prevent traffic congestion; the location, arrangement, and dimensions of truck loading and unloading facilities; the circulation patterns within the boundaries of the development, and; the surfacing and lighting of the off-street parking facilities.
12.a
Packet Pg. 224
Attachment: CC Resol - 105 Kennedy Ave - Revised (PLN-2023-119 ~ 105 Kennedy Ave) City Council Resolution – P-D Permit Page 3 of 4 105 Kennedy Avenue
14. The City Council further considered the landscaping design of the proposed project, including the location, height, and material of fences, walls, hedges, and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations, and other unsightly aspects of the d evelopment; the planting of groundcover or other surfacing to prevent dust and erosion, and the preservation of existing healthy trees.
15. The City Council further considered the proposed project's architectural and site layout, including the general silhouette and mass, including location on the site, elevations, and relation to natural plant coverage, all in relationship to the surrounding neighborhood; the exterior design in relation to adjoining structures in terms of area, bulk, height, openings, and breaks in the facade facing the street; and appropriateness and compatibility of the proposed uses in relation to the adjacent uses and the area as a whole.
16. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment.
17. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project.
18. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project.
Based upon the foregoing findings of fact and in consideration of the entire administrative record, the City Council further finds and concludes that:
Planned Development Permit Findings (CMC Sec. 21.12.030.H.6):
1. The proposed development will clearly result in a more desirable environment and use of the land than would be possible under any other zoning district classification;
2. The proposed development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area;
3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property;
4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole;
Fence Exception Findings (CMC Sec. 21.42.060.B)
5. The [increased height] would not impair pedestrian or vehicular safety;
6. The [increased height] would result in a more desirable site layout;
12.a
Packet Pg. 225
Attachment: CC Resol - 105 Kennedy Ave - Revised (PLN-2023-119 ~ 105 Kennedy Ave) City Council Resolution – P-D Permit Page 4 of 4
105 Kennedy Avenue
7. The [increased height] would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the change;
8. The [increased height] would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; Environmental Findings (CMC Sec. 21.38.050):
9. This project is Categorically Exempt under per Section 15303(b) of the California Environmental Quality Act (CEQA), pertaining to the construction of duplex or similar multi-family residential structures designed for not more than six dwelling units in an urbanized area; and
10. There are no unusual circumstances that would prevent the project from qualifying as Categorically Exempt per Section 15300.2 of the CEQA Guidelines.
THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development Permit 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, subject to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this _______ day of ________________, 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
12.a
Packet Pg. 226
Attachment: CC Resol - 105 Kennedy Ave - Revised (PLN-2023-119 ~ 105 Kennedy Ave)
EXHIBIT A
CONDITIONS OF APPROVAL
Planned Development Permit
Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project : Approval is granted for a Planned Development Permit 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, on property located at 105 Kennedy Avenue, including vacation and abandonment of an existing public sidewalk easement, and reconstruction of existing 6-foot fence. The Approved Project shall substantially conform to the Revised Project Plans included as Attachment B in the February 20, 2024, City Council Staff Report, except as may be modified by conditions of approval contained herein.
2. Permit Expiration: Approval of the Planned Development Permit ("Approval") shall be valid for two (2) years from the effective date of City Council action (expiring January 22, 2026). Within this two-year period a Building Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void.
3. Planning Final Required : Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the Approved Project Plans shall not be approved without prior authorization.
4. Minor Revisions: Architectural refinements and other minor revisions to the Approved Project Plans, may be administratively approved by the Community Development Director pursuant to CMC Sec. 21.56.060.
5. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features.
6. Water Efficient Landscape Standards : As a new construction project with a total project landscape area equal to or less than 2,500 square feet , this project is subject to the updated California Model Water Efficient Landscape Ordinance
12.a
Packet Pg. 227
Attachment: CC Resol - 105 Kennedy Ave - Revised (PLN-2023-119 ~ 105 Kennedy Ave) Conditions of Approval – P-D Permit Page 2 105 Kennedy Avenue
(MWELO) and may comply with the Prescriptive Compliance Option in Appendix D.
This document is available at:
http://www.cityofcampbell.com/DocumentCenter/View/176 or on the Planning Division’s Zoning and Land Use webpage through www.cityofcampbell.com. The building permit application submittal shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following:
a. Planting and Irrigation Plans that meet all requirements of the Prescriptive Compliance Option in Appendix D.
b. A completed Landscape Information Form.
c. A note on the Cover Sheet in minimum 1/2” high lettering stating “Planning Final Required. The new landscaping indicated on the plans must be installed prior to final inspection. Changes to the landscaping plan require Planning approval.”
7. Construction Activities: The applicant shall abide by the following requirements during construction:
a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official.
c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise -generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise - sensitive receptors such as existing residences and businesses. f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell.
8. Construction Hours/Fines/Stop Work Notice: Failure to comply with permitted working hours that result in verified complaints may result in the issuance of a Stop Work Notice issued to the project with cessation of work for a minimum of seven (7) days from the date of issuance and an Administrative fine of up to $1,000.00.
9. Timely Completion: Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event the building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work.
12.a
Packet Pg. 228
Attachment: CC Resol - 105 Kennedy Ave - Revised (PLN-2023-119 ~ 105 Kennedy Ave) Conditions of Approval – P-D Permit Page 3
105 Kennedy Avenue
Building Division
10. Permit Required : A building permit application shall be required for the proposed project. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
11. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit.
12. Construction Fencing: The property shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done.
Any protected trees shall be fenced to prevent damage to root systems in compliance with the Standards for Tree Protection During Construction.
PUBLIC WORKS DEPARTMENT
13. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application:
a. Encroachment Permit for Street Improvement Plans: The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street- Improvements
b. Street Dedication: The street / easement dedication documents required for this project shall be submitted for review by the City Surveyor as detailed here: https://www.campbellca.gov/DocumentCenter/View/430
14. Right-of-Way for Public Street Purposes : Prior to issuance of any grading or building permits for the site, the applicant shall fully complete the process to cause additional right-of-way to be granted in fee for public street purposes along the Kennedy Avenue frontage to accommodate the required street improvements, and the required radius at the return, unless otherwise approved by the City Engineer. The applicant shall submit the necessary documents for approval by the City Engineer, process the submittal with City staff’s comments and fully complete the right-of-way process. The applicant shall cause all documents to be prepared by a registered civil engineer/land surveyor, as necessary, for the City’s review and recordation.
15. Park Impact Fee: A fee in-lieu of parkland dedication pursuant to Campbell Municipal Code (CMC) Chapter 20.24 (Park Impact Fees and Park Land Dedication Subdivisions) is required. The in -lieu fee shall be equal to the fee for two (2) new dwelling units based on the Multi- family rate. The fee in effect at the time of payment, as established by the City's Schedule of Fees, shall be the fee due. The fee shall be due prior to the final Building inspection.
16. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements,
12.a
Packet Pg. 229
Attachment: CC Resol - 105 Kennedy Ave - Revised (PLN-2023-119 ~ 105 Kennedy Ave) Conditions of Approval – P-D Permit Page 4 105 Kennedy Avenue
and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay.
Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment (“CA BMP Handbook”) by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection (“Start at the Source”) by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source (“Using Site Design Techniques”) by BASMAA, 2003.
17. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line.
18. Plans / Encroachment Permit / Fees / Deposits: Prior to issuance of any grading or building permits for the site, the applicant shall cause plans for public street improvements to be prepared, pay various fees and deposits and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, superseding any other notes or depictions on the Approved Project Plans to the contrary, unless otherwise approved by the City Engineer:
a. Show location of all existing utilities within the new and existing public right of way.
b. Removal and replacement of broken/uplifted curb and gutter along project frontage.
c. Construction of ADA compliant ramp(s) at the corner of Kennedy Avenue and Industrial Street aligned with existing curb ramps across the respective streets. d. Reconstruction of existing driveways along the Industrial Street frontage to be ADA compliant and match on-site conditions.
e. Construction of four (4) foot wide ADA compliant attached sidewalk along the Industrial Street frontage.
f. Installation of traffic control, stripes and signs.
g. Construction of conforms to existing public and private improvements, as necessary.
19. Street Improvements Completed for Occupancy and Building Permit Final : Prior to allowing occupancy and/or final building permit signoff for any and/or all buildings, the applicant shall have the required street improvements installed and accepted by the City, and the design engineer shall submit as-built drawings to the City.
20. Utility Encroachment Permit : Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric,
12.a
Packet Pg. 230
Attachment: CC Resol - 105 Kennedy Ave - Revised (PLN-2023-119 ~ 105 Kennedy Ave) Conditions of Approval – P-D Permit Page 5 105 Kennedy Avenue
etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work.
21. Additional Street Improvements : Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City.
FIRE DEPARTMENT
22. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed in all new one- and two-family dwellings. Sprinklers noted on sheet A0.1.
23. Required Fire Flow: The minimum required fire flow for this project is 500 Gallons Per Minute (GPM) at 20 psi residual pressure. This fire flow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]. Letter received. Hydrant is capable of meeting fire flow.
24. Construction Site Fire Safety : All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI -7.
Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
25. Address identification : New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to id entify the structure. Address numbers shall be maintained.
CFC Sec. 505.1.
26. Water Supply Requirements : Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor.
Such requirements shall be incorporated into the design of any water -based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by
12.a
Packet Pg. 231
Attachment: CC Resol - 105 Kennedy Ave - Revised (PLN-2023-119 ~ 105 Kennedy Ave) Conditions of Approval – P-D Permit Page 6 105 Kennedy Avenue
that purveyor as having been met by the applicant(s). 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
27. Limit of Review: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance [CFC, Ch.1, 105.3.6].
12.a
Packet Pg. 232
Attachment: CC Resol - 105 Kennedy Ave - Revised (PLN-2023-119 ~ 105 Kennedy Ave)
KENNEDY
12.b
Packet Pg. 233
Attachment: Revised Project Plans (PLN-2023-119 ~ 105 Kennedy Ave)
12.b
Packet Pg. 234
Attachment: Revised Project Plans (PLN-2023-119 ~ 105 Kennedy Ave)
12.b
Packet Pg. 235
Attachment: Revised Project Plans (PLN-2023-119 ~ 105 Kennedy Ave) x
12.b
Packet Pg. 236
Attachment: Revised Project Plans (PLN-2023-119 ~ 105 Kennedy Ave)
12.b
Packet Pg. 237
Attachment: Revised Project Plans (PLN-2023-119 ~ 105 Kennedy Ave)
12.b
Packet Pg. 238
Attachment: Revised Project Plans (PLN-2023-119 ~ 105 Kennedy Ave)
12.b
Packet Pg. 239
Attachment: Revised Project Plans (PLN-2023-119 ~ 105 Kennedy Ave)
12.b
Packet Pg. 240
Attachment: Revised Project Plans (PLN-2023-119 ~ 105 Kennedy Ave)
12.b
Packet Pg. 241
Attachment: Revised Project Plans (PLN-2023-119 ~ 105 Kennedy Ave)
12.b
Packet Pg. 242
Attachment: Revised Project Plans (PLN-2023-119 ~ 105 Kennedy Ave) ϭϬϱ<
EE
zs
͘KKZ^,
h>
KKZ
EK͘
KKZ
dzW
KKZ&/Z
Zd/E' KKZ
&ZD
Dd
Z/> Z
DZ<^
^/
Dd
Z/> &/E/^,
t/d, ,
/',d d,/<E
^^
ϭϬϭ Ͳ ϯΖͲϬΗ ϴΖͲϬΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ&ZKEd
EdZE
ϭϬϮ Ͳ ϯΖͲϬΗ ϴΖͲϬΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ&ZKEd
EdZE
ϭϬϯ Ͳ ϯΖͲϬΗ ϴΖͲϬΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ^/
EdZE
ϭϬϰ &Ͳ ϯΖͲϬΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿWEdZz
ϭϬϱ Ͳ ϮΖͲϲΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿd,ηϮ
ϭϬϲ Ͳ ϮΖͲϲΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ>K^
dKKZ
ϭϬϴ Ͳ ϮΖͲϲΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ
ZKKDηϯ
ϭϬϵ ϮΖͲϲΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿd,ZKKDηϭ
ϭϭϬ Ͳ ϮΖͲϲΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ
ZKKDηϮ
ϭϭϭ Ͳ ϮΖͲϲΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ
ZKKDηϭ
ϭϭϮ Ͳ ϳΖͲϬΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ>K^
dKKZ
ZKKDηϮ
ϭϭϯ Ͳ ϳΖͲϬΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ>K^
dKKZ
ZKKDηϯ
ϭϭϰ ϯΖͲϬΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿt^,
ZͬZz
Z
ϮϬϭ Ͳ ϯΖͲϬΗ ϴΖͲϬΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ
yd
Z/KZ>KEz
ϮϬϮ Ͳ ϮΖͲϲΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ
ZKKDηϯ
ϮϬϯ Ͳ ϮΖͲϲΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿd,ZKKDηϭ ϮϬϰ Ͳ ϮΖͲϲΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ
ZKKDηϭ
ϮϬϱ Ͳ ϮΖͲϲΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ
ZKKDηϮ
ϮϬϲ Ͳ ϳΖͲϬΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ>K^
dKKZ
ZKKDηϮ
ϮϬϳ Ͳ ϮΖͲϲΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿd,ηϮ
ϮϬϴ Ͳ ϳΖͲϬΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ>K^
dKKZ
ϮϬϵ Ͳ ϮΖͲϲΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ>K^
dKKZ
ϮϭϬ
ϯΖͲϬΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿt^,
ZͬZz
Z
Ϯϭϭ Ͳ ϮΖͲϲΗ ϲΖͲϴΗ ϭͲϯͬϴΗ d W/Ed d ;EͿ>K^
dKKZ
ϭϬϱ<
EE
zs
͘t/EKt^,
h>
η
t/EKt
dzW
^/
^dz>
^/>> &ZD
,Z '>^^ Z
DZ<^
ϭ ϯΖͲϬΗdžϱΖͲϬΗ ;ϮͿ^/E'>
,hE' ϯΖͲϬΗ d ϴΖͲϬΗ >
Z ;EͿ
EdZz
Ϯ ϰΖͲϬΗdžϱΖͲϬΗ ^/E'>
,hE' ϯΖͲϬΗ d ϴΖͲϬΗ >
Z ;EͿ
ZKKDηϯ;
'Z
^^t/EKtͿ
ϯ ϰΖͲϬΗdžϱΖͲϬΗ ^/E'>
,hE' ϯΖͲϬΗ d ϴΖͲϬΗ >
Z ;EͿ
ZKKDηϭ;
'Z
^^t/EKtͿ
ϰ ϰΖͲϬΗdžϱΖͲϬΗ ^/E'>
,hE' ϯΖͲϬΗ d ϴΖͲϬΗ >
Z ;EͿ
ZKKDηϮ;
'Z
^^t/EKtͿ
ϱ ϯΖͲϬΗdžϱΖͲϬΗ ;ϮͿ^/E'>
,hE' ϯΖͲϬΗ d ϴΖͲϬΗ >
Z ;EͿ>/s/E'ZKKD
ϲ ϯΖͲϬΗdžϱΖͲϬΗ ^/E'>
,hE' ϯΖͲϬΗ d ϴΖͲϬΗ >
Z ;EͿ>/s/E'ZKKD
ϳ ϮΖͲϬΗdžϰΖͲϬΗ ^/E'>
,hE' ϰΖͲϬΗ d ϴΖͲϬΗ >
Z ;EͿd,ZKKD
ϴ ϮΖͲϬΗdžϯΖͲϬΗ ^/E'>
,hE' ϰΖͲϬΗ d ϴΖͲϬΗ >
Z ;EͿ^d/Z^
ϵ ϰΖͲϬΗdžϱΖͲϬΗ ^/E'>
,hE' ϯΖͲϬΗ d ϴΖͲϬΗ >
Z ;EͿ
ZKKDηϭ;
'Z
^^t/EKtͿ
ϭϬ ϰΖͲϬΗdžϱΖͲϬΗ ^/E'>
,hE' ϯΖͲϬΗ d ϴΖͲϬΗ >
Z ;EͿ
ZKKDηϮ;
'Z
^^t/EKtͿ
ϭϭ ϯΖͲϬΗdžϱΖͲϬΗ ;ϮͿ^/E'>
,hE' ϯΖͲϬΗ d ϴΖͲϬΗ >
Z ;EͿ>/s/E'ZKKD
ϭϮ ϰΖͲϬΗdžϱΖͲϬΗ ^/E'>
,hE' ϯΖͲϬΗ d ϴΖͲϬΗ >
Z ;EͿ
ZKKDηϯ;
'Z
^^t/EKtͿ
ϭϯ ϮΖͲϬΗdžϯΖͲϬΗ ^/E'>
,hE' ϰΖͲϬΗ d ϴΖͲϬΗ >
Z ;EͿ^d/Z^
ϭϰ ϰΖͲϬΗdžϱΖͲϬΗ ^/E'>
,hE' ϯΖͲϬΗ d ϴΖͲϬΗ >
Z ;EͿ
ZKKDηϮ;
'Z
^^t/EKtͿ
ϭϱ ϰΖͲϬΗdžϱΖͲϬΗ ^/E'>
,hE' ϯΖͲϬΗ d ϴΖͲϬΗ >
Z ;EͿ
ZKKDηϮ;
'Z
^^t/EKtͿ
12.b
Packet Pg. 243
Attachment: Revised Project Plans (PLN-2023-119 ~ 105 Kennedy Ave) City
Council
Report
TITLE: Public Hearing to Consider the Request of Mike Amini on Behalf of Don Barnetson to Allow a Subdivision from 1 Lot to 2 Lots and Construction of an Approximately 2,032 Square -Foot New Two-Story Single-Family Residence on the Newly Created Lot on Property Located at 189 Sunnyside Avenue. the Application Under
Consideration is a Planned Development Permit and Tentative Map Submitted Under an SB -330 Preliminary Application Filed in Compliance with Government Code § 65941.1. File No.: PLN -2023- 136. (Resolution/Roll Call Vote)
RECOMMENDED ACTION
The Planning Commission recommends that the City Council take the following action:
Adopt a resolution approving a Tentative Vesting Subdivision Map and a Planned Development Permit.
ENVIRONMENTAL (CEQA) DETERMINATION
Staff recommends that the Planning Commission find that this project is Categorically Exempt under Sections 15332 (In -Fill Development Projects) and 15315 (Minor Land Divisions) of the California Environmental Quality Act (CEQA) as the project is found consistent with all applicable general plan policies and zoning regulations, is under five acres in size, and substantially surrounded by urban uses. The project involves the subdivision of land from one parcel to two parcels which is found in conformance with the general plan and zoning, does not involve any variances or exceptions, is able to be served by all services, and access to parcels by local standards is available, and has not been involved in a larger subdivision within the last two years, and does not contain an average slope greater than 20%.
PROJECT DATA
Zoning District: P-D
General Plan
Designation:
Low-Medium Density Residential (6 – 13 dwelling
units). 2 unit allowed, 1 unit proposed and 1 unit is
existing. Complies.
Proposed Density: 10.26 units/gr. Acre 13 units/gr. Acre (max) Net Total Lot Area (pre- 7,244 square feet
Item: 13
Category: PUBLIC HEARINGS AND
INTRODUCTION OF
ORDINANCES
Meeting Date: February 20, 2024
13 Packet Pg. 244
CC Report - 189 Sunnyside Avenue Page 2 of 9
subdivision):
New Lot Area (new
parcel):
3,500 square feet
Proposed Building
Height:
23’-6” 75 feet (City-wide max.)
Proposed Building
Square footage:
2,032 (inclusive of a 280 square foot attached garage)
Floor Area Ratio: 0.58 (on proposed new lot), 0.54 (overall) Lot Coverage: 36%
Parking: 1 covered parking space, 0 parking spaces are
required1
Building Setbacks:
Front (Sunnyside
Ave):
Side
Side
Rear:
Proposed
20-feet
12-feet
5-feet
4-feet
Minimum Required
N/A
N/A
N/A
N/A
DISCUSSION
Project Location: The project site is an approximately 7,244 square foot property located on Sunnyside Avenue, west of South First Street. The project site is currently developed with a two -story single-family home located towards the rear of the property. Detached single-family residences surround the property.
1 The project is located within ½ mile to the Downtown Campbell light rail station, and therefore, no parking is required under Assembly Bill 2097.
13 Packet Pg. 245
CC Report - 189 Sunnyside Avenue Page 3 of 9
Applicant’s Proposal: The applicant is requesting approval of a Planned Development Permit and Tentative Map to allow a subdivision from 1 lot to 2 lots and the construction of an approximately 2,032 square -foot new two -story single -family residence on the newly created lot.
13 Packet Pg. 246
CC Report - 189 Sunnyside Avenue Page 4 of 9
DISCUSSION
The project is subject to the Housing Crisis Act and the Housing Accountability Act.
Under the Housing Crisis Act, there are provisions that allow for a vesting pre - application process. This pre -application process essentially allows an applicant to use the zoning code standards, General Plan policies, and building/fire codes that are in effect at the time a pre-application is submitted. As the Preliminary Application was filed on May 24, 2023, the current zoning code, General Plan, and Multi-Family Development and Design Standards (MFDDS) are not applicable to this project, as they became effective at a later date . To qualify as a Housing Development Project under the Housing Crisis Act, the applicant has proposed a JADU/ADU on the rear parcel, thus resulting in 3 housing units.
The Housing Accountability Act limits the city’s ability to “deny, reduce the density for, or render infeasible” the project unless the project violates an objective General Plan or zoning standard or if the project will result in a specific adverse impact to the public health and safety. While the decision-maker may not deny a project based on subjective criteria, they may impose conditions of approval altering the project, if it is related to a specific finding or city policy.
As noted in the Project Data section of this report, the project site is located in a P -D (Planned Development) zoning district. This zoning district does not have any development standards related to setbacks, floor area ratio, and lot coverage.
Previously, proposals under the P-D zoning were afforded the ability to be evaluated on a case -by-case basis and the review of these projects was subjective. The P -D zone was intended to allow for this flexibility. However, due to the passing of the Housing Accountability Act, housing projects can no longer be reviewed in a subjective way and projects can only be held to objective standards. Therefore, there is limited ability to modify or deny housing projects.
Planning Commission Action: The Planning Commission held a public hearing on this application at its meeting of January 9, 2024, and recommended approval on a 4 -0-3 vote (reference Attachment C – Meeting Minutes). Understanding the limitations under State Law, the Commission’s discussion on the project was brief. One notable discussion point was regarding the timing of construction of the required accessory dwelling unit (ADU) and/or junior accessory dwelling unit (JADU). To be eligible for SB - 330, two new residential units must be proposed. The two new units are the new single - family residence and an ADU/JADU. To address the Commission’s discussion point, staff added language to Condition of Approval # 5 (reference Attachment A – City Council Resolution) to ensure the required ADU or JADU will be constructed in a timely manner.
ANALYSIS
General Plan:
13 Packet Pg. 247
CC Report - 189 Sunnyside Avenue Page 5 of 9
The General Plan Land Use designation for the property is Low -Medium Density Residential (6 – 13 units to the gross acre). The General Plan Land Use designation of Low-Medium Density Residential allows for duplexes, small apartment buildings, and small lot single -family detached homes when the P -D (Planned Development) zoning designation is utilized. The project is consistent with the General Plan Land Use designation as it is a small lot single -family detached home located in a P -D zoning designation. The project also complies with the density range by proposing a density of roughly 10 units per gross acre when a maximum of 13 units per gross acre is allowed.
Zoning Code:
The project site has a zoning designation of P -D (Planned Development). The P -D zoning district is intended to provide a degree of flexibility not otherwise allowed by other zoning districts. As such, the P -D zoning district does not contain development standards such as maximum height, setbacks, floor area ratios, lot coverage, or landscaping requirements.
Considerations in Review of Applications: In review of a Planned Development Permit, the Zoning Code (CMC Section 21.12.030.H.5) directs the decision -making body to consider certain design and layout aspects of the proposal prior to rendering a decision, referred to as “considerations”. These “considerations” are related to the following:
traffic safety, congestion, site circulation, landscaping, structures, and site layout. As these “considerations” are subjective, they cannot be used in reaching a decision, or reducing the size of the project however, staff has provided a narrative of how the project is consistent with these “considerations”.
A. Considerations relating to site circulation, traffic congestion, and traffic safety:
The project proposes a shared driveway located on Sunnyside Avenue. This shared driveway will serve the proposed two -story residence fronting Sunnyside Avenue and the existing single -family residence in the rear. The existing single - family residence in the rear will be accessed off of Sunnyside Avenue via an easement located on the newly created lot. The project proposes one covered parking space via an attached garage. The project site is located within ½ mile of the Downtown Campbell light rail station and therefore is not subject to any minimum parking standards due to AB -2097 (Government Code Section 65585).
The proposed project will not have a discernible impact upon traffic congestion given that it would only result in a net increase of one single-family residence and attached JADU/ADU for the existing single -family residence in the rear. The project also does not present any potential circulation or traffic safety concerns.
B. Considerations relating to landscaping: The P-D Zoning District did not have any landscaping requirements. A portion of the front yard will be landscaped.
C. Considerations relating to structure and site layout: As mentioned, the project will be accessed from Sunnyside Avenue and the fire department will take access off of Sunnyside Avenue. The site presently contains one two -story single -family 13 Packet Pg. 248
CC Report - 189 Sunnyside Avenue Page 6 of 9
residence in the rear and the proposed project involves the construction of a single-family residence in the front, facing Sunnyside Avenue. There will be a rear setback of 4-feet for the proposed residence.
Findings for Approval
Planned Development Permit Findings (CMC Section 21.12.030.H.6 of the former zoning code): The property is located within the P -D Zoning District. The City Council may approve the proposed two -story single-family residence after making all four (4) of the required findings described in italics below. An explanation of how the project does or does not meet each finding follows in plain text below.
1. The proposed development or uses clearly would result in a more desirable environment and use of land than would be possible under any zoning district classification;
Yes. The project would result in a more desirable environment than would be possible under any other zoning classification. Under the R -M (Multiple -Family) zoning designation (which is the former comparable zoning district), the project as proposed could not be built due to setbacks and lot size requirements. The project implements the Low-Medium Density residential General Plan designation.
2. The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area.
Yes. The Low-Medium Density Residential General Plan designation allows for 6 to 13 units per gross acre. Based on a 0.195 gross lot area, the construction of one family dwelling unit results in a density of 10.26 units per gross acre, consistent with the range.
The General Plan designation also allows for duplexes, small apartment buildings, and small lot single -family detached homes. The proposed project also complies with the following General Plan policies and strategies:
Policy LUT-5.2: Residential Neighborhoods : Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services.
Strategy LUT -
5.2a:
Neighborhood Compatibility: Promote new residential
development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design
characteristics.
Policy LUT-9.3: Design and Planning Compatibility : Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and natural
resources.
13 Packet Pg. 249
CC Report - 189 Sunnyside Avenue Page 7 of 9
Strategy LUT-9.3: Building Materials : Encourage the use of long -lasting, high quality building materials on all buildings to ensure the long - term quality of the built environment.
3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the general plan;
Yes. The comparable zoning district for the property based on the General Plan designation is the former R-M (Multiple-Family) zoning district, which would allow 2 units (resulting density would be 12.05 dwelling units to the acre where the maximum density is 13 dwelling units to the acre) to be constructed based on the net lot area. Per State Law, accessory dwelling units cannot be counted towards density and therefore, the JADU/ADU on the rear lot was not considered.
4. The proposed development would not be detrimental to the health, safety or general welfare of the neighborhood or of the city as a whole.
Yes. The new single -family residence will not result in any public health impacts. The residential use will not result in the release or distribution of any hazardous substances, emissions, or waste.
Subdivision Findings: The following findings are required pursuant to Sections 66473.1, 66474.60, 66474.61, and 66474.63 of the California Government Code (Subdivision Map Act).
1. That the proposed map is consistent with applicable general plan and specific plans;
Yes, as discussed in the Planned Development Permit Finding #2 above.
2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
Yes. While the General Plan does not have specific standards for subdivisions, it references the Subdivision Map Act in one of the regulations that help implement the general plan. The City’s Subdivision Code allows for P-D (Planned Development) zoned properties to utilize an ingress/egress easement to maintain access to a public street.
The project is proposing an ingress/egress easement to maintain access to the public street for the rear lot.
3. That the site is physically suitable for the type of development;
Yes. The project site is relatively flat which will require minimal grading. The project also includes utility easements (such as a sewer easement) to allow for utility service.
4. That the site is physically suitable for the proposed density of development; 13 Packet Pg. 250
CC Report - 189 Sunnyside Avenue Page 8 of 9
Yes. The project site can physically accommodate the new single-family residence.
5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat;
Yes. The project site is not identified as containing any value for habitat for fish or other wildlife. The new single -family residence will not result in substantial environmental damage as it is located in a developed area and was developed previously with a single-family residence.
6. The design of the subdivision or the type of improvements will not cause serious public health problems; and
Yes. The subdivision or the type of improvements will not cause serious public health problems. The project site is relatively flat, resulting in minimal grading activities.
Furthermore, the project is not identified as containing subsurface hazardous contaminants.
7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or that alternative easements for access will be provided, and that these will be substantially equivalent to ones previously acquired by the public.
Yes. The proposed subdivision will include an ingress/egress easement to allow access from Sunnyside Avenue to the rear property and a sewer easement to allow for a sewer connection for the proposed single -family residence. The proposed subdivision will not conflict with any public easements.
PUBLIC COMMENT
No public comment has been received.
FISCAL IMPACTS
There are no fiscal impacts associated with this project.
ALTERNATIVE
1. Approve the project subject to additional and/or modified Conditions of Approval.
2. Continue for further review.
13 Packet Pg. 251
CC Report - 189 Sunnyside Avenue Page 9 of 9
Prepared by:
Tracy Tam, Associate Planner
Reviewed by:
Rob Eastwood, Community
Development Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution - 189 Sunnyside Ave. (PD, T-Map)
b. Project Plans
c. 01-09-24 PC Minutes
13 Packet Pg. 252
RESOLUTION NO. ___
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL APPROVING A TENTATIVE SUBDIVISION MAP AND
PLANNED DEVELOPMENT PERMIT TO ALLOW A SUBDIVISION
FROM 1 LOT TO 2 LOTS AND THE CONSTRUCTION OF AN
APPROXIMATELY 2,032 SQUARE FOOT NEW TWO -STORY
SINGLE-FAMILY RESIDENCE ON A NEWLY CREATED LOT , FOR
PROPERTY LOCATED AT 189 SUNNYSIDE AVENUE . FILE NO.:
PLN-2023-136
After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regard to the approval of a Tentative Subdivision Map and Planned Development Permit:
1. The Proposed Project is an application for a Tentative Subdivision Map and Planned Development Permit (PLN-2023-136) to allow a subdivision from 1 lot to 2 lots and the construction of an approximately 2,032 square foot new two -story single -family residence on the newly created lot.
2. The Project Site consists of one parcel, approximately 7,244 square feet, located along Sunnyside Avenue, west of South First Street. The resultant lots will be 3,500 square feet (fronting Sunnyside Avenue) and 3,744 square feet (adjacent to the public alley).
3. The Project Site is designated by the Campbell Zoning Map as P -D (Planned Development) and by the Campbell General Plan Land Use Diagram as Low-Medium Density Residential.
4. The Proposed Project was submitted under an SB -330 preliminary application filed in compliance with Government Code Section 65941.1 on May 24, 2023, predating the June 2, 2023 implementation date of the new General Plan, revised Zoning Code, and Multi-Family Development and Design Standards (MFDDS).
5. Due to the preliminary application, the subject application is not subject to any objective design standards nor any zoning district development standards. The Planned Development zoning district does not have any development standards, however, the city h as a maximum height limit of 75 -feet, in which the proposed single -family residence falls under (proposed building height of 23-feet, 6-inches).
6. The Proposed Project is a “housing development project” under State Law, which limits the City in its capacity to “deny, reduce the density for, or render infeasible” the project under the Housing Accountability Act (HAA) (Government Code Section 65589.5) unless: 1) the proposal is found to be in violation of an objective general plan/zoning standard; or 2) the project will result in a specific adverse impact to public health and safety.
13.a
Packet Pg. 253
Attachment: Resolution - 189 Sunnyside Ave. (PD, T-Map) (CC Report - 189 Sunnyside Avenue) City Council Resolution – T-Map & Planned Development Permit Page 2 of 4 189 Sunnyside Avenue
7. As the Proposed Project is a “housing development project” under State Law, the Proposed Project includes an accessory dwelling unit, thus resulting in three housing units (one existing single -family residence in the rear, one proposed single -family residence fronting Sunnyside Avenue, and one proposed accessory dwelling unit).
8. The Proposed Project's two residential units would result in a density of 10.26 units/gr. acre (2 units ÷ 0.166 acres), consistent with the density range of the Low-Medium Residential General Plan (6 to 13 units/gr. acre) designation. The accessory dwelling unit proposed in the rear unit does not count towards density.
9. With the subdivision, the existing single -family residence in the rear (adjacent to the public alley) will have a new front setback of 10 -feet, 10-inches. The front setback is measured from the newly created lot line.
10. The floor area ratio of the new single -family residence (approximately 2,032 square foot) on the newly created lot will be 0.58. The existing single -family residence (approximately 2,107 square feet) on the rear lot will be 0.56 FAR. The overall floor area ratio will be 0.57.
11. The Proposed Project would be consistent with the following General Plan policies and strategies:
Policy LU-5.2: Residential Neighborhoods : Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services.
Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics.
Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and natural resources.
Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long -term quality of the built environment.
12. The proposed Tentative Subdivision Map will allow creation of two privately held parcels for fee title ownership.
13. In review of the proposed project, the City Council considered the site circulation, traffic congestion, and traffic safety effects of the project, including the effect of the site development plan on traffic conditions on abutting streets; the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways; the arrangement and adequacy of off-street parking facilities to prevent traffic congestion; the location, arrangement, and dimensions of truck loading and unloading facilities; the circulation patterns within the boundaries of the development, and; the surfacing and lighting of the off-street parking facilities.
13.a
Packet Pg. 254
Attachment: Resolution - 189 Sunnyside Ave. (PD, T-Map) (CC Report - 189 Sunnyside Avenue) City Council Resolution – T-Map & Planned Development Permit Page 3 of 4 189 Sunnyside Avenue
14. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment.
15. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project.
16. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project.
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
Tentative Subdivision Map Findings (Govt. Code § 66410 et seq.):
1. That the proposed map is consistent with applicable general and specific plans;
2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
3. That the site is physically suitable for the type of development;
4. That the site is physically suitable for the proposed density of development;
5. That the design of the subdivision or the propose improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
6. The design of the subdivision or the type of improvements will not cause serious public health problems; and
7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or that alternative easements for access will be provided, and that these will be substantially equivalent to ones previously acquired by the public;
Planned Development Permit Findings (CMC Sec. 21.12.030.H.6)
8. The proposed development will clearly result in a more desirable environment and use of the land than would be possible under any other zoning district classification;
9. The proposed development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area;
10. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property;
13.a
Packet Pg. 255
Attachment: Resolution - 189 Sunnyside Ave. (PD, T-Map) (CC Report - 189 Sunnyside Avenue) City Council Resolution – T-Map & Planned Development Permit Page 4 of 4 189 Sunnyside Avenue
11. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole;
Environmental Findings (CMC Sec. 21.38.050):
12. This project is Categorically Exempt under Section 15332 of the California Environmental Quality Act (CEQA), pertaining to In-Fill Development Projects which are found consistent with all applicable general plan policies and zoning regulations, are under five acres in size, and substantially surrounded by urban uses; and
13. There are no unusual circumstances that would prevent the project from qualifying as Categorically Exempt per Section 15300.2 of the CEQA Guidelines, including specifically that the s ubject property does not contain an "historical resource" under CEQA.
THEREFORE, BE IT RESOLVED that the City Council approves a Tentative Subdivision Map and Planned Development Permit to allow a subdivision from 1 lot to 2 lots and construction of an approximately 2,032 square foot new two-story single-family residence on the newly created lot , on property located at 189 Sunnyside Avenue, subject to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this _______ day of ________________, 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
13.a
Packet Pg. 256
Attachment: Resolution - 189 Sunnyside Ave. (PD, T-Map) (CC Report - 189 Sunnyside Avenue)
EXHIBIT A
CONDITIONS OF APPROVAL
Tentative Subdivision Map and Planned Development Permit Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, or dinances, laws and regulations and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project : Approval is granted for a Planned Development Permit and Tentative Subdivision Map (PLN -2023-136) to allow a subdivision from 1 lot to 2 lots and construction of an approximately 2,032 square -foot new two-story single- family residence on the newly create d lot, for property located at 189 Sunnyside Avenue. The Approved Project shall substantially conform to the Approved Project Plans, included as Attachment 'B', in the January 9, 2024, Planning Commission Staff Report, except as may be modi fied by conditions of approval contained herein.
2. Permit Expiration: The Planned Development Permit approved herein ("Approval") shall be valid for two (2) years from the effective date of City Council approval (expiring May 2, 2025). Within this two-year period a Building Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void.
3. Parcel Map: Exercise of this Approval is contingent upon recordation of the Parcel Map associated with the Tentative Subdivision Map for the Approved Project. The Parcel Map shall be recorded prior to the issuance of building permits for the construction of the new single-family residence. However, the Parcel Map may not be recorded if the Planned Development Permit expires or is otherwise rendered void.
4. Planning Final Required : Planning Division clearance is required prior to Building Permit final. Construction not in substantial compliance with the Approved Project Plans shall not pass inspection without prior authorization of the necessary approving body.
5. Accessory Dwelling Unit: A building permit application must be submitted and accepted for an accessory dwelling unit or junior accessory dwelling unit located on either the front lot or the rear lot prior to the issuance of building permits for the construction of the new single -family residence. The accessory dwelling unit or junior accessory dwelling unit shall receive Building Permit final prior to the Building Permit final for the new single -family residence. If the accessory dwelling unit or junior accessory dwelling unit is attached to the new single -family residence, the
13.a
Packet Pg. 257
Attachment: Resolution - 189 Sunnyside Ave. (PD, T-Map) (CC Report - 189 Sunnyside Avenue) City Council Resolution – T-Map & Planned Development Permit Page 2 of 4 189 Sunnyside Avenue
accessory dwelling unit or junior accessory dwelling unit shall receive concurrent Building Permit final as the new single-family residence. a. In the event the parcel map is recorded but building permits for construction for the new single-family residence are not issued, a certificate of occupancy and/or Building Final shall be obtained for the accessory dwelling unit or junior accessory dwelling unit (located on the rear lot) within 2 years of this approval. The property owner of the rear lot shall be obligated to fulfill this requirement.
6. Minor Revisions : Architectural refinements and other minor revisions to the Approved Project Plans may be administratively approved by the Community Development Director pursuant to CMC Sec. 21.56.060.
7. Water Efficient Landscape Standards : As a new construction project with a total project landscape area of less than 500 square feet, this project is subject to the landscaping and irrigation standards in Chapter 21.26 of the Campbell Municipal Code. The building permit application submittal shall include compliant Planting and Irrigation Plans and shall include the following:
a. A note on the Cover Sheet in minimum 1/2” high lettering stating “Planning Final Required. The new landscaping indicated on the plans must be installed prior to final inspection. Changes to the landscaping plan require Planning approval.”
Note: If the project landscape area increases during the course of the project, additional requirements will apply.
8. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on -site in compliance with the City of Campbell Lighting Design Standards (CMC Sec. 21.18.090).
9. Fences/Walls: Any newly proposed fencing and/or walls shall comply with CMC Section 21.18.060.
10. Property Maintenance: The property is to be maintained free of combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or remov ed from the property (Section 11.201 and
11.414, 1985 Ed. Uniform Fire Code).
Building Division
11. Permit Required: A building permit application shall be required for the proposed project. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.
12. Conditions of Approval : The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for the building permit.
13. Construction Fencing: The property shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The
13.a
Packet Pg. 258
Attachment: Resolution - 189 Sunnyside Ave. (PD, T-Map) (CC Report - 189 Sunnyside Avenue) City Council Resolution – T-Map & Planned Development Permit Page 3 of 4 189 Sunnyside Avenue
construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done.
14. Construction Hours/Fines/Stop Work Notice(s): Failure to comply with permitted working hours that result in verified complaints may result in the issuance of a Stop Work Notice issued to the project with cessation of work for a minimum of seven (7) days from the date of issuance and an Administrative fine of up to $1,000.00.
15. Timely Completion : Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project.
In the event the building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work.
16. Construction Activities : The applicant shall abide by the following requirements during construction:
a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official.
c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition.
d. Unnecessary idling of internal combustion engines shall be strictly prohibited.
e. All stationary noise -generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise -sensitive receptors such as existing residences and businesses.
PUBLIC WORKS DEPARTMENT
17. Frontage Improvements: The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040.
However, the frontage has already been improved with a prior project. The applicant will be responsible to repair any improvemen ts damaged during construction.
18. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application:
a. Parcel Map: The subdivision map documents required for this project shall be submitted for review by the City Surveyor as detailed here:
https://www.campbellca.gov/DocumentCenter/View/18612.
19. Parcel Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Parcel Map for recordation upon approval by the City,
13.a
Packet Pg. 259
Attachment: Resolution - 189 Sunnyside Ave. (PD, T-Map) (CC Report - 189 Sunnyside Avenue) City Council Resolution – T-Map & Planned Development Permit Page 4 of 4 189 Sunnyside Avenue
pay various fees/deposits and submit the map in a digital format acceptable to the City.
20. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, the applicant shall provide a cash deposit (100% of the monument estimate) for setting all monuments shown on the map. Monuments shall be set per section
20.76.010 of the Campbell Municipal Code including but not li mited to setting permanent pipe monuments (three-fourths inch galvanized steel pipe two feet long approximately six inches below finished grade) at each boundary of all lot corners within a subdivision, along the exterior boundary lines at intervals of approximately five hundred feet and at all beginning of curves and ending of curves on property lines, and monument boxes at intersections of all street monument line tangents.
21. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line.
22. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and si ze of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible.
23. Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City’s Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City’s Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements.
24. Utility Encroachment Permit: Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work.
25. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City.
FIRE DEPARTMENT
26. Required Fire Flow: The minimum required fire flow for this project is 500 Gallons Per Minute (GPM) at 20 psi residual pressure. This fire flow assumes installation of
13.a
Packet Pg. 260
Attachment: Resolution - 189 Sunnyside Ave. (PD, T-Map) (CC Report - 189 Sunnyside Avenue) City Council Resolution – T-Map & Planned Development Permit Page 5 of 4 189 Sunnyside Avenue
automatic fire sprinklers per CFC [903.3.1.3]. Letter received. Hydrant is capable of meeting fire flow.
27. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed in all new one- and two-family dwellings. Noted on sheet A0.
28. Address identification: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1
29. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code).
13.a
Packet Pg. 261
Attachment: Resolution - 189 Sunnyside Ave. (PD, T-Map) (CC Report - 189 Sunnyside Avenue)
EXHIBIT B
CONDITIONS OF APPROVAL
TENTATIVE SUBDIVISION MAP
Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division:
1. Approved Project : Approval is granted for a Planned Development Permit and Tentative Subdivision Map (PLN -2023-136) to allow construction of a new two -story single-family residence, approximately 2,032 square on a newly created lot, for property located at 189 Sunnyside Avenue. The Approved Project shall substantially conform to the Approved Project Plans , included as Attachment 'B', in the January 9, 2024, Planning Commission Staff Report, except as may be modified by conditions of approval contained herein.
2. Permit Expiration : The Planned Development Permit approved herein ("Approval") shall be valid for two (2) year from the effective date of City Council approval (expiring May 2, 2025). Within this two -year period a Building Permit for the project must be issued pursuant to CMC Sec. 21.56.030.B.1. Failure to meet this deadline or expiration of an issued Building Permit shall result in the Approval being rendered void.
3. Planned Development Permit: The Tentative Subdivision Map is contingent upon approval of the associated Planned Development Permit. However, a Parcel Map may not be recorded if the Planned Development Permit expires or is otherwise rendered void.
4. Parcel Map: The parcel map and associated easements must be recorded prior to the issuance of building permits for the newly constructed single-family residence.
5. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until that time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code).
PUBLIC WORKS DEPARTMENT:
6. Frontage Improvements: The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. However,
13.a
Packet Pg. 262
Attachment: Resolution - 189 Sunnyside Ave. (PD, T-Map) (CC Report - 189 Sunnyside Avenue) City Council Resolution – T-Map & Planned Development Permit Page 2 of 4 189 Sunnyside Avenue
the frontage has already been improved with a prior project. The applicant will be responsible to repair any improvements damaged during construction.
7. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application:
a. Parcel Map: The subdivision map documents required for this project shall be submitted for review by the City Surveyor as detailed here:
https://www.campbellca.gov/DocumentCenter/View/18612.
8. Parcel Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a Parcel Map for recordation upon approval by the City, pay various fees/deposits and submit the map in a digital format acceptable to the City.
9. Monumentation for Parcel Map: Prior to recordation of the Parcel Map, the applicant shall provide a cash deposit (100% of the monument estimate) for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code including but not li mited to setting permanent pipe monuments (three-fourths inch galvanized steel pipe two feet long approximately six inches below finished grade) at each boundary of all lot corners within a subdivision, along the exterior boundary lines at intervals of approximately five hundred feet and at all beginning of curves and ending of curves on property lines, and monument boxes at intersections of all street monument line tangents.
10. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line.