Campbell City Council
April 16, 2024

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, April 16, 2024 7:00 p.m.

City Hall Council Chamber – 70 N. First Street

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Proclamation Declaring April 26, 2024, as "Arbor Day" in the City of Campbell
Recommended Action: That the City Council proclaim April 26, 2024, as “Arbor Day” in the City of Campbell.

COMMUNICATIONS AND PETITIONS

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

COUNCIL ANNOUNCEMENTS

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

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

2. Minutes of City Council Executive Session Meeting of April 2, 2024 Recommended Action: Approve the executive session meeting minutes of April 2, 2024.

3. Minutes of City Council Regular Meeting of April 2, 2024 Recommended Action: Approve the regular meeting minutes of April 2, 2024.

4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $2,572,149.53.

5. Second Reading of Ordinance 2305 Establish a New Zoning Map Incorporating Three New Housing Overlay/Combining Zoning Districts and Adoption of Related Zoning Code Text Amendments. (Ordinance/Roll Call Vote)
Recommended Action: That the City Council take second reading and adopt Ordinance 2305 establishing a new Zoning Map incorporating three new Housing Overlay/Combining Zoning Districts and adoption of related Zoning Code text amendments.

6. Second Reading of Ordinance 2306 Amendments to Title 5 (Business Licenses and Regulations), Title 10 (Vehicles and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code Serving to Streamline Permit Processes in Support of Economic Development Objectives. (Ordinance/Roll Call Vote)
Recommended Action: That the City Council take second reading and adopt Ordinance 2306 amending Title 5 (Business Licenses and Regulations), Title 10 (Vehicles and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code.

7. Update Vehicle Miles Traveled (VMT) Policy for Consistency with the City's 2040 Envision Campbell General Plan and Program EIR (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution to update the Vehicle Miles Traveled Policy for consistency with the City's 2040 Envision Campbell General Plan and Program Environmental Impact Report.

8. Resolution Approving the Specifications and Authorizing the Solicitation of Bids and Subsequent Award of Contract for Landscaping Services for the City’s Median Islands and Right-Of-Ways (
Recommended Action: That the City Council adopt a resolution: 1) approving the specifications and authorizing the solicitation of bids for contractual landscaping

services for the City’s median islands and public rights -of-way; 2) approving the subsequent award of a service contract to the lowest, responsive bidder, in an amount not to exceed $86,000, for a period of up to one year, plus options for the City to renew up to four additional one -year contracts, for a total of up to five years, and subsequent contract amounts not to exceed the amount of funds programmed in the Parks Maintenance Operating Budget (207.775.7432) for each fiscal year during that five -year term limit; and 3) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

9. Resolution Approving Specifications and Authorizing the Solicitation of Bids and Subsequent Award of Contract for Fuel Delivery Services (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) approving the specifications and authorizing the solicitation of bids for fuel delivery services; 2) approving the award of a service contract to the lowest, responsive bidder, in an amount not to exceed $210,000, for a period of up to one year, plus options for the City to renew up to four additional one -year contracts, for a total of up to five years, and subsequent contract amounts not to exceed the amount of funds programmed in the Public Works Vehicle and Equipment Maintenance Operating Budget (641.750.7426) for each fiscal year during the proposed five -year term limit; and 3) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

10. Adoption of a Resolution Approving the Purchase of Dell VxRAIL Storage Area Network (SAN) Under Three -Year Purchase Agreement Utilizing the NASPO ValuePoint Cooperative Purchasing Program, California Participating Addendum No. 7-15-70-34-003. (Resolution/Roll Call Vote) Recommended Action: That City Council adopt a resolution approving a contract for purchase of Dell VxRAIL All Flash P670F Storage Area Network (SAN) under a three-year purchase agreement with Converge Technology Solutions, utilizing the NASPO ValuePoint Cooperative Purchasing Program, California Participating Addendum No. 7 -15-70-34-003 pursuant to section 3.20.070 of the Campbell Municipal Code and authorizing the City Manager to execute the three -year purchase agreement totaling $335,186.23 and purchase additional annual subscription licenses or modify subscription levels as needed, subject to fund availability.

11. Commending Captain Dan Livingston for 33 Years of Service to the City of Campbell (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution commending Captain Dan Livingston, upon his retirement, for 33 years of outstanding service with the City of Campbell Police Department.

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.

12. City Council Consideration of a Request for Authorization to Apply for a General Plan Amendment (“Initiation”) to Restore the Land Use Designation of Property Located at 1228 Camden Avenue to General Commercial (Under the Former 2001 General Plan) from Neighborhood Commercial (Under the Current 2040 General Plan) to Allow Reconstruction of an Existing Starbucks Café as a New Drive -Through Starbucks Café. the Application(S) Under Consideration Include a Mandatory Pre -Application.

File No. PLN-2024-27 (Resolution/Roll Call)
Recommended Action: Adoption of a resolution authorizing an application for a General Plan Amendment.

13. FY 2025 Business License Public Hearing and Introduction of an Ordinance Amending Provisions of the Campbell Municipal Code to Revise the Business License Tax Rates Effective in Fiscal Year 2025 (Ordinance/Roll Call Vote)
Recommended Action: That the City Council introduce and take first reading of an Ordinance amending provisions of the Campbell Municipal Code to revise the business license tax rates, effective in Fiscal Year (FY) 2025.

14. Approval of Fiscal Year 2025 Schedule of Fees and Charges (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving the Fiscal Year (FY) 2025 Schedule of Fees and Charges, effective July 1, 2024.

NEW BUSINESS

15. FY 2023 Annual Report of the Citizen's Bond Oversight Committee for Measure O
Recommended Action: That the City Council receive the FY 2023 Annual Report of the Citizen's Bond Oversight Committee for Measure O.

16. Approval of Transfer of Unused Sick Leave to CALGOVEBA Recommended Action: That the City Council authorize the mandatory transfer of unused sick leave to CALGOVEBA accounts for specified employee groups upon the employee member’s separation, as specified, from the City by: (1) adopting resolutions for Unclassified Management and certain Classified Management employees; and (2) adopting a resolution approving a side letter to the Memorandum of Understanding with the Campbell Peace Officers' Association.

17. Climate Action and Adaptation Plan Workplan
Recommended Action: That the City Council receive the report regarding an overview of the Climate Action and Adaptation Plan Workplan.

18. Receive Draft Affordable Housing Nexus Study and Provide Direction on Commercial Linkage Fee Ordinance Development and Inclusionary Housing Ordinance Amendments.

Recommended Action: Receive draft affordable Housing Nexus Study and provide direction on policy options for a Commercial Linkage Fee Ordinance and revisions to the Inclusionary Housing Ordinance.

UNFINISHED BUSINESS

COUNCIL COMMITTEE REPORTS

19. 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: Proclamation Declaring April 26, 2024, as "Arbor Day" in the City of Campbell

RECOMMENDED ACTION

That the City Council proclaim April 26, 2024, as “Arbor Day” in the City of Campbell.

BACKGROUND

Arbor Day is a day in which individuals and groups are encouraged to plant and care for trees. On April 10, 1872, journalist and newspaper editor , J. Sterling Morton , established Arbor Day in the state of Nebraska with hopes that it would spread across the country. This first Arbor Day was created as a challenge for the people of Nebraska – who began as pioneers – to continue planting as many trees as possible to recreate the eastern landscape of the trees and forests that they missed. The citizens of Nebraska responded to this challenge by planting more than 1 million trees on the first Arbor Day. During the 1870’s, other states passed legislation to observe Arbor Day – with the tradition taking place in schools nationwide since 1882.

Trees provide vital protection for the earth’s topsoil from erosion and oxygen, including a place for wildlife to build homes and seek refuge. They are also a renewable resource that provides a variety of materials used for buildings, fuel, agriculture, and other industries. Trees also beautify our environment and provide shade on a sunny day, improving our quality of life in more ways than one. National Arbor Day celebrates all these things and encourages generations of Americans to continue enjoying and caring for their natural environment. Trees bring life to California, and that is worth celebrating!

DISCUSSION

Although National Arbor Day is usually observed on the last Friday in April, many states have their own unique Arbor Day designations. The State of California celebrates Arbor Day on March 7th in honor of famed California Horticulturalist Luther Burbank’s birthday.

California Arbor Week is an annual celebration that takes place March 7 to 14.

The City of Campbell will be observing Arbor Day this year in conjunction with the federal observance of the last Friday in April. As such, this proclamation would designate April 26, 2024, as “Arbor Day” in the City of Campbell.

Item: 1
Category: SPECIAL PRESENTATIONS

AND PROCLAMATIONS
Meeting Date: April 16, 2024
1 Packet Pg. 6
Arbor Day Page 2 of 3
In addition, the City of Campbell has been declared a “Tree City USA” by the National Arbor Day Foundation every year since 1982. For the past 40 years, the City has been eligible for this recognition by meeting the foundation’s requirements for a “Tree City.” To be eligible and receive this award, a city must have all the following:

1. A tree protection ordinance

2. A tree board and/or department

3. A comprehensive community forest program

4. Observance of Arbor Day

It is customary for the City to host a tree planting event in conjunction with the Arbor Day observance. This year’s event will take place on Friday April 26, at John D. Morgan Park (Rincon Avenue side) and will include the planting of ten 15 -gallon sized trees.

Students from the Campbell School of Innovation will participate in the tree planting, and representatives from the West Valley Clean Water will be present to share information as well. Staff will also post additional information on social media in recognition of Arbor Day as the event approaches.

FISCAL IMPACT

The cost of the trees will be funded through the existing Public Works Parks Maintenance Operation Budget for FY 2024. No budget action is required.

Prepared by:

Ron Taormina, PW Superintendent

Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Angelique Gaeta, Assistant City
Manager

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Arbor Day Page 3 of 3

Attachment:
a. Proclamation
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PROCLAMATION
OF THE

MAYOR OF THE CITY OF CAMPBELL

WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and

WHEREAS, this holiday would be known as Arbor Day and was first observed with the planting of more than a million trees in Nebraska; and

WHEREAS, in addition to the United States, Arbor Day is now observed worldwide; and

WHEREAS, trees provide vital protection for the earth’s topsoil from erosion and oxygen, a place for wildlife to build homes and seek refuge , clean the air, regulate temperatures, and generate oxygen to support all forms of life here on Earth; and

WHEREAS, trees are a renewable resource that also provide a variety of materials used for buildings, fuel, agriculture, and countless other wood products; and

WHEREAS, trees in our cities also increase property values, enhance the economic vitality of businesses, and beautify our community; and

WHEREAS, trees can be a source of joy and spiritual renewal; and

WHEREAS, the federal government has declared the last Friday in April as National Arbor Day; and

WHEREAS, the State of California has designated an entire week in March to celebrate Arbor Day and allows individual agencies to select a more specific date for their Arbor Day celebrations; and

WHEREAS, this year, the City of Campbell will be observing Arbor Day in conjunction with the federal observance on April 26, 2024; and

WHEREAS, every year since 1982, the City of Campbell has been recognized as a ‘Tree City USA’ by the National Arbor Day Foundation and strives to maintain its tree-caring efforts by hosting a tree-planting ceremony in honor of Arbor Day 2024; and

NOW, THEREFORE, I, Susan M. Landry, Mayor of the City of Campbell, do hereby proclaim April 26, 2024, as ARBOR DAY in the City of Campbell, and I urge all citizens to support efforts to protect our trees and woodlands. Trees bring life to California, and that is worth celebrating.

Further, I urge all citizens to plant trees to gladden the heart and promote the well -being of our current and future generations.

WITNESS MY HAND AND SEAL OF THE CITY OF CAMPBELL this 16th day of April 2024.

___________________________________
Susan M. Landry, Mayor
City of Campbell, California

1.a
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Attachment: Proclamation (Arbor Day)

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

CITY COUNCIL EXECUTIVE SESSION
Tuesday, April 2, 2024 – 6:00 PM
Doetsch Conference Room
70 N. First Street, Campbell, California

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

CALL TO ORDER
The City Council of the City of Campbell convened this day in the special meeting place, the Doetsch Conference Room, 70 N. First Street, Campbell, California.

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

PUBLIC COMMENT
There was no public comment.

MOVE INTO CLOSED EXECUTIVE SESSION
A. Personnel

B. Litigation - CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of California Government Code Section 54956.9) Name of case: Karoshi v. City of Campbell et. al., Santa Clara County Superior Court Case No. 22CV408411

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of California Government Code Section 54956.9) Name of case: D'Aguiar v. City of Campbell et. al., Santa Clara County Superior Court Case No. 21CV376818
C. Real Property

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Minutes Acceptance: Minutes of Apr 2, 2024 6:00 PM (CONSENT CALENDAR)

Minutes of April 2, 2024 City Council Meeting Page 2
D. Labor Negotiations ADJOURN

The City Council met in Executive Session to discuss two items under B – Litigation.

City Attorney Seligmann, and City Manager Loventhal were in attendance for both items. Finance Director Fuentes and Public Works Director Capurso were in attendance for the first item under B. Outside counsel Robert J. Gundert of Ridley Master was in attendance virtually for the first Item under B. Outside counsel Grant Turner of Pratt & Associates, APC was in attendance virtually for the second Item under B.

Mayor Landry, adjourned the meeting at 6:33 p.m.

APPROVED:

ATTEST:

Susan M. Landry, Mayor

Kristen Epolite, Deputy City
Clerk

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Minutes Acceptance: Minutes of Apr 2, 2024 6:00 PM (CONSENT CALENDAR)

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

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, April 2, 2024 7:00 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
The Pledge of Allegiance was led by members of the City of Campbell Community Development Department in recognition of National Community Development Week.

Mayor Landry presented the Department staff with a certificate of appreciation for leading the Pledge of Allegiance.

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Proclamation Declaring the Week of April 1 -5 as National Community Development Week
Recommended Action: That the City Council proclaim the week of April 1-5, 2024 as National Community Development Week.

Mayor Landry declared the week of April 1 -5 as National Community Development Week and presented Director Eastwood with a proclamation.

Director Eastwood thanked the Council and expressed appreciation for the high caliber of Community Development staff in Campbell.
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Minutes Acceptance: Minutes of Apr 2, 2024 7:00 PM (CONSENT CALENDAR)

Minutes of April 2, 2024 City Council Meeting Page 2

2. Proclamation Recognizing the Recreation & Community Services Department for the City of Campbell's 47Th Annual Campbell Valentine Fun Run
Recommended Action: That the City Council present a proclamation to recognize the Recreation & Community Services Department for their efforts in a successful 47th Annual Campbell Valentine Fun Run.

Mayor Landry presented a proclamation in recognition of the Recreation & Community Services Department.

Director Bissell thanked the Council for the recognition and thanked her staff, including Lauren Council who has recently taken on the role of coordinating these types of events.

COMMUNICATIONS AND PETITIONS
There were no communications and petitions.

ORAL REQUESTS

Susan K., Campbell resident, spoke about the Ballot Drop Box locations outside Campbell City Hall citing concerns about construction causing a change in ballot box location and bringing awareness to where the ballot box is located for future elections.

She also brought up concerns with the language in the County Voter guide and signage for the ballot box by the Campbell Express Library, requesting that signage is very clear and easy for citizens to vote.

COUNCIL ANNOUNCEMENTS
The City is pleased to announce the 2024 Campbell Community Assessment Survey for Older Adults. Randomly selected households will be mailed invitations to participate in the survey. Your feedback is important as your responses will help us understand the needs of older adults for future planning.

TRUST is a community service that helps Santa Clara County residents during an urgent mental health or substance use situation. Call Centers and field response teams are available 24/7 to answer calls for help. Call 988 for the local 408 area code.

The Campbell Community Center offers a wide range of youth, adult and 50+ classes.

Art Classes including clay time, art journaling, adult pottery wheel; dance, music; special interest, including Play -Well LEGO camps; adult and youth sports fitness and more.

Visit the City’s website at campbellca.gov to find out more about these classes and camps.

Join volunteers for the annual Keep America Beautiful event on Saturday, April 13. This year’s event will be held at the Campbell Community Center Sports Field. To find out more, please visit campbellca.gov.

On Sunday, April 14 the Ainsley House Spring Garden will welcome Heart Matter featuring vocalist Amy D and percussionist Dillon Vado. Heart Matter’s innovative, 3 Packet Pg. 13
Minutes Acceptance: Minutes of Apr 2, 2024 7:00 PM (CONSENT CALENDAR)

Minutes of April 2, 2024 City Council Meeting Page 3
original songs combine Brazilian rhythm with jazz. Gates open at 1:30 pm. For more information, please visit campbellmuseums.com.

For the forty -second consecutive year, the National Arbor Day Foundation has proclaimed the City of Campbell “Tree City USA.” In celebration of this award, the community is invited to participate in an Arbor Day celebration at 10:00 am on Friday, April 26 on the Rincon Avenue side of John D. Morgan Park.

On Saturday, April 27 at 3:00 pm, Campbell CERT will be holding its 6 th annual Taste of Campbell Fundraiser. Enjoy an afternoon experiencing local wines, beers, cuisine, and live music at the Campbell Community Center Orchard City Banquet Hall. Proceeds from this event help pay for emergency supplies, equipment, and training in support of our community. Ticket and pricing information is available at lovecampbell.com.

City Attorney Seligmann announced the unanimous approval of the settlement of the D'Aguiar v. City of Campbell et. al . The settlement agreement will be available in the City Clerk’s Office.

CONSENT CALENDAR

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

Item nine was pulled from the Consent Calendar. The Consent Calendar was considered as follows:

3. Minutes of City Council Study Session Meeting of March 19, 2024 Recommended Action: Approve the Study Session meeting minutes of March 19, 2024.

Councilmember Scozzola requested clarification on March 19, 2024 study session minutes, on the paragraph stating “ Councilmember Scozzola was supportive of a Housing Bond. He suggested polling residents to see if there would be an interest in residents banning private equity firms. ” Adding that he is not in support of outright banning private equity firms from investing in Campbell, rather he suggested banning them from buying housing, which is partly responsible for preventing people from buying houses.

This action approves the study session meeting minutes of March 19, 2024.

4. Minutes of City Council Regular Meeting of March 19, 2024 Recommended Action: Approve the regular meeting minutes of March 19, 2024.

This action approves the regular meeting minutes of March 19, 2024.

5. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $595,162.06.

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Minutes Acceptance: Minutes of Apr 2, 2024 7:00 PM (CONSENT CALENDAR)

Minutes of April 2, 2024 City Council Meeting Page 4
This action approves the bills and claims in the amount of $ 595,162.06 as follows: bills and claims checks dated March 4, 2024, in the amount of $347,927; and bills and claims checks dated March 11, 2024, in the amount of $247,234.80.

6. Monthly Treasurer's Report (February 2024)
Recommended Action: That the City Council review and accept the Monthly Treasurer’s Report for the month ended February 29, 2024.

This action reviews and accepts the Monthly Treasurer’s Report for February 2024.

7. 2023 Fire Marshal Inspection Report (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution acknowledging receipt of the 2023 Fire Marshal, State Mandated Inspection Report for the City of Campbell.

Councilmember Furtado brought attention to the 2023 Fire Marshal Inspection Report, noting that it is a robust and comprehensive report this year and commending the Fire Marshal for the hard work.

Resolution 13136 acknowledges receipt of the 2023 Fire Marshal, State Mandated Inspection Report for the City of Campbell.

8. Initiate Proceedings of the Campbell Lighting and Landscaping District, Fiscal Year 2024-25 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution Initiating Proceedings, describing the improvements, and directing staff to prepare the Engineer’s Report for the Campbell Lighting and Landscaping Assessment District for Fiscal Year 2024-25.

Resolution 13137 initiates proceedings, describing the improvements, and directing staff to prepare the Engineer’s Report for the Campbell Lighting and Landscaping Assessment District for Fiscal Year 2024-25.

M/S: Lopez/Furtado – That the City Council approve the Consent Calendar, with the exception of item nine. The motion was adopted by the following roll call vote:

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

ITEMS CONSIDERED SEPARATE FROM CONSENT

9. Resolution for the Building M – Roof Replacement Project (CIP No. 24 -SS) Authorizing the Rejection of Bids, Revisions to the Plans and Specifications, and Solicitation of Re -Bids for the Subsequent Award of a Contract to the Lowest, Responsive Bidder, in an Amount Not to Exceed $300,000, Plus a 20% Construction Contingency of $60,000; and Authorizing the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100, and the Public Works Director 3 Packet Pg. 15
Minutes Acceptance: Minutes of Apr 2, 2024 7:00 PM (CONSENT CALENDAR)

Minutes of April 2, 2024 City Council Meeting Page 5
to Execute Contract Change Orders Up to and Within the Allocated Construction Contingency Amount (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution for the Building M - Roof Replacement project (No. 24 -SS) to: 1) authorize the rejection of bids received; 2) approve the revised plans and specifications with minor scope modifications; 3) authorize solicitation to re -bid the project; 4) approve the subsequent award of a contract to the lowest, responsive bidder, in an amount not to exceed $300,000, plus a 20% construction contingency of $60,000; authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; 5) authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and 6) authorize the Public Works Director to negotiate and execute contract change orders up to and within the allocated construction contingency amount.

City Manager Loventhal brought attention to a reference in the item to the previously approved roof replacement project (24 -TT), clarifying for the record that staff is making the same revisions on the previous replacement project from March 5, 2024 (24-TT) as is proposed on item 9.

Mayor Landry pulled this item and asked for input from Public Works Director Capurso. Director Capurso confirmed that they will revise the specs and go back out to bid with the more traditional method. Mayor Landry stated concerns with the bids coming back at more than $300,000 and needing to come to council a third time. Director Capurso agreed with the concern and suggested that the base bid amount be increased in an amount not to exceed $350,000 with a $50,000 contingency.

Councilmember Bybee asked for clarification on the budgeted amount for this project. Director Capurso confirmed that they have $400,000 budgeted for this project.

Following discussion, M/S: Landry/Scozzola – That the City Council adopt Resolution 13138 for the Building M - Roof Replacement project (No. 24-SS) to: 1) authorize the rejection of bids received; 2) approve the revised plans and specifications with minor scope modifications; 3) authorize solicitation to re-bid the project; 4) approve the subsequent award of a contract to the lowest, responsive bidder, in an amount not to exceed $350,000, plus a contingency of $50,000, not to exceed $400,000; authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; 5) authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and 6) authorize the Public Works Director to negotiate and execute contract change orders up to and within the allocated construction contingency amount. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Scozzola
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Minutes Acceptance: Minutes of Apr 2, 2024 7:00 PM (CONSENT CALENDAR)

Minutes of April 2, 2024 City Council Meeting Page 6
AYES: Landry, Lopez, Scozzola, Furtado, Bybee

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

10. Public Hearing to Consider the Establishment of a New Zoning Map Incorporating Three New Housing Overlay/Combining Zoning Districts and Adoption of Related Zoning Code Text Amendments. (Ordinance/Roll Call Vote)
Recommended Action: That the City Council take first reading, introducing an Ordinance, establishing a new Zoning Map incorporating three new Housing Overlay/Combining Zoning Districts and adoption of related Zoning Code Text Amendments.

This is the time and place for a public hearing to consider the Establishment of a New Zoning Map incorporating three new Housing Overlay/Combining Zoning Districts and adoption of related Zoning Code Text Amendments.

Senior Planner Stephen Rose presented a staff report dated April 2, 2024.

Following Council questions, Mayor Landry opened the public meeting.

Jacob Billitteri, Charities Housing out of San Jose spoke on behalf of affordable housing overlay. They were one of the developers that participated extensively during the City commenting period. He spoke in support of park fee waivers for affordable housing developers and declared their support for this item.

Priscilla Hanes, Executive Director of Santa Clara Methodist Retirement Foundation, spoke in favor of 100% park fee waivers for their application to develop affordable housing at 60 Hamilton Ave. She also discussed open space on the property for the community to potentially use.

Seeing no one else wishing to speak, Mayor Landry closed the public hearing.

The City Council expressed general support for the New Zoning Map as a starting point in the discussion of building more affordable housing.

Following discussion, M/S: Bybee/Lopez – That the City Council Introduce Ordinance 2305, for first reading, establishing a new Zoning Map incorporating three new Housing Overlay/Combining Zoning Districts and adoption of related Zoning Code Text Amendments. The motion was adopted by the following roll call vote:

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

Deputy Clerk Epolite read the full title of Ordinance 2305.

M/S: Furtado/Bybee – That the City Council waive further reading of Ordinance 2305. The motion was adopted by the following roll call vote:
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Minutes Acceptance: Minutes of Apr 2, 2024 7:00 PM (CONSENT CALENDAR)

Minutes of April 2, 2024 City Council Meeting Page 7

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

11. Public Hearing to Consider Amendments to Title 5 (Business Licenses and Regulations), Title 10 (Vehicles and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code Serving to Streamline Permit Processes in Support of Economic Development Objectives. (Ordinance/Roll Call Vote) Recommended Action: That the City Council take first reading, introducing an Ordinance, amending Title 5 (Business Licenses and Regulations), Title 10 (Vehicles and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code.

This is the time and place for a public hearing to Consider Amendments to Title 5 (Business Licenses and Regulations), Title 10 (Vehicles and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code Serving to Streamline Permit Processes in Support of Economic Development Objectives.

Mayor Landry asked if any Councilmembers had any disclosures to make. There were no disclosures.

Senior Planner Stephen Rose presented a staff report dated April 2, 2024.

Following Council questions, Mayor Landry opened the public meeting.

Seeing no one wishing to speak, Mayor Landry closed the public hearing.

Following discussion, M/S: Bybee/Scozzola – That the City Council Introduce Ordinance 2306, for first reading , amending Title 5 (Business Licenses and Regulations), Title 10 (Vehicles and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code. Including the Desk Item. The motion was adopted by the following roll call vote:

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

Deputy Clerk Epolite read the full title of Ordinance 2306.

M/S: Bybee/Furtado – That the City Council waive further reading of Ordinance 2306. The motion was adopted by the following roll call vote:

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

NEW BUSINESS
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Minutes of April 2, 2024 City Council Meeting Page 8
There were no new business items.

UNFINISHED BUSINESS

12. Consider Approval of Proposed 2024 Economic Development Plan (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution adopting the 2024 Economic Development Plan.

Director Eastwood presented the item as the culmination of a two -year collaborative process involving the Council and stakeholders. He emphasized that this plan is more robust and ambitious compared to previous ones.

Chabin Concepts consultant, Audrey Taylor, introduced team members and gave a staff report dated April 2, 2024.

The City Council asked general questions related to the staff report presentation.

Following Council questions, Mayor Landry asked if anyone from the public wished to speak.

Terry Hines, Campbell resident, spoke in favor of adding initiatives for large businesses to locate in Campbell.

Ken Johnson, Executive Director of the Campbell Chamber of Commerce expressed gratitude for being included in the creation of the Economic Development Plan and looks forward to continuing the collaborative relationship in the future.

The Council acknowledged the team’s efforts on a thorough and comprehensive plan.

Economic Development Manager, Leslie Parks, spoke on next steps. She informed Council that a copy of an Economic Development Program Audit, assessing the City’s program as well as other city programs in the area, will be distributed prior to the plan’s adoption.

After discussion, M/S: Scozzola/Lopez – That the City Council adopt Resolution 13139 adopting the 2024 Economic Development Plan.

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

COUNCIL COMMITTEE REPORTS

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

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Minutes of April 2, 2024 City Council Meeting Page 9
Councilmember Bybee attended the Silicon Valley Animal Control Authority Board (SVACA) meeting and the Campbell Chamber of Commerce lunch.

Vice Mayor Lopez attended the policy grants and technology committee meeting for Bay Area Quality Management District Board of Directors; two Vally Transportation Authority meetings, including the first Administration and Finance meeting of the year; and the League of Cities Policy Committee meeting.

Councilmember Furtado attended an affordable housing luncheon at the Commonwealth Club of San Fransisco; the Silicon Valley Regional Interoperability Authority (SVRIA) meeting; participated in a National Vietnam Veteran’s Day Ceremony in the Council Chambers and presented a Department of Defense Pin to Salvatore Gaeta to acknowledge his service in the Vietnam War.

Councilmember Scozzola attended the Education Subcommittee meeting; and Friends of the Heritage Theatre meeting.

Mayor Landry attended the West Valley Mayors and Manager’s meeting; the Education Subcommittee meeting; will attend the Campbell Unified School District kitchen for a student cookoff and will attend the Santa Clara County Housing Meeting.

ADJOURN
Mayor Landry adjourned the meeting at 9:30 PM.

APPROVED:

ATTEST:

Susan M. Landry, Mayor

Kristen Epolite, Deputy City Clerk

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Minutes Acceptance: Minutes of Apr 2, 2024 7:00 PM (CONSENT CALENDAR)

City
Council
Report

TITLE: Approving Bills and Claims

RECOMMENDED ACTION

Approve the bills and claims in the amount of $2,572,149.53.

DISCUSSION

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

Type Check Date Amount
Payroll March 14, 2024 $34,587.84
Bills & Claims March 18, 2024 $569,139.48
Bills & Claims March 25, 2024 $1,967,422.21
Total $2,571,149.53

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, Assistant Finance Director

Item: 4
Category: CONSENT CALENDAR
Meeting Date: April 16, 2024
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Approving Bills and Claims Page 2 of 2

Approved by:

Brian Loventhal, City Manager

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City
Council
Report

TITLE: Second Reading of Ordinance 2305 Establish a New Zoning Map Incorporating Three New Housing Overlay/Combining Zoning Districts and Adoption of Related Zoning Code Text Amendments. (Ordinance/Roll Call Vote)

RECOMMENDED ACTION

That the City Council take second reading and adopt Ordinance 2305 establishing a new Zoning Map incorporating three new Housing Overlay/Combining Zoning Districts and adoption of related Zoning Code text amendments.

DISCUSSION

At the regular meeting of April 2, 2024, the City Council held a public hearing to take first reading, introducing an ordinance, establish ing a new Zoning Map incorporating three new Housing Overlay/Combining Zoning Districts and adoption of related Zoning Code Text Amendments. The Housing Element included three programs to support the development of affordable housing through the creation of Housing Overlay Districts and related Zoning Code Text Amendments.

The item was approved by unanimous vote and the City Council took first reading of Ordinance 2305. In accordance with Gov. Code 36933, A summary of Ordinance 230 5 was published in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara on April 10, 2024 and will be published again on April 24, 2024, following approval of second reading. Ordinance 230 5 will become effective 30 days following the second reading approval.

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 April 2, 2024.

Item: 5
Category: CONSENT CALENDAR
Meeting Date: April 16, 2024
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Second Reading of Ordinance 2305 Page 2 of 2
Prepared by:

Kristen Epolite, Deputy City Clerk
Reviewed by:

Andrea Sanders, City Clerk
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Ordinance 2305
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ORDINANCE NO. 2305

BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CAMPBELL ESTABLISHING A NEW ZONING MAP

INCORPORATING THREE NEW HOUSING OVERLAY ZONING
DISTRICTS AND AMENDING TITLE 21 (ZONING) OF THE

CAMPBELL MUNICIPAL CODE TO ADOPT RELATED ZONING
CODE TEXT AMENDMENTS. FILE NO. PLN-2022-155.

WHEREAS, after notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.

WHEREAS, the subject Ordinance will establish a new Zoning Map as set forth in Exhibit A-

1. WHEREAS, upon the effective date of the subject Ordinance, the preceding Campbell Zoning Map, as most recently amended, shall be of no further force or effect.

WHEREAS, the subject Ordinance will amend Title 21 (Zoning) of the Campbell Municipal Code as set forth herein.

WHEREAS, the proposed amendments would be consistent with the following policies and strategies of the 2040 General Plan:

LU-1.a: Update the City’s Zoning Map to be consistent with the land use designations shown on Figure LU-01.

LU-1.b: Assign zoning to properties consistent with the land use designations identified by the General Plan.

LU-1.e: Review the standards provided in the Campbell Municipal Code and Zoning Code (Title 21) and amend as necessary to ensure consistency with the General Plan.

WHEREAS, the proposed amendments would be consistent with the following programs from the 2023-2031 Campbell Housing Element:

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

Other incentives to be evaluated in developing the AHOZ include:

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Attachment: Ordinance 2305 (Second Reading of Ordinance 2305) City Council Ordinance No. 2305
PLN-2023-155 – New Zoning Map and Zoning Code Updates Page 2 of 10 • Providing for a) building, planning, and/or impact fee reductions or waivers; and b) City funding support for frontage
improvements.

Program H-3e: Rezone for Lower Income Shortfall: Pursuant to State statutes (Gov Code 65583.2(h) and 65583.2(i),), sites identified for rezoning to address the City’s lower income RHNA shortfall shall meet the following requirements:
• Permit owner-occupied and rental multi -family uses by-right in which 20% or more of the units are affordable to lower income households
• Permit a minimum density of 20 units per acre
• Allow a minimum of 16 units per site
• Accommodate at least 50 percent of the lower income need on sites designated for residential use only, otherwise allow 100% residential use and require residential to occupy at least 50% of the floor area in a mixed-use project.

Program H-3f: In accordance with State law, Modify the Zoning Ordinance so that parcels in the Site Inventory identified in previous Housing Elements ("Reuse Sites") as noted in Table A of the Site Inventory with at least 20 percent of the units affordable to lower -income households are eligible for by -right processing with ministerial review.

WHEREAS, the legislature of the State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

WHEREAS, review and adoption of the proposed amendments is done in compliance with California Government Code Sections 65853 through 65857, which require a duly noticed public hearing of the Planning Commission whereby the Planning Commission shall provide its written recommendation to the City Council for its consideration.

WHEREAS, the proposed amendments serve to implement the 2040 General Plan and 2023- 2031 Housing Element and may therefore be found consistent with the Final Environmental Impact Report (EIR) (SCH: 2022030556) prepared for the 2040 General Plan and 2023-2031 Housing Element. Where the proposed amendments are not within the scope of the EIR, such changes may found categorically exempt pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, because they have no potential for resulting in physical change to environment, directly or indirectly, or are administrative activities of government that will not result in dir ect or indirect physical change in the environment pursuant, respectively.

WHEREAS, pursuant to CEQA Guidelines Section 15162, the Final Environmental Impact Report (SCH: 2022030556) contains full and adequate review for the changes that would result from the adoption of the subject Ordinance.

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Attachment: Ordinance 2305 (Second Reading of Ordinance 2305) City Council Ordinance No. 2305
PLN-2023-155 – New Zoning Map and Zoning Code Updates Page 3 of 10 WHEREAS, no substantial changes are proposed which require major revisions of the Final Environmental Impact Report (SCH: 2022030556) due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

WHEREAS, no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Final Environmental Impact Report (SCH: 2022030556) was certified as complete shows any of the following: a) The project will have one or more significant effects not discussed in the Final Environmental Impact Report (SCH: 2022030556); b) Significant effects previously examined will be substantially more severe than shown in the previous EIR; c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project; or d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment.

WHEREAS, the proposed amendments are consistent with the goals, policies, and actions of the 2040 General Plan (which includes the 2023 -2031 Housing Element) and all applicable development agreements, area plans, neighborhood plans, and specific plans.

WHEREAS, the proposed amendments will not be detrimental to the public interest, health, safety, convenience, or general welfare of the city.

WHEREAS, the proposed amendments are internally consistent with other applicable provisions of this Zoning Code.

WHEREAS, in consideration of the adoption of the subject Ordinance, the City Council provided due consideration of all evidence presented and provided in the entire administrative record.

NOW, THEREFORE, the City Council of the City of Campbell does ordain as follows:

Section 1. That a new Campbell Zoning Map as set forth in Exhibit A is hereby adopted and shall supersede all previously adopted version(s) of the Campbell Zoning Map; and the City Clerk is directed to update placeholders to indicate the effective date and number of the Ordinance.

Section 2. Campbell Municipal Code Section 21.04.020, Table 2 -1 (Zoning Districts and General Plan Designations), Note #1, is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

1. Several sites are subject to a site-specific overlay as noted with a number on the Land Use Map that reflects the maximum developable gross acres of a property that may be used for residential development. The maximum developable gross acres allowed on a property shall be measured and provided as a single contiguous area on the property. number of allowable dwelling units on the property which may be increased subject to a density bonus or through exercise of the City’s Affordable Housing Overlay Zone (AHOZ) if/when established.

Section 3 . Table 2 -1 (Zoning Districts and General Plan Designations) of Campbell Municipal Code Section 21.04.020 (Zoning districts established), is hereby amended to add

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Attachment: Ordinance 2305 (Second Reading of Ordinance 2305) City Council Ordinance No. 2305
PLN-2023-155 – New Zoning Map and Zoning Code Updates Page 4 of 10 three additional rows and three additional columns, following the O (Overlay District) row in the table, with underlining (underlining) indicating new text as follows:

BRH By-Right Housing The By-Right Housing overlay/combining district may be found consistent with the
underlying land use designation of the
General Plan.

RS Reuse Sites The Reuse Sites overlay/combining district may be found consistent with the underlying
land use designation of the General Plan.

AH Affordable Housing The Affordable Housing overlay/combining district may be found consistent with any
land use designation of the General Plan
except the Lower Density Residential,
Industrial, or Research and Development
land use designation.

Section 4. Note (4), of Table 2 -1 (Zoning Districts and General Plan Designations) of Campbell Municipal Code Section 21.04.020 (Zoning districts established), is hereby amended with underlining (underlining) indicating new text as follows:
(4) The designation of an area in an overlay/combining district shall be expressed as an additional suffix to zoning map symbol (e.g., R-1-6-H, TO-MU-O) where the provisions of the overlay are exercised by a project.

Section 5. Campbell Municipal Code Section 21.0 7.040.A. (Administrative Housing Development Project Permit) , is hereby amended with underlining ( underlining) indicating new text as follows:

A. Administrative Housing Development Project Permit. An Administrative Housing Development Project Permit shall be required for the following:

1. Any housing development project consisting of less than five (5) new residential units.

2. Minor alterations to site or design details of a housing development project, with an approved permit as set forth by this chapter, as follows:
i. Changes to the size (e.g., depth, width), placement, height, or design of an approved frontage type or building type within the same category.
ii. Changes to site design details, including landscaping or hardscaping, screening, fencing, or lighting detail.
iii. Changes to the assignment or placement of parking spaces which do not alter off-site circulation; and
iv. Adding, removing, relocating, or modifying the design of an accessory structures less than 600 square feet.

3. Reconfiguration of existing square footage that does not result in:
i. A decrease in the number of bedrooms;
ii. An increase of more than 2 bedrooms per unit; and/or iii. Change the exterior appearance of the building except as otherwise provided by this chapter.

4. Housing development projects that comply with all the requirements of Campbell Municipal Code Section 21.14.070.D.2 (Permit processing) of the Affordable Housing overlay/combining district.

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Attachment: Ordinance 2305 (Second Reading of Ordinance 2305) City Council Ordinance No. 2305
PLN-2023-155 – New Zoning Map and Zoning Code Updates Page 5 of 10 Section 6. Campbell Municipal Code Section 21.14.010.B. (Applicability) is amended to read as follows with underlining (underlining) indicating new text:

B. Applicability. The applicability of any overlay/combining zoning district to specific sites is illustrated by the overlay zoning map symbol established by Section 21.04.020 (Zoning Districts Established) and/or as described in accordance with this chapter and shall be indicated by a suffix appended to the symbol of the baseprimary zoning district (e.g., R-1-6-H, GC-O, TO-MU-CB) where the provisions of the overlay are exercised by a project. The provisions of this chapter apply to development and new uses in addition to all other applicable requirements of this Zoning Code. In the event of any conflict between the provisions of this chapter and any other provision of this Zoning Code, this chapter shall control.

Section 7. Chapter 21.14 – Overlay/Combining Districts. Campbell Municipal Code Chapter

21.14 (Overlay/Combining Districts) is amended to add Sections 21.14.050, 21.14.060, and

21.14.070, with underlining (underlining) indicating new text as follows:

21.14.050 BRH (By-Right Housing) overlay/combining zoning district.

A. Purpose. The purpose of the By-Right Housing (“BRH”) overlay/combining zoning district is to promote the development of housing on sites locally identified to satisfy the City’s lower-income Regional Housing Needs Allocation (RHNA) shortfall pursuant to State statues (Gov. Code 65583.2(h) and 65583.2(i)).

B. Eligibility. Sites included in the BRH overlay/combining zoning district shall satisfy the following criteria:

1. Density. Permit a minimum density of 30 units per acre, for the entirety of, or a portion of the site, in compliance with the General Plan Land Use Map.

2. Minimum unit count. Permit a minimum of 16 units per site.

C. Development standards. The following development standards shall apply to sites where the BRH overlay/combining zoning district is applied.

1. Residential projects. Sites shall be permitted to develop exclusively as residential uses.

2. Mixed-use projects. Mixed-use projects shall be required to allocate a minimum of 50% of the total gross floor area to residential uses.

D. Expedited permit processing. Housing development projects with at least 20 percent of the units affordable to lower-income households shall be processed in accordance with Chapter 21.39 (Ministerial Approvals).

E. Establishment of district. The BRH overlay/combining zoning district shall be established by ordinance. In addition to the procedures and findings set forth in Chapter 21.60 (Amendments – General Plan, Zoning Code, and Zoning Map Amendments) the decision-making body must also find that the project meets the eligibility requirements set forth in Section 21.14.050.B. (Eligibility) and specify the characteristics of the project that were used to make such determination.

21.14.060 RS (Reuse Sites) overlay/combining zoning district.

A. Purpose. The purpose of the Reuse Sites (“RS”) overlay/combining zoning district is to promote housing development on Housing Opportunity Sites used in one or more previously adopted Housing Elements consistent with the objectives of the General Plan, Housing Element, and State statues.

B. Eligibility. Sites included in the RS overlay/combining zoning district shall consist of the following:

1. Non-vacant Housing Opportunity Sites used in the previously adopted and current Housing Element; and

2. Vacant Housing Opportunity Sites used in the two previously adopted and current Housing Element.

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Attachment: Ordinance 2305 (Second Reading of Ordinance 2305) City Council Ordinance No. 2305
PLN-2023-155 – New Zoning Map and Zoning Code Updates Page 6 of 10 C. Expedited permit processing. Housing development projects with at least 20 percent of the units affordable to lower-income households shall be processed in accordance with Chapter 21.39 (Ministerial Approvals).

D. Establishment of district. The RS overlay/combining zoning district shall be established by ordinance. In addition to the procedures and findings set forth in Chapter 21.60 (Amendments – General Plan, Zoning Code, and Zoning Map Amendments) the decision-making body must also find that the project meets the eligibility requirements set forth in Section 21.14.060.B. (Eligibility) and specify the characteristics of the project that were used to make such determination.

21.14.070 AH (Affordable Housing) overlay/combining zoning district.

A. Purpose. The purpose of the Affordable Housing (“AH”) overlay/combining zoning district is to promote the development of affordable housing by providing incentives to projects that voluntarily elect to comply with all the requirements of this Section.

B. Applicability. The AH overlay/combining zoning district applies to all properties except those with a “Low Density Residential”, “Light Industrial”, or “Research and Development” General Plan land use designation, or within an “H” (Historic) overlay/combining zoning district.

C. Eligibility. The incentives set forth in Section 21.14.070.D. (Incentives) may only be applied to projects which satisfy all the following general requirements:

1. Housing development project. The project satisfies the definition of a housing development project in accordance with CMC 21.72 (Definitions);

2. Compliance with State Density Bonus Law. The project meets the criteria for a density bonus under State Density Bonus Law, as outlined in Sections 65915 to 65918 of the California Government Code, apart from the regulations of the Affordable Housing overlay/combining zoning district;

3. Adherence to requirements. The project does not use State Density Bonus Law, or any other State or Federal law, to relieve the project from any of the requirements of the Affordable Housing overlay/combining zoning district;

4. Mixed-use development. Where the City’s adopted Form-Based Zone Map designates a “Tier 1” ground-floor non-residential requirement, the project must adhere to all corresponding regulations outlined in the adopted Multi-Family Development and Design Standards, established in accordance with CMC 21.07.030 (Multi-Family Development and Design Standards Document and Form-Based Zone Map adopted); and

5. Adjacency requirements. The project complies with the Adjacency Requirements of Section 3.100 of the adopted Multi-Family Development and Design Standards, established in accordance with CMC

21.07.030 (Multi-Family Development and Design Standards Document and Form-Based Zone Map adopted).

D. Incentives. The following incentives shall be provided to qualifying projects:

1. Increased density bonus. The following density bonuses shall be offered to projects which provide a greater percentage of very-low, low-, or moderate-income housing units, by category, than otherwise required by State Density Bonus Law but less than required to qualify for an additional density bonus under state law. In no case shall the combination of the density granted under this Section and any other law result in a total density bonus that is greater than 70 percent. Further, density bonuses provided for by this Section may not be combined across income categories and shall be calculated consistent with CMC 21.20.050.A (Number of units) excepting that for Step 2 – the corresponding percentage density bonus shall be calculated based on the values indicated in the tables below.

Percentage Very-Low-Income Units Percentage Density Bonus 16 53.75
17 57.5

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Attachment: Ordinance 2305 (Second Reading of Ordinance 2305) City Council Ordinance No. 2305
PLN-2023-155 – New Zoning Map and Zoning Code Updates Page 7 of 10 18 61.25
19 65
Percentage Low-Income Units Percentage Density Bonus
25 51.5
26 53.5
27 55.5
28 57.5
29 59.5
30 61.5
31 63.5
32 65.5
33 67.5
34 69.5
Percentage Moderate-Income Units Percentage Density Bonus 41 38.75
42 42.5
43 46.25
44 50
45 53.75
46 57.5
47 61.25
48 65
49 68.75

2. Expedited permit processing. Projects qualifying for a 60 percent or greater density bonus, in accordance with CMC Section 21.14.070.D.1., shall be eligible for expedited permit processing as follows:
i. Ministerial approval. Where the project qualifies for a statutory, or categorical exemption, from the California Environmental Quality Act (CEQA) (PRC Sections 21000 et. seq) they shall be processed through a ministerial permit process in accordance with CMC 21.39 (Ministerial approvals).
ii. Administrative Housing Development Project Permit. For projects that are ineligible for a ministerial permit process, they shall be processed through an Administrative Housing Development Project Permit with the exception that any appeal filed in accordance with the

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Attachment: Ordinance 2305 (Second Reading of Ordinance 2305) City Council Ordinance No. 2305
PLN-2023-155 – New Zoning Map and Zoning Code Updates Page 8 of 10 requirements of Chapter 21.62 (Appeals) shall be referred to the City Council, rather than the Planning Commission.

3. Extended permit approval. Projects qualifying for an increased density bonus of any amount, in accordance with CMC Section 21.14.070.D.1., shall be granted a three-year permit approval for the first approval of all land use entitlements permits. The permit approval period of post-entitlement permits, such as building permits, and/or land use entitlements granting subsequent extensions of approval, and/or modifications to the first land use approval, shall not be extended as an incentive of this Section.

4. Priority funding. Projects qualifying for a 65 percent or greater density bonus, in accordance with this Section, shall be eligible for the priority use of any local affordable housing funds allocated specifically to the purpose of supporting the development of affordable housing.

5. Reduction in park in-lieu fees. Projects which meet one or more of the following criteria will qualify for reductions in the fee in lieu of land dedication required by Campbell Municipal Code Section

20.24.080 (Amount of fee in lieu of land dedication) as follows:

Minimum Percentage Lower-Income1
Housing Units
Percentage Reduction in Fee in Lieu of Land
Dedication Required
≥50% 12.5%
≥75% 25%
≥100% 50%
(1) Includes units provided at an affordable ownership cost to moderate-income households, lower- income households, very low-income households, extremely low-income households, and/or acutely low-income households as defined by CMC Section 21.20.020 (Definitions) that are subject to an affordable housing agreement consistent with the requirements of CMC Section

21.24.060 (Continued affordability and city review of occupancy).

This incentive does not apply to projects receiving financial support of an equivalent or greater value from the City in accordance with CMC 21.14.070.D.4 (Priority funding) or any other City supportive housing program. This reduction in fees may be combined with other available credits against the park land dedication requirements in accordance with CMC Section 20.24.110 (Credits).

6. Reduced requirements. Projects which provide 100% of their units at an affordable ownership cost to moderate-income households, lower-income households, very low-income households, extremely low-income households, and/or acutely low-income households as defined by CMC Section 21.20.020 (Definitions) shall be alleviated from the following requirements without requiring the use of concessions or waivers under State Density Bonus Law:
i. Multi-Family Development and Design Standards (MFDDS). All requirements pertaining to Chapter 5 (Building Types), Chapter 6 (Specific to Frontage Types), and Chapter 7 (Architectural Standards) except for Section 7.080 (Bird Safety).

E. Establishment of district. The AH overlay/combining zoning district shall be established by ordinance. In addition to the procedures and findings set forth in Chapter 21.60 (Amendments – General Plan, Zoning Code, and Zoning Map Amendments) the decision-making body must also find that the project meets the eligibility requirements set forth in Section 21.14.070.B. (Eligibility) and specify the characteristics of the project that were used to make such determination.

Section 8. Campbell Municipal Code Section 21.72.020. L (Definitions, “ L.”) is hereby amended to add the definition of “ Land use designation , underlying ” with underlining (underlining) indicating new text as follows:

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Attachment: Ordinance 2305 (Second Reading of Ordinance 2305) City Council Ordinance No. 2305
PLN-2023-155 – New Zoning Map and Zoning Code Updates Page 9 of 10 "Land use designation, underlying” or “Underlying land use designation” means the land use designation of a parcel or property as indicated on the City of Campbell General Plan Land Use Map.

Section 9. Campbell Municipal Code Section 21.72.020. Z (Definitions, “ Z.”) is hereby added.

Section 10. Campbell Municipal Code Section 21.72.020.Z (Definitions, “Z.”) is hereby amended to add the definition of “ Zoning district, base” with underlining ( underlining) indicating new text as follows:
"Zoning district, base” means the zoning district of a parcel or property as indicated on the City of Campbell Zoning Map, in accordance with Campbell Municipal Code Chapter 21.06 (District Boundaries), other than the Overlay/Combining District.

Section 11. If any section, sentence, clause, phrase, word, or other provision of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or other provisions of this Ordinance, or the validity of this Ordinance, shall stand notwithstanding the invalidity of any section, sentence, clause, phrase, word or other provision.

Section 12. The proposed amendments serve to implement the 2040 General Plan and 2023- 203 Housing Element and are therefor e found consistent with the Final Programmatic Environmental Impact Report (EIR) prepared for the Envision Campbell 2040 General Plan and Campbell’s Plan for Housing 2023-2031 Housing Element. Where the proposed amendments are not within the scope of the EIR, such changes are categorically exempt pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, because they have no potential for resulting in physical change to environment, directly or indirectly, or are administrative activities of government that will not result in direct or indirect physical change in the environment pursuant, respectively.

Section 13. The City Council further finds and determines that the proposed Ordinance is consistent with the goals, policies, and actions of the 2040 General Plan and 2023-2031 Housing Element.

Section 14. That this Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, or summary thereof, one time within fifteen (15) days upon passage and adoption in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara.

PASSED AND ADOPTED this
16th day of April, 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

Councilmembers:

Councilmembers:

Councilmembers:

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Susan M. Landry, Mayor
ATTEST:

Andrea Sanders, City Clerk

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Attachment: Ordinance 2305 (Second Reading of Ordinance 2305) Exhibit A-1

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Attachment: Ordinance 2305 (Second Reading of Ordinance 2305) City
Council
Report
TITLE: Second Reading of Ordinance 2306 Amendments to Title 5 (Business Licenses and Regulations), Title 10 (Vehicles and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code Serving to Streamline Permit Processes in Support of Economic Development Objectives. (Ordinance/Roll Call Vote)

RECOMMENDED ACTION
That the City Council take second reading and adopt Ordinance 2306 amending Title 5 (Business Licenses and Regulations), Title 10 (Vehicles and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code.

DISCUSSION
At the regular meeting of April 2 , 2024, the City Council held a public hearing to Consider Amendments to Title 5 (Business Licenses and Regulations), Title 10 (Vehicles and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code Serving to Streamline Permit Processes in Support of Economic Development Objectives. A prominent focus area identified in preparation of the Economic Development Plan was feedback from stakeholders which highlighted challenges with the city’s permitting processes, including the need to obtain a Conditional Use Permit for many types of businesses in the city.

The item was approved by unanimous vote and the City Council took first reading of Ordinance 2306. In accordance with Gov. Code 36933, A summary of Ordinance 230 6 was published in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara on April 10, 2024 and will be published again on April 24, 2024, following approval of second reading. Ordinance 230 6 will become effective 30 days following the second reading approval.

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 Item: 6
Category: CONSENT CALENDAR
Meeting Date: April 16, 2024
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fiscal impacts are included in the staff report introducing the Ordinance on April 2, 2024.

Prepared by:

Kristen Epolite, Deputy City Clerk
Reviewed by:

Andrea Sanders, City Clerk
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Ordinance 2306
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ORDINANCE NO. 2306

BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AMENDING TITLE 5 (BUSINESS LICENSES AND
REGULATIONS), TITLE 10 (VEHICLES AND TRAFFIC) , AND TITLE 21 (ZONING) OF THE CAMPBELL MUNICIPAL CODE. FILE NO. PLN- 2022-175.

WHEREAS, after notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.

WHEREAS, the subject Ordinance will amend Title 5 (Business Licenses and Regulations) , Title 10 (Vehicles and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code as set forth herein.

WHEREAS, the proposed amendments would be consistent with the following policies and actions from the 2040 General Plan:

Policies:
• ED-2.1 – Identify the needs, barriers, and concerns of existing businesses and ensure that they are addressed.
• ED-2.2 – Implement predictable and streamlined development review processes and practices that include clear, zoning regulations; ensuring permitting information is readily available and easily accessible to the general public and business community. • ED-2.3 – Ensure that the city’s development process and zoning regulations facilitate expeditious review of commercial, office, and light industrial development proposals that meet Campbell’s goals and provide high -quality jobs and that create a multiplier effect f or the local economy.
• ED-2.7 – Ensure that the City provides a business-friendly service oriented, and solutions-based approach to permitting through efficient processing of applications and permits.

Actions:
• ED-2.a – Review, and update as necessary, zoning and other development regulations and application review and permitting process in order to ensure consistency with land use policies in this General Plan aimed at spurring job growth and economic developmen t. Revisions may include increased flexibility regarding use types, business operations, site development standards, reduced parking standards near transit stations, or other changes intended to reduce impediments to development consistent with the goals of this General Plan.

• ED-3.b – Ensure that zoning and other development regulations do not include internal conflicts or other unintended development impediments that would limit full and complete utilization of sites zoned for commercial and light industrial activities, consistent with the maximum densities and development intensities allowed by the zoning code.

WHEREAS, the legislature of the State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.

WHEREAS, review and adoption of the proposed amendments is done in compliance with California Government Code Sections 65853 through 65857, which require a duly noticed

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public hearing of the Planning Commission whereby the Planning Commission shall provide its written recommendation to the City Council for its consideration.

WHEREAS, adoption of the proposed Ordinance is considered a "project" under Section 15378(a)(1) of the California Environmental Quality Act (CEQA).

WHEREAS, the proposed Ordinance may be found exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that there is no possibility that the proposed changes to the City’s Municipal Code, which broadly serve to change permit processing procedures and clarify distinctions between land uses, may have a significant effect on the environment.

WHEREAS, the proposed amendments will not be detrimental to the public interest, health, safety, convenience, or general welfare of the city.

WHEREAS, the proposed amendments are internally consistent with other applicable provisions of the Campbell Municipal Code and Zoning Code.

WHEREAS, in consideration of the adoption of the subject Ordinance, the City Council provided due consideration of all evidence presented and provided in the entire administrative record.

THEREFORE, the City Council of the City of Campbell does ordain as follows:

Section 1. Title 5 (Business Licenses and Regulations), Title 10 (Vehicles and Traffic), and Title 21 (Zoning) of the Campbell Municipal Code are amended as set forth herein below.

Section 2. Campbell Municipal Code Section 5.04.010 (Designated) is hereby amended to read as follows with strikeouts (strikeouts) indicating deleted text.

5.04.010 - Designated.

Every person conducting businesses, professions and activities in the city, the primary nature of which is indicated in the following schedule, shall annually pay the license tax set opposite the same, based upon the average number of employees in such business, according to the following schedules, unless such business is otherwise specifically taxed by other provisions of this chapter:

Commercial:
(Schedule I) 1 to 5 employees $126.00
6 to 15 employees 202.00
16 to 50 employees 291.00
51+ employees 583.00
Industrial and manufacturing:
(Schedule II) 1 to 5 employees $126.00
6 to 50 employees 202.00
51+ employees 349.00
Professional:
(Schedule III) 1 to 3 employees $126.00
4 to 10 employees 233.00

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11 to 50 employees 408.00
51+ employees 583.00
Hotels: $174.00 per year plus $3.00/room
Live commercial entertainment: $349.00
Marijuana Businesses: 7% of gross receipts per Chapter 5.12 Massage Establishment: 1 to 3 employees $126.00
4 or more employees $233.00
Massage Therapist: $126.00
Mobile home parks and trailer courts: $233.00 per year plus $2/unit Occult science, including astrology, palmistry,
phrenology, life reading, fortunetelling, cartomancy,
clairvoyance, crystal gazing, mediumship, prophecy,
augury, divination, magic or necromancy, when the
person who conducts same demands or receives a fee
for the exercise or exhibition of his art therein either directly or indirectly or as a gift or
donation, or charges admission:

$349.00
Out-of-town business: $101.00
Rental or income producing residences located on
single or contiguous parcels of
land:
$68.00 per year for the first unit plus
$3.00 for each additional unit.
(Owners occupying one unit of a 3 or more unit building are entitled to a $3.00 exemption if said owner files an affidavit with the City claiming the exemption.) Taxicab or limousine service: $126.00 per year plus $21.00 per vehicle Theaters: $466.00
Tow Services: $58.00
Solicitors: $349.00 per year

Section 3. Campbell Municipal Code Section 5.08.010 ( Activities designated—Fees.) is hereby amended to read as follows with underlining ( underlining) indicating new text and strikeouts (strikeouts) indicating deleted text.

5.08.010 Activities designated—Fees.

No person shall conduct any of the following businesses and activities in the City without first securing a permit therefor from the City Council, or chief of police where otherwise specified by this Chapter, on written application filed therefor with the City Clerk, approved by the Chief of Police, the Chief of the Fire Department, and the Community Development Director. The application shall comply with the requirements of Section 5.08.020. The following are the activities regulated by this chapter and the license fee therefor:
(1) Fire and/or bankruptcy and/or wreck sale, first day $51.00 Each additional day, per day …..$25.00
(2) Grinding and/or sharpening knives, scissors, cutlery, lawn mowers, etc., when the person conducting such business travels from place to place by vehicle or on foot, per year ....._$25.00 (3) Hypnotism, per year…..$466.00
(34) Itinerant medicine vendor, street vendor, temporary vendor and/or peddler, per day…..$30.00

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(45) Pawnbroker, per year…..$349
(6) Used motor vehicle dealer—Same as Commercial per Municipal Code Section 5.04.010. (7) Billiard and/or pool room, per year…..$233.00
(58) Dancehall, public dances, per year…..$102.00
(9) Mechanical amusement device and contraptions and vending machines — See Section 5.08.080.

Section 4. Campbell Municipal Code Chapter 5.08.020 (Contents of applications.) is hereby amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

5.08.020 Contents of applications.

The written application provided for in Section 5.08.010 for any activities, businesses and trades enumerated in Sections 5.08.010 and 5.28.010 shall set forth the following:
(1) The name and address of the applicant;
(2) The name and address of the person by whom employed, if any; (3) The nature of the business for which a permit is requested and the number of persons to be employed, both male and female;
(4) Where applicable, a brief description of the nature and amount of equipment to be used in such business; (5) The place where such business is to be conducted;
(6) The personal description of the applicant;
(7) The applicant shall also be required to furnish evidence of his identity, of such character as the City Council may require, and shall also be required to furnish his fingerprints and thumbprints; (8) All applications must be accompanied by any and all license fees prescribed by this Title, as well as any and all applicable regulatory fees as set by City Council resolution to defer the cost of any applicable regulatory program to which the activity, business or trade is subject, and shall be filed with the City Clerk. Such applications shall be reviewed by the Chief of Police, Chief of the Fire Department and the Building and Zoning Enforcement Officers, who shall submit their findings to the City Council , or chief of police where otherwise specified by this Chapter, to assist the council in determining whether or not the application shall be granted or denied.

The decision-making bodyCity Council, on granting a permit, may impose such conditions as it finds reasonable.

The decision-making bodyCity Council may deny a permit if it finds that the activity applied for or the location thereof will create a public nuisance.

Section 5. Campbell Municipal Code Section 5.08.080 (Amusement Devices) is hereby deleted in its entirety and noted as Reserved.

Section 6. Campbell Municipal Code Section 5. 10.090 ( Receiving goods, etc., from intoxicated persons) is hereby deleted and replaced as follows with underlining (underlining) indicating new text:

5.10.090 Hours in which business shall be carried on.

No person shall engage in, conduct, manage, or carry on the business of a pawnshop or a secondhand dealer between the hours of nine p.m. and eight a.m. of the following day.

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Section 7. Campbell Municipal Code Section 5.10.110 (Hours in which business shall be carried on. ) is hereby deleted and replaced as follows with underlining ( underlining) indicating new text:

5.10.110 Receiving goods, etc., from intoxicated persons.

No person licensed pursuant to this chapter, or his manager, or his employee shall take or receive any goods, articles, or thing for any person who is in an intoxicated condition.

Section 8. Campbell Municipal Code Section 5.10.1 30 (Issuance of license ) is hereby amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

5.10.130 Issuance of license.

An individual, partnership or corporation may be granted by the chief of police, or duly authorized agent or designee of the chief of police,city council a license to be both a pawnbroker and a secondhand dealer ., but the The chief of police, or duly authorized agent or designee of the chief of police ,city council may revoke, suspend or deny an individual to be licensed as a pawnbroker, but continue as a secondhand dealer, or revoke, suspend or deny both types of licenses.

Section 9. Campbell Municipal Code Chapter 5.24 .010 (Regulating and licensing in public places.) is hereby amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

5.24.010 Regulating and licensing in public places.
(a) Live entertainment in bars, taverns, cocktail lounges, restaurants, recreational parks, theaters, cafes, cabarets, banquet facilities, rental halls or other public places not employing nude or seminude persons therefor may be permitted by the chief of police city council upon written application pursuant to the provisions of Section

5.24.030. The City Council shall by resolution establish the regulatory fee to be paid upon application for this permit.

The permit shall be non-transferable.
(b) For the purpose of this section, live entertainment is defined as entertainment provided by bands, instrumentalists, disk jockeys, dancers, raconteurs, pantomimists, prestidigitators, magicians, vaudevillians, acrobats, actors and theatrical performers, pageants, or contests involving audience participation, including acts in which animals, exotic or otherwise, are used. The use of animals, exotic or otherwise, shall be subject to the provisions of Title 7 of this code.
(c) The following uses are specifically exempted from this section:
(1) Shows and entertainments, theatrical, musical and vocal presentations, and other live performances conducted by schools, colleges, churches, lodges and private clubs themselves on their own premises, and those conducted and sponsored by civic groups in supervised municipal parks; (2) Live entertainment conducted in a pedestrian-oriented activity in the CB-MU (Central Business Mixed-Use)C-3 (Central Business District) zoning district, provided that such entertainment satisfies the requirements stated in Section 21.11.060.E (Standards for live entertainment in the Central Business Mixed -Use zoning district)Section

21.10.060.F (Standards for live entertainment in the C-3 zoning district). (3) Live entertainment conducted in conjunction with an approved temporary use permit in compliance with Chapter 21.45 (Temporary use permits).
(4) Live entertainment approved through a zoning clearance for Special Events on sites subject to a master use permit authorized by Section 21.14.030.C (Master use permit).

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Section 10. Campbell Municipal Code Chapter 5.24.030 (Application for permit.) is hereby amended to read as follows with underlining ( underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

5.24.030 Application for permit.
(a) Contents. All applications shall include the following information:
(1) If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that they arehe or she is at least eighteen years of age; (2) If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any;
(3) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process;
(4) If the applicant is an individual, theyhe or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business entity shall sign the application;
(5) If the applicant intends to operate under a name other than that of the applicant, the applicant shall file the fictitious name and show proof of registration of the fictitious name; (6) A description of the type of live entertainment for which the permit is requested and the proposed address where the live entertainment will be offered, plus the names and addresses of the owners and lessors of the site of the live entertainment;
(7) The address to which notice of action on the application is to be mailed. (b) Submission of the Application. The application shall be submitted to the chief of police or his designee for review.

If the police chief or their his designee determines that the applicant has completed the application improperly, or otherwise deems the application to be incomplete, the police chief shall, within ten days of receipt of the original application, notify the applicant of such fact and, on request of the applicant, grant the applicant ten days or less to submit a complete application. In addition, the applicant may request an extension, not to exceed ten days, of the time for the police chief or their his designee to determine the completeness of the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.
(c) Investigation by Chief of Police. Upon receipt of a completed application and payment of all application and permit fees, the police chief or their his designee shall immediately stamp the application as received and promptly investigate the information contained in the application. Within thirty days from the receipt of a completed application, the chief of police or theirhis designee shall complete a reportschedule a hearing for the next regularly scheduled meeting of the city council, and forward a r eport to the council summarizing the results of the investigation.
(d) Action by the Chief of PoliceCity Council. At the hearing on the application, the city council The chief of police shall grant the application unless it makes one or more of the following findings:
(1) An applicant is under eighteen years of age;
(2) The required application fee has not been paid;
(3) The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application; (4) The proposed use would constitute a violation of a provision of this code, or other applicable law; (5) An applicant has been convicted of a felony or crime of moral turpitude; (6) The proposed operation would result in a public nuisance as defined in this code, or Section 370 of the California Penal Code.
(e) Conditions of Approval. If the chief of policecity council grants the application, it may place such conditions on the exercise of the permit as the chief of policecouncil determines to be reasonably necessary to ensure that the operation will conform to the requirements of this code and all other applicable laws.

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(f) Continuance of Hearing. The applicant may stipulate to allow the city council to continue the hearing to another meeting.
(f)(g) Written Findings. The chief of policecity council shall prepareadopt written findings in support of its decision. (g) Decision. The chief of police, or their designee, shall notify the applicant by mail within five days of its decision. (h) Referral to the City Council. If the chief of police finds that granting the application may have a substantial effect on the surrounding area or is of sufficient size to warrant the consideration of the city council, the chief of police may refer the application to the city council for a decision.

Section 11. Campbell Municipal Code Chapter 5.24.035 ( Appeal.) is hereby added as follows with underlining (underlining) indicating new text:

5.24.035 Appeal.

Any person whose application is disapproved by the chief of police shall have the right to appeal from such disapproval to the city council. Such appeal shall be taken by filing with the city council a notice of such appeal no later than ten days after the mailing of the notice of disapproval by the chief of police. Said appeal shall be heard by the city council within fifteen days from and after the filing of the notice of appeal. After the council has heard the appeal it may either overrule or affirm the action taken by the chief of police. If it overrules the chief of police, he shall thereupon issue the permit to the applicant.

Section 12. Campbell Municipal Code Chapter 5.28 ( Pool and Billiard Halls ) is here by deleted in its entirety and noted as Reserved.

Section 13. Campbell Municipal Code Chapter 5.29 (Bingo) is hereby deleted in its entirety and noted as Reserved.

Section 14. Campbell Municipal Code Chapter 5.30 (Arcades and Mechanical Amusement Devices) is hereby deleted in its entirety and noted as Reserved.

Section 15. Campbell Municipal Code Chapter 5.40 (Taxicabs) is hereby deleted and replaced as follows with underlining (underlining) indicating new text:

Chapter 5.40

TAXICABS

5.40.010 Purpose.

The purpose of this chapter is to protect the public health, safety and welfare by adopting appropriate regulations in regard to taxicab transportation service as required by Government Code Section 53075.5.

5.40.020 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings set forth below:
(1) “Driver” means any person in charge of or driving any taxicab, either as owner, independent contractor, lessee, agent, employee, or otherwise under the direction of the owner.

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(2) “Owner” means the person who, or the firm, association or corporation, which is registered with the Department of Motor Vehicles of the state of California as the owner of a vehicle or vehicles used in the transportation of persons for compensation, or who has a legal right to possession of such vehicle pursuant to a lease or rental agreement, or who contracts with the driver of such vehicle who is the registered owner or has legal right to possession of the vehicle. The act or omission of any owner’s o fficer, agent, employee or independent contractor, or of any driver whose services are engaged by any of the above, is for all purposes the act or omission of the owner operating the taxicab business regulated by this chapter. (3) “Permit officer” means a duly authorized agent or designee of the police chief of the City of Campbell. (4) “Taxicab” means any public passenger motor vehicle engaged in the business of transportation of passengers for hire over the public streets of the City of Campbell and not over a definite route, upon a fixed schedule, or for a fixed rate, regardless of distance traveled. “Taxicab” shall not include a drive-yourself vehicle, hearse, ambulance, or bus operated over a fixed route.
(5) “Taxicab business, operation or service” means any business, operation, or service pursuant to which taxicabs are made available for hire or receiving passengers in a taxicab. It does not include transportation services owned and operated by a public agency.
(6) “Taximeter” means an instrument or device attached to a taxicab by which the fare authorized for the hire of such taxicab is accurately, mechanically or electronically calculated on the basis of initial charge, distance traveled and/or waiting time, or any combination thereof, which fare shall be indicated upon the taximeter by means of legible figures in dollars and cents.

5.40.030 Owner’s permit required.

A. It is unlawful for any person to engage in the taxicab business, operation or service that will receive passengers from trips originating within the city, unless the owner of the taxicab applies for and obtains an owner’s permit, as provided in this chapter. An owner of a vehicle for hire in the city shall also be required to apply to obtain a driver’s permit if the owner is also a taxicab driver as provided in this chapter.

B. The police department shall administer the application process for a taxicab owner’s permit.

C. Each application for a taxicab owner’s permit shall be in writing, duly certified under oath, and it, together with a copy thereof, shall be filed with the permit officer.

D. Fees. All applications for a taxicab owner’s permit shall be filed with the permit officer and shall be accompanied by a nonrefundable fee in an amount established by city council resolution. Renewal applications for a taxicab owner’s permit shall also be filed with the permit officer. The fees provided for in this chapter are in addition to, and not in lieu of, the business license taxes assessed pursuant to Chapter 5.04.

5.40.040 Owner’s Permit Application – Annual Permit Renewal.

A. An application for a taxicab owner’s permit under this chapter shall be made upon such forms as may be prescribed by the permit officer, and shall contain at a minimum:

1. The name(s), residence and business addresses of the applicant, including all members of any firm or partnership, or all officers and directors of any corporation, applying;

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2. The trade or other fictitious business name, if any, under which the applicant does business or operates, and/or proposes to do business or operate;

3. The training and experience of each applicant in the business, operation and service of transportation of passengers;

4. A description of each taxicab which will be operated as part of the owner’s taxicab business, operation or service, including the make, model, year of manufacture, vehicle identification number, current state license number, length of time the taxicab has been in use, and the color scheme, insignia, name, taxicab number, and monogram or other emblem to be used to designate each taxicab;

5. Proof of insurance meeting the requirements of Section 5.40.080 of this chapter;

6. A certificate indicating that each taxicab has been inspected by a facility authorized by the state of California and confirming that each taxicab has operational brakes, safety restraints, interior lighting, exterior lighting, doors and windows, and that the vehicle is in a safe mechanical condition;

7. Evidence that the owner or driver is the registered owner of each taxicab to be operated under the owner’s permit, or that the owner or driver has a legal right to possession of such vehicle pursuant to a lease or rental agreement;

8. A list of all other jurisdictions in which the owner is currently permitted or licensed to operate each taxicab or where the owner currently has a permit or license application pending to operate each taxicab;

9. Whether or not any owner’s permit held by the applicant(s) has or have been revoked by the city or any other jurisdiction, and if so, the circumstances of such revocation(s);

10. The past criminal record of the applicant;

11. A list of all drivers operating the owner’s taxicabs;

12. A certificate of accuracy from the Santa Clara County Department of Weights and Measures for all taximeters in taxicabs to be operated by the owner or his or her agent, lessee, or employee, obtained within one year of the application;

13. A written customer complaint policy setting forth the procedure that the owner will employ to receive, investigate and resolve customer complaints concerning taxicab service. The policy shall be in a form that will be made available to members of the public;

14. Mandatory controlled substance certification from an authorized testing facility or provider as required by Section 5.40.130 of this chapter; and

15. Any other information, which the permit officer may deem necessary in support of the public health, safety and welfare.

B. Completed applications for a taxicab owner’s permit shall be filed with the permit officer who shall conduct a background investigation of each owner and make a written determination whether to grant or deny the owner’s permit within ninety days after the filing of the application, or as soon thereafter as is reasonably possible.

C. Unless earlier suspended or terminated as provided in this chapter, each permit shall be in effect for one year and shall be renewed only upon the filing by the permit holder, and approval by the permit officer, of a permit renewal application, which shall contain the same information and be reviewed on the same bases as an original application.

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D. The sale or transfer of a company will require the new owner to apply for a new permit in accordance with this chapter.

E. If the taxi service for which a permit is granted under this chapter is discontinued for a period of forty -five days, any permit granted under this chapter shall be automatically cancelled and shall be reissued only by a new application in accordance with the provisions of this chapter.

5.40.050 Denial of Owner’s Permit Applications.

A. The permit officer may deny any owner’s permit application on any of the following grounds:

1. There is a reasonable cause rendering the proposed operation undesirable or inadequate for the city;

2. The application fails to satisfy any of the requirements set forth in Section 5.40.040.

3. The vehicle proposed to be operated is inadequate or unsafe, or it appears that the applicant lacks the financial ability to provide the proposed service in a safe and continuous manner;

4. The applicant has been convicted of a felony or the violation of a narcotic law or any penal law involving moral turpitude; or has been found to have violated the provisions of this chapter; or has been convicted of committing or attempting to commit any type of consumer fraud or unfair practices; or has had a similar permit revoked in any city, county or state for cause; or has been found to have violated this code.

5. The proposed name of the company, color scheme or characteristic insignia will tend to confuse the identification of the vehicles proposed to be operated with those of another owner operating in the city; or

6. The owner has failed to provide required information, omitted relevant information, or provided false information on the written application or otherwise during the application process.

7. The applicant has failed to pay when due all applicable fees and taxes imposed by the city.

5.40.060 Additions and substitutions.

A. Any owner holding a permit to operate one or more taxicabs, as provided in this chapter, who desires to add to the number of such vehicles shall do so only upon obtaining permission from the permit officer, which shall be granted only upon application made in the same manner and under the same proceedings as are required in this chapter for obtaining a new permit.

B. Any owner holding a permit to operate one or more taxicabs, as provided in this chapter, who desires to substitute a different vehicle for a vehicle operated under such permit, shall do so only upon obtaining permission from the permit officer, which shall be granted only upon written application setting forth the particulars of such proposed substitution, and upon otherwise complying with the requirements of this chapter.

C. The permit officer shall have the same authority in granting or denying such application for permission to add or substitute a vehicle as is prescribed in this chapter for granting or denying an owner’s permit application.

5.40.070 Liability Insurance Policy.

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A. It is unlawful for any owner to drive or operate, or cause or permit to be driven or operated, any vehicle for hire in the city unless such owner has filed with the Campbell police department applicable written insurance certificate(s) and endorsements, as specified in this chapter and by the permit officer, evidencing that any and all vehicles for hire which may be driven or operated under any permit granted to such owner, and all liability for bodily injury and property damage relating to the taxicab business, operation or service are covered under liability policy(ies) which satisfy the requirements in this chapter.

B. Insurance policies shall be submitted to the permit officer for approval prior to issuance of a taxicab owner’s permit. The liability policies shall be issued by responsible and solvent corporations authorized to issue insurance policies under the laws of the State of California. The certificates and endorsements shall confirm that the policies are in full force and effect at all times for any occurrences during the permit period.

C. Any cancellation of the policy by the insurance company or the owner of the company without immediate replacement by the owner may result in a suspension or revocation of the taxicab owner’s permit. The Campbell police department shall be listed on the insurance document as the certificate holder. The falsification of any insurance certificate by or on behalf of any taxicab owner or the failure to maintain the required liability insurance coverage in full force and effect at all times shall be grounds for revocation of the taxicab owner’s permit.

5.40.080 Insurance Requirements.

A. The holder of a taxicab owner’s permit, at taxicab owner’s sole cost and expense, shall obtain and maintain throughout the term of the taxicab owner permit, or any renewal thereof, the insurance requirements as may be required by city and any laws of the State of California.

B. The insurance requirements shall be referred to in and made a part of the application for a taxicab owner’s permit. The permit officer shall notify in writing all applicants or holders of taxicab owner’s permit of any modifications of the insurance requirements.

C. All policies and coverages required by this section are subject to approval by the risk manager as to content and form. No permit newly issued or renewed shall be valid until such approval is issued in writing by the risk manager.

D. A true, certified and correct copy of the entire policy, including copies of all endorsement made a part thereof, shall be mailed to the Risk Manager, City of Campbell, 70 N. First Street, Campbell, California 95008, directly from the authorized agent, broker or insuring company for each policy required under this chapter. All policies shall be on file and effective at the time the taxicab owner’s permit is issued or renewed.

E. If at any time the entire insurance policy or any portion thereof expires without immediate proof of renewal, the taxicab owner’s permit shall be immediately suspended. The permit officer is hereby authorized to enforce such suspension upon receiving written notice from the risk manager that no proof of renewal or reinstatement has been submitted by the holder of a taxicab owner permit.

F. If at any time in the judgment of the risk manager and/or the permit officer, said policies or coverages are not sufficient for any cause or reason, the risk manager and/or the permit officer may require the holder of a taxicab owner permit to replace said policies or coverages within ten business days with other policies or coverages acceptable in accordance with this section. If the holder of a taxicab owner permit fails to do so, the taxicab owner permit shall be automatically suspended at the expiration of the ten-day period until such time as said policies or coverages are properly replaced.

G. The taxicab owner’s permit issued under this chapter shall be automatically revoked upon the cancellation of the insurance policies or coverages required under this section. The reinstatement of insurance policies or coverages

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after a third cancellation within a twelve-month period shall not obligate the city to renew the taxicab owner permit upon request to do so.

H. Prior to the issuance of a taxicab license, and at the annual renewal thereof, the applicant or holder of a taxicab license shall submit to the risk manager a signed agreement to indemnify, hold harmless and defend the City of Campbell, its officers, employees and agents, in a form approved by the city attorney.

5.40.090 Driver’s permit.

A. It is unlawful for any driver to operate any vehicle for hire in the city without a valid permit to do so as provided in this chapter.

B. The police department shall administer the application process for taxicab drivers’ permits.

C. Each application for a driver’s permit shall be in writing, duly certified under oath, and it, together with a copy thereof shall be filed with the permit officer.

D. All applications for a driver’s permit shall be accompanied by a nonrefundable fee in an amount established by city council resolution. Renewal applications for a driver’s permit shall also be filed with the permit officer. The fees provided for in this chapter are in addition to, and not in lieu of, the business license taxes assessed pursuant to Chapter 5, if applicant is to be engaged under contract by the taxicab owner as an independent contractor and is not an employee.

5.40.100 Driver’s Permit Application – Annual Permit Renewal.

A. An application for a taxicab driver’s permit under this chapter shall be made upon forms prescribed by the permit officer, and shall contain at a minimum:

1. The name, current address and telephone number of the applicant;

2. Two passport-size photographs taken within the past three months of the applicant depicting front and side views;

3. Current copies of any and all driver’s licenses issued to the applicant;

4. Submit fingerprint and file such record in the Police Department Bureau of Identification and with city police department;

5. The training and experience of the applicant;

6. The name and address of each of the driver’s employers during the preceding three years;

7. A list of all other jurisdictions in which the applicant is currently permitted or licensed to operate a taxicab or where the driver currently has a permit or license application pending to operate a taxicab;

8. Whether or not a vehicle for hire driver’s permit issued to the driver by the city or any other jurisdiction has ever been revoked and, if so, the circumstances of such revocation;

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9. The name and address of the owner by whom the driver is to be employed or engaged under contract as a taxicab driver;

10. The endorsement by the owner, by whom the applicant is to be employed or engaged under contract as a taxicab driver, on the application stating that the applicant has acquired proficient knowledge of the traffic laws of the State of California and the City of Campbell, and of the streets of the City, and to safely operate a public transportation vehicle in the City;

11. Proof of employment, an offer of employment, an independent contractor agreement, or an application to lease as a taxicab driver within the City of Campbell;

12. Proof of insurance, as required by Section 5.40.080.

13. Mandatory controlled substance certification as required by Section 5.40.130 of this chapter of a current negative test for alcohol and for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations from the driver’s employer. Self-employed independent drivers shall have test results reported directly to the permit officer from an authorized testing facility or provider.

14. Any other information, which the permit officer may deem necessary in support of the public health, safety and welfare.

B. An application shall be deemed incomplete and an application will not be considered by the permit officer until all the information required by subsection A of this section is contained in the applicant’s driver’s permit application.

C. An applicant may meet the requirements of this section by filing with the permit officer, a copy of any application filed with any other California jurisdiction requiring substantially the same information as required by this section, filed within 30 days of the date of the application with the City of Campbell.

D. A valid taxi driver permit issued by the County of Santa Clara, or any of the other cities within Santa Clara County within 30 days of driver’s application to the City of Campbell may be accepted by the permit officer as evidence of compliance with this section.

E. Unless earlier suspended or terminated as provided in this chapter, each permit shall be in effect for one year and shall be renewed only upon the filing by the permit holder, and approval by the permit officer of a permit renewal application, which shall contain the same information and be reviewed on the same bases as an original application.

5.40.110 Denial of Driver’s permit application.

A. The permit officer may deny any driver’s permit application if it is determined that:

1. There are physical, mental or moral deficiencies of the applicant, or a criminal record, which, in the sound discretion of the chief of police or his or her designee, would render such applicant not competent to operate a vehicle for hire;

2. The permit officer, within the permit officer’s sound discretion, determines that the driver is a negligent or incompetent operator of a motor vehicle;

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3. The driver’s license of the applicant has been suspended or revoked or the driver is not in compliance with the provisions of this chapter and/or state or federal regulations governing the operation of a motor vehicle;

4. The driver has received a positive result in any random test for controlled substances or alcohol within the prior twelve calendar months;

5. The granting of such permit would be in violation of any law or would endanger the public health, safety or welfare;

6. The driver is under the age of eighteen; or

7. The driver failed to provide required information, omitted relevant information, or provided false information on the written application or otherwise during the application process.

5.40.120 Termination of driver.

Upon termination of employment or termination of the independent contractor relationship of a taxicab driver:

A. The taxicab driver’s permit shall become immediately void; B. The taxicab driver shall return the driver’s permit to the city within three calendar days of the termination; and
C. The taxicab owner shall notify the city that the driver’s employment has terminated within three calendar days of the termination.

5.40.130 Alcohol and controlled substance testing.

A. No owner’s permit shall be issued or renewed unless the holder at the time of permit issuance or renewal files with the permit officer a certification that the holder maintains a mandatory controlled substance and alcohol testing certification program conforming to Parts 40 and 382 of Title 49 of the Code of Federal Regulations and California Government Code Section 53075.5 for all drivers of vehicles operated under the certificate.

B. No driver’s permit shall be issued or renewed unless the holder at the time of the permit issuance or renewal files with the permit officer certification that the driver of a taxicab operated under the permit has tested negatively for controlled substances and alcohol under a mandatory controlled substance and alcohol testing certification program conforming to Parts 40 and 382 of Title 49 of the Code of Federal Regulations and California Government Code Section 53075.5. Driver permit applicants who tes t positively pursuant to the certification program referenced in this section shall be ineligible to apply again for a driver’s permit during the five -year period following the positive test. Driver permit renewal applicants who have tested positively purs uant to random alcohol/controlled substance testing shall not be eligible to apply for their driver’s permit renewal until they have successfully completed an accredited substance abuse program in accordance with Government Code Section 53075.5.

C. Costs. The taxicab owner shall pay the costs of taking an alcohol/controlled substance test of an employee. The taxicab driver shall pay the costs of taking an alcohol/controlled substance test of a self -employed and independent taxicab driver.

D. Reporting. The written results of the alcohol/controlled substance test of an employee driver or of a self-employed independent driver who has executed a release in favor of the taxicab company shall be delivered to the

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taxicab owner/company. The taxicab owner/company shall immediately forward copies of the written results to the permit officer.

E. Tests from Another Jurisdiction. A test taken to obtain a driver’s permit in another jurisdiction shall be accepted as though conducted as part of the permit renewal process for the City of Campbell for up to one year from the date the test was taken. The prior test shall apply only for purposes of renewing a driver’s permit, so long as the driver has not tested positive thereafter. However, a negative result from a test taken for another jurisdiction shall not satisfy the pre-employment testing requirements to receive an initial permit as imposed by this chapter.

5.40.140 Permit renewal.

Renewal of any permit issued pursuant to this chapter shall require the conformance with all of the requirements of this chapter for original permit applications, except that an owner’s permit may be renewed without a new finding of public convenience and necessity or as otherwise noted. The taxicab owner’s permit and taxicab driver’s permit shall be renewed annually.

5.40.150 Appeals.

Any interested party, including the applicant, may appeal the decision of the permit officer to issue or deny a driver’s permit. The appeal shall be made in writing to the city clerkl within 15 business days of the permit officer’s decision; and shall be heard by the city council. The decision of the city council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.

5.40.160 Permit Suspensions or Revocations.

A. The permit officer shall have the power to suspend or revoke any taxicab owner’s permit or taxicab driver’s permit issued under this chapter for any of the reasons for which an application for such a permit may be denied.

B. If, pursuant to a random drug or alcohol screening test, the holder of an owner’s permit or driver’s permit should test positive, the permit officer, in accordance with Section 5.40.170, shall suspend the permit holder’s permit on an emergency basis. The suspension shall remain in effect until the permit holder has satisfactorily complied with all requirements imposed by the permit holder’s substance abuse professional (SAP). If the same permit holder should subsequently test positive pursuant to a subsequent drug or alcohol screening test, the permit holder’s permit shall be revoked and the permit holder shall be ineligible to again apply for a permit for at least five years following the positive test.

C. Notice. The permit officer may suspend or revoke a taxicab owner’s permit or taxicab driver’s permit only after providing notice to the permit holder and providing reasonable time for compliance; however, the permit officer may summarily revoke a taxicab driver’s permit upon notification from the Department of Motor Vehicles that such driver’s California driver’s license has expired or has been suspended or revoked, or that the driver has been convicted of a crime affecting public health, safety or welfare. If a permit is suspended or revoked, the permit officer shall prepare written findings regarding the reason(s) for the suspension or revocation.

D. Appeals. Any interested party, including the permit holder, may appeal the decision of the permit officer to suspend or revoke an owner’s or driver’s permit. The appeal shall be made in writing to the city clerk within 15 business days of the permit officer’s decision; and shall be heard by the city council. The decision of the city council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6. Except for permits revoked pursuant to Section 5.40.160. B, the permit, which is the subject of an appeal, shall remain in effect pending appeal.

E. Upon service by mail or in person of a final administrative decision ordering suspension or revocation of a taxicab owner’s permit, such owner’s taxicab business, operation and service in the City of Campbell shall cease

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immediately. Upon service by mail or in person of a final administrative decision ordering suspension or revocation of a taxicab driver’s permit, that driver shall immediately cease to drive a taxicab in the City of Campbell and surrender the permit to the permit officer.

F. Nothing herein shall preclude the permit officer’s immediate suspension of a taxicab owner’s permit or a taxicab driver’s permit upon determination by the permit officer that the public health or safety so requires.

G. The permit officer shall determine the length of any suspension or revocation and, in making this determination shall base his or her decision on all extenuating and mitigating factors deemed appropriate including, but not limited to, the nature and gravity of the offense.

5.40.170 Emergency suspension.

A. The permit officer may issue an order suspending a taxicab owner’s permit or a taxicab driver’s permit for a period not exceeding ten days without having conducted a hearing therefore, if the permit officer determines that the continued use of the permit will cause immediate hazard to the public safety, health or welfare.

B. Within ten days of the effective date of the emergency suspension order, the permit officer shall hold a hearing for the owner or driver to show cause why the permit should not be suspended or revoked.

C. The order issued by the permit officer under subsection A of this section shall also contain a notice of the hearing setting forth the date, time and place of the hearing.

D. Emergency suspensions made pursuant to Section 5.402.160.B which are upheld at the show cause hearing shall remain in effect until the permit holder has satisfactorily complied with all requirements imposed by the permit holder’s substance abuse professional (SAP).

5.40.180 Transfer of permits.

Neither a taxicab owner’s permit nor a taxicab driver’s permit issued pursuant to this chapter shall be transferable or assignable in any manner whatsoever.

5.40.190 Rates and Fares.

A. The city council may, but is not required to establish or, once established, amend maximum taxicab rates and fares m by resolution adopted after a duly noticed public hearing.

B. Before any action by the city council is taken to establish or amend maximum rates and fares, each person holding a taxicab owner’s permit issued by the City of Campbell, shall be given 30 days mailed written notice thereof and an opportunity to be heard by the city council.

C. The maximum rate and fare schedule adopted or amended by the city council may include a discount rate and fare schedule for senior citizens.

D. Prior to considering any adjustment to the maximum rate and fare schedule, the city council may require each taxicab owner possessing an owner’s permit to submit for city review an audited financial statement for the prior year’s business operations reflective of income earned and expenses incurred by the taxicab owner which are specifically attributable to the taxicab owner’s taxicab operations as distinguished from other business operations in which the taxicab owner may be engaged. Should a taxicab owner initiate a rate/fare adjustment request, the request shall be in writing, state the basis for the request, and be accompanied by an audited financial statement of the type described in this chapter.

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5.40.200 Accurate taximeter and rate schedule required.

A. Regardless of whether the city council establishes maximum rates or fares, all owners or operators of taxicabs shall register its rates and fares in a schedule filed with the police department. No owner or operator shall charge or receive any other or different fare for the use of such taxicabs than that specified in such fare schedule.

B. The taxicab business, operation or service shall disclose fares, fees, or rates to the customer. A permitted taxicab business, operation or service may satisfy this requirement by disclosing fares, fees, or rates on its Internet Web site, mobile telephone application, or telephone orders upon request by the customer.

C. The taxicab company shall notify the passenger of the applicable rate prior to the passenger accepting the ride for walkup rides and street hails. The rate may be provided on the exterior of the vehicle, within an application of a mobile telephone, device, or other Internet-connected device, or be clearly visible in either print or electronic form inside the taxicab.

D. No taxicab owner shall drive or operate or allow another to drive or operate any of his or her taxicabs unless the taxicab is equipped with an operative and accurate taximeter as determined by the Santa Clara County Department of Agriculture/Weights and Measures.

E. The taximeter shall display the rate charged and the running total of each fare in full view of the passenger compartment.

D. Taximeters shall show compliance with Section 5.40.040.A.12.

5.40.210 Rules of operation and service.

A. Receipt. Every driver shall, upon request, give a correct written receipt upon payment of the fare.

B. Individuals with Disabilities. No driver shall discriminate against individuals with disabilities by actions including, but not limited to, refusing to provide service to individuals with disabilities who can use taxi vehicles, refusing to assist with the stowing of mobility devices, or charging higher fares or fees for carrying individuals with disabilities and their equipment than are charged to other persons.

C. Boarding and Discharge of Passengers. No passenger shall be received or discharged in the roadway, but shall be received or discharged as nearly as possible to the right-hand curb or right-hand side of the roadway where there is no curb, except on one-way streets, where passengers may be discharged at either the right -hand or left-hand curb or right-hand or left-hand side of the roadway where there is no curb.

D. Direct Route. Each driver employed to carry a passenger(s) to a definite point shall take the most expeditious route possible to the passenger’s destination and by which the passenger will be transported safely, considering all factors affecting time and distance.

E. Obstructing Street Traffic. It is unlawful for any driver operating a taxicab to obstruct a street or otherwise impair traffic in the course of receiving or discharging passengers.

F. Identification of Company. The following identification shall be required for each taxicab and taxicab driver permitted to operate under this chapter:

1. The name of the taxicab company shall be affixed on both the driver’s and the passenger’s side of the taxicab in clear lettering of not less than three inches in height and no more than six inches in height;

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2. An individual number for each taxi of the taxicab company shall be affixed on both the driver’s and the passenger’s side, and rear-facing panel of the taxicab in clear lettering of not less than three inches in height and no more than six inches in height;

3. An operating light shall be affixed to the top of the roof, which shall be clearly visible from all sides of the taxicab, and which shall identify the vehicle as a taxicab; and

4. Taxicab drivers shall be in possession of, and have on their person in plain view a photo identification card identifying the taxicab driver by name and taxicab company at all times while on duty. The card shall contain a recent photograph of the driver and shall otherwise be in a form approved by the chief of police.

G. Notification of Drivers. No less often than annually, the owner shall notify all drivers in writing of the rules of operation and service described in this section, and shall obtain a written acknowledgement of receipt of the rules of operation and service.

5.40.220 Violations.

A. It is unlawful and a violation of this chapter to own a taxicab business, or otherwise conduct a taxicab business, operation or service, without a valid taxicab owner’s permit issued by the City of Campbell.

B. It is unlawful and a violation of this chapter to operate a taxicab within the City of Campbell without a valid taxicab driver’s permit issued by the City of Campbell.

Section 16. Campbell Municipal Code Section 5.50.135 (Temporary Uses) is hereby amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:

Approval of a special event permit may also include related activity occurring on private property without being subject to the permit requirements or standards of Chapter 21.45 ( Temporary Use s)pursuant to Chapter 21.54 , (Temporary Use Permits) .

Section 17. Campbell Municipal Code Section 10.08.100 (Sound truck permits.) is hereby deleted in its entirety and noted as Reserved.

Section 18. Campbell Municipal Code Section 21.1 0.030 (Commercial, Office, and Industrial Uses) is amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

21.10.030 Commercial, Office, and Industrial land uses.

The permissibility of land uses in Commercial, Office, and Industrialresidential districts shall be as specified by Table 2-5 (Land Use Table – Commercial, Office, and Industrial Zoning Districts) subject to the operational and locational standards contained in Article 3. Land uses that are listed as (P) are permitted and approved by issuance of a zoning clearance in compliance with Chapter 21.40 (Zoning Clearances). Land uses listed as (AC) may be allowed subject to the approval of an Administrative Conditional Use Permit and land uses listed as (C) may be allowed subject to the approval of a Conditional Use Permit, in compliance with Chapter 21.46 (Conditional use permits). Land uses listed as (N/A) shall not be: (1) permitted; (2) allowed subject to approval of an Administrative Conditional Use Permit or Conditional Use Permit; or (3) prohibited unless otherwise specified. Land uses listed as (X) and those not otherwise listed are prohibited and shall not be allowed. The list of land uses is organized by headers which themselves do not convey an intended land use.

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Table 2-5
Land Use Table — Commercial, Office, and Industrial Zoning Districts

Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
Manufacturing, Processing, and Storage
1 Artisan products, small-scale assembly X P X P P
2 Building material stores/yards X X X X C
3 Chemical products X X X X C
4 Clothing products manufacturing X X X P P
5 Contractor's equipment yards X X X X C
6 Electronics and equipment manufacturing X X X P P
7 Food and beverage product
manufacturing X X X P P
8 Furniture/cabinet shops X X X P P
9 Glass products manufacturing; X X X P P
10 Handicraft industries, small scale assembly X P X P P 11 Laboratories X X X X P
12 Laundries/dry cleaning plants X X X P P
13 Lumber and wood products, including
incidental mill work X X X X P
14 Machinery manufacturing X X X P P
15 Metal products fabrication X X X P P
16 Outdoor storage X X X X C
17 Paper products manufacturing X X X P P
18 Pharmaceutical manufacturing X X X P P
19 Plastics and rubber products X X X P P
20 Printing and publishing X X X P P
21 Recycling facilities - processing facility X X X X C 22 Research and development X X X P P
23 Rug and upholstery cleaning X X X X P
24 Sign manufacturing X X X P P
25 Storage facilities (one facility per every
five thousand people of the population) X X X X C
26 Textile products manufacturing X X X P P
27 Warehousing, wholesaling and
distribution facility, incidental. X X X X P
28 Warehousing, wholesaling and
distribution facility, primary. X X X X P
Recreation, Education, Public Assembly
29 Commercial child day care centers C C C X X Section 21.36.080 30 Commercial schools C C X X X
31 Community/cultural/recreational center C C C X X
32 Golf courses and golf driving ranges X C X X X
33 Libraries, public P P C X X
34 Membership organization facilities X X C X X
35 Miniature golf courses X C X X X
36 Museums, public C C X X X
37 Public assembly uses C C C X C
38 Studios, large C C X C C

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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements

a. When studio uses occupy 10% or less of
the gross non-residential floor area of a
property or shopping center.1

P P X C C

b. When studio uses occupy 20% or less of
the gross non-residential floor area of a
property or shopping center.1

AC AC X C C

c. All others. C C X C C
39 Studios, small C C X C C

a. When studio uses occupy 10% or less of
the gross non-residential floor area of a
property or shopping center.1

P P X C C

b. When studio uses occupy 20% or less of
the gross non-residential floor area of a
property or shopping center.1

AC AC X C C

c. All others. C C X C C
40 Schools—K-12, private C C C X X
41 Schools—K-12, public P P P X X
42 Tutoring centers, large, subject to Section

21.36.243 C C P X X Section 21.36.243

a. When tutoring uses occupy 20% or less
of the gross non-residential floor area of a
property or shopping center.

AC AC P X X

b. All others. C C P X X
43 Tutoring centers, small, subject to Section

21.36.243 C C P X X Section 21.36.243

a. When tutoring uses occupy 20% or less
of the gross non-residential floor area of a
property or shopping center.

AC AC P X X

b. All others. C C P X X
44 Universities/colleges, private C C C X X
45 Universities/colleges, public P P X X X
Retail
46 Alcohol sales, offsite C C X X X Section 21.36.142
47 Alcohol sales, onsite C C X X X Section 21.36.144
48 Alcohol sales, ancillary onsite Section 21.36.145 a. In conjunction with full service
restaurants. AC AC X X X
b. In conjunction with quick service
restaurants or cafes. C AC X X X
c. All others. C C X X X
46 Ancillary retail operations associated with
a lawfully established use which occupy
no more than twenty-five percent of the
use's existing floor area.

X X X X C

49 47 Ancillary retail uses serving industrial uses X X X C C 48 Convenience markets/stores; C C X X X
49 Department stores X C X X X

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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
50 Furniture, furnishings, and equipment
stores (greater than ten thousand square
feet)

C P X X X

51 Furniture, furnishings, and equipment
stores (under ten thousand square feet) C P X X X
50 52 Garden centers/plant nurseries C P X X X
51 53 Gasoline stations C C X X X
52 54
Grocery stores (greater than ten thousand
square feet) C C X X X
a. When the tenant space is less than
20,000 gross square-feet in area. AC AC X X X
b. All others. C C X X X
55 Grocery stores (under ten thousand
square feet) P P X X X
56 Hardware stores (greater than ten
thousand square feet) C C X X X
57 Hardware stores (under ten thousand
square feet) P P X X X
58 Liquor establishments C N/

A X X X
59 Liquor establishments (on-site
consumption only); N/A C X X X
60 Liquor stores C N/

A X X X
61 Liquor stores (off-site consumption only); X C X X X 62 Meat markets P X X X X
63 Music (recordings) stores C C X X X
53 64 Outdoor retail sales and activities X C X X X
54 65 Pet stores C C X X X
66 Pharmacies/drug stores P P X X X
67 Pharmacies/drug stores, with drive-up
service; X C X X X
55 68 Retail stores, general merchandise; P P X X X
a. When the tenant space is less than
10,000 gross square-feet in area. P P X X X
b. When the tenant space is less than
20,000 gross square-feet in area. AC AC X X X
c. All others. C C X X X
56 69
Second hand/thrift stores with onsite
acquisition X C X X X
57 70
Shopping centers (greater than ten
thousand square feet) C C X X X
58 71
Shopping centers (under ten thousand
square feet) P P X X X
59 Vending machines P P X X X

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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
72 73 Warehouse retail stores C C X X X
Entertainment
60 74 Arcades C C X X X Section 21.36.030
61 75 Dancing and live entertainment C C X X X
62 76 Drive-in theaters X C X X X
63 77
Indoor amusement
/entertainment/recreation centers X C X X X

a. When the use occupies 10% or less of
the gross non-residential floor area of a
property or shopping center.1, 2

C P X X X

b. When the use occupies 20% or less of
the gross non-residential floor area of a
property or shopping center.1

C AC X X X

c. All others. C C X X X
64 78 Nightclubs with or without food service X C X X X 65 79
Outdoor
amusement/entertainment/recreation
centers

X C X X X

66 80 Theaters, movie or performing arts X C X X X
General Services
67 81 Adult day care facilities X C X X X
68 82 Automated teller machines (ATM's) P P X X X
69 83 Banks and financial services P P X X X
70 84
Bed and breakfast inns (only in historic
structures) X C X X X
85 Blueprinting shops X P X P P
71 86 Business support service X X X P P
72 87 Cat and dog day care facilities X C X X C
73 88 Cat and dog grooming facilities X C X X C

a. When cat and/or dog care, boarding, or
grooming facilities cumulatively occupy
10% or less of the gross non-residential
floor area of a property or shopping
center.1, 2

C P X X C

b. When cat and/or dog care, boarding, or
grooming facilities cumulatively occupy
20% or less of the gross non-residential

C AC X X C

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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
floor area of a property or shopping
center.1
c. All others. C C X X C
74 89 Cat Boarding facilities X C X X C
75 90 Catering business X X X X C
76 91
Catering business, only when ancillary to a
restaurant P P X X X
77 92 Check cashing X C X X X
78 93 Construction equipment rentals X X X X C
79 94 Dog Boarding facilities X X X X C
80 95 Dry cleaning P P X X X
81 96 Equipment rental establishments X C X X X
82 97 Health/fitness centers C C C C C Section 21.36.095 a. When the tenant space is less than
10,000 gross square-feet in area. AC AC C C C
83 98 Hotel C P X X X
84 99 Laundromats, self-service P P X X X
85 100 Massage establishments X C C X X Section 21.36.270 86 101 Motel C P X X X
87 102 Payday lender X C X X X
88 103 Personal services, general P P X X X
89 104 Personal services, limited X C X X X
90 105 Photocopying P P X X X
91 106 Photography studio/supply shop P P X X X
92 107
Recycling facilities—Reverse vending
machines, other than such machines with
a permit issued pursuant to Section

21.36.245

C C X X X

93 108
Recycling facilities —- large collection
facility, other than such facilities with a
permit issued pursuant to Section

21.36.245.

X X X X C

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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
94 109
Recycling facilities—small collection
facility, other than such facilities with a
permit issued pursuant to Section

21.36.245

C C X X X

95 110
Repair and maintenance, consumer
products P P X X P
96 111 Sign shops X C X X P
112 Spa services C C X X X
97 113 Tanning studios C C X X X
98 114 Veterinary clinics and animal hospitals C C X X C Section 21.36.250 99 115 Video rental stores C C X X X
Motor Vehicles, Trailers, and Watercraft
100
116
Marine sales (new and used),
with/without service facilities X X X X C
101
117
Motor vehicle —-cleaning, washing, and
detailing X C X X C
102
118 Motor vehicle—dismantling X X X X C
103
119 Motor vehicle—leasing X C

X X X C
104
120 Motor vehicle—-oil change facilities X C X X C
105
121 Motor vehicle—painting X X X X C
106
122
Motor vehicle —-parts and supplies (very
limited maintenance/installation) X C X X X
107
123 Motor vehicle—renting X C

X X X C
124 Motor vehicle—-renting and leasing X C X X N/A
108
125
Motor vehicle—repair and maintenance
(minor and major/only within an enclosed
structure)

X X X X C
Section 21.36.140
a. When the tenant space is less than
10,000 gross square-feet in area.2 X X X X AC
b. All others. X X X X C
126 Motor vehicle—repair and maintenance
(minor/only within an enclosed structure). X X X X C
109
127 Motor vehicle—-sales (new and/or used) X C X X C
110
128 Motor vehicle—tune-up X X X X C
111
129 Motor vehicle—tune-up—light duty only X X X X C
112
130 Motor vehicle—window tinting X X X X C

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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
113
131
Trailer sales (with or without service
facilities) X X X X C
Food Services
114
132 Banquet facilities X C X X X
115 Drive-in/drive-in service C C X X X
116
133
Restaurants or cafes, quick servicefast
food (with or without drive-in service); C AC

C X X X
117
134
Restaurants, full service or cafes
(excluding fast food or drive-ins) P P X C C
135 Restaurants with late night activities or
banquet facilities C C X X X
Medical Services
118
136 Ambulance service X P X X P
119
137 Convalescent/rest homes C C X X X
120
138 Hospitals X C X X X
121
139 Medical services, clinics C C C C X

a. When the use occupies 10% or less of
the gross non-residential floor area of a
property or shopping center.1

AC P P C X

b. When the use occupies 20% or less of
the gross non-residential floor area of a
property or shopping center.1

AC AC P C X

c. All others. C C P C X
122
140 Medical services, extended care C C X C X
123
141 Medical services, laboratories X C

P C C C
X

Offices
124
142 Offices, professional; P P P AC AC
125
143 Travel agencies P P X X X
Transportation, Parking, and Communications
126
144 Alternative fuels and recharging facilities AC
C
AC
C
AC
X
AC
X
AC
C

127
145 Broadcast and recording studios C C C C C
146 Light rail lines X X X X P
147 Light rail passenger terminals P P X P P
128
148 Parking lots/structures, public P P C C C
129
149 Radio or television transmitters C C C C C
130
150 Radio stations X C X C C

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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
131
151
Satellite television or personal internet
broadband dishes/antenna (less than 3
feet in diameter)

P P P P P

132
152 Towing services X X X X C Section 21.36.240
133
153 Trucking/freight terminal X X X X P
134
154 Wireless telecommunications facilities
May be allowed in compliance with
CMC Chapter 21.34 (Wireless
Communications Facilities)
Chapter 21.34
Other Uses
135
155 Caretaker/employee housing X C X C C Section 21.36.040 136
156
Emergency shelters; within parcels
depicted by Figure II-63 (Parcels Allowing
Emergency Shelters) of the City of
Campbell Housing Element

P P P P P
Section 21.36.085
137
157
Emergency shelters; outside parcels
depicted by Figure II-63 (Parcels Allowing
Emergency Shelters) of the City of
Campbell Housing Element

C C X C C
Section 21.36.085
138
158
Collection containers, small, subject to
obtaining a permit pursuant to Section

21.36.245

P P X P
X P
Section 21.36.245
139 Collection containers, large X P X P P Section 21.36.245 160 Conversion, commercial converted from
residence C C C X X
161 Conversion, industrial converted from
residence X X X X C
140
162
Government offices and facilities (local,
State or federal) C C C C C
141
163 Late night activities C C C C C
142
164
Drive-through/drive-up service/drive-up
window Outdoor active activities (e.g.,
drive-up windows)

X C X X X

143
165
Outdoor seating, when more than twelve
total seats AC AC X X X
144
166
Outdoor seating, when twelve total seats
or less P P X X X
145
167 Philanthropic collection trailers C C X X X
146
168 Public utility service yards X X X C X
147
169
Public utility structures and service
facilities C C X C C
148
170
Public works maintenance facilities and
storage yards X C X C C

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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
149
171
Sexually oriented business in compliance
with Chapter 5.55 and section 21.35.205
of this Code.

X X X X P
Chapter 5.55 and
Section 21.35.205
150
172 Temporary uses
May be allowed in compliance with
CMC Chapter 21.45 (Temporary
Uses)
Chapter 21.45
173
The use of any building that was
constructed as a residential structure for a
commercial or office use

C C C X X

151
174 Transitional housing C C X X C
152
175
Warehousing, wholesaling and
distribution facility, incidental (less than
fifty percent of floor area);

X X X P X

Expressly Prohibited Uses
153
176
Any business that includes smoking
tobacco on site (e.g., smoking lounges,
hookah lounges, etc.)
X
N/A
X
N/
A
X

N/A X X

154
177
Any use inconsistent with state or federal
law X X X X X
155
178
Any use which is obnoxious or offensive or
creates a nuisance to the occupants or
commercial visitors of adjacent buildings
or premises by reason of the emissions of
dust, fumes, glare, heat, liquids, noise,
odor, smoke, steam, vibrations, or similar
disturbances

X X X X X

156
179 All incineration X
N/A
X
N/
A
X

N/A X X

180
Storage of commercial and industrial
vehicles, except for the purpose of loading
and unloading
X N/

A X X X

181 Storage of industrial vehicles, except for
the purpose of loading and unloading. N/A X N/A X X
182
The storage or warehousing of
merchandise or products in the building or
on the premises, unless otherwise
approved

X X X X X

183 The outdoor storage of merchandise or
products X X X X X
184 The outdoor storage of merchandise or
products, unless otherwise approved. N/A X N/A X X
185
The storage of raw, in process, or finished
material and supplies, and of waste
materials outside of an enclosed building;
N/A N/

A N/A X X

186
The assembly, compounding,
manufacturing, or processing of
merchandise or products, except such as
are customarily incidental or essential to

X X X X X

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Zoning District Map Symbol
# Land Use NC GC PO RD LI Special Use
Requirements
permitted retail commercial and service
uses
187
The use of any building that was
constructed as a residential structure.

Such building is considered
nonconforming and subject to the
provisions of Chapter 21.58
(Nonconforming Uses and Structures)
N/A N/

A N/A X X

(1) When located more than 50-feet from a public right-of-way, as measured from the back of a public sidewalk (or the back of the public curb/pavement of the public right-of-way where a public sidewalk is not present), on a ground-floor where a Tier 1 or Tier 2 requirement is indicated on the Form-Based Zone Map. (2) When located more than 500-feet, as measured between the nearest property lines, from properties with a residential and/or mixed-use land use designation excepting properties with a “General Commercial/Light Industrial” land use designation.

Section 19. Campbell Municipal Code Section 21.11.060.A (Land uses in the Central Business Mixed-Use zoning district) is hereby amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:

A. Land uses in the Central Business Mixed-Use zoning district. The permissibility of land uses, whether on the ground floor, an upper floor, or on all floors, as applicable, shall be as specified by Table 2 -11 (Land Use Table — Central Business Mixed-Use Zoning District), except for land uses in the Winchester Boulevard and East Campbell Avenue Master Plan areas shall be as specified by Table 2-11a (Land Use Table — Master Plan Areas). Land uses that are listed as (P) are permitted and are approved by issuance of a zoning clearance in compliance with Chapter

21.40 (Zoning clearance). Land uses listed as (AC) may be allowed subject to the approval of an Administrative Conditional Use Permit and land uses listed as (C) may be allowed subject to the approval o f a Conditional Use Permit, in compliance with Chapter 21.46 (Conditional use permits). Land uses listed as (N/A) shall not be: (1) permitted; (2) allowed subject to approval of an Administrative Conditional Use Permit or Conditional Use Permit; or (3) prohibited unless otherwise specified. Land uses listed as (X) and those not otherwise listed are prohibited and shall not be allowed. Operational requirements for outdoor merchandise display, outdoor seating, alcohol sales for on-site consumption, and live entertainment are provided further in this chapter.

Table 2-11
Land Use Table — Central Business Mixed-Use Zoning District # Land Use Ground Floor Upper Floors Special Use
Requirements
1 Alcohol sales, offsite C5 X Section 21.36.142
2 Alcohol sales, onsite C5 C Section 21.36.144
3 Alcohol sales, ancillary onsite Section 21.36.145
a. In conjunction with full service
restaurants.

P5 C
b. In conjunction with quick service
restaurants or cafes.

C5 C
c. All others. C C
41 Apartments1 P P
52 Automated teller machines P X
63 Banks and financial services C P
74 Banquet facilities X C

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# Land Use Ground Floor Upper Floors Special Use
Requirements
85 Bed and breakfast inn2 C C
96 Cat and dog day care facilities P C
10 7
Cat and dog grooming facilities P C
11 8
Dancing and/or live entertainment
establishments3
C C
12 9
Hotels C C
13 10
Incompatible activities4 X X
14 11
Late night activities C C
12 Liquor establishments5 C6 C
13 Liquor stores7 C X
15 14
Medical services, clinics X C
16 15
Offices, professional C P
17 16
Outdoor retail sales and activities C X
18 Outdoor seating on private property6 P C
19 Outdoor seating and merchandise display
within the public right-of-way7
P X
20 17
Pedestrian-oriented activities8 P P
21 18
Temporary uses, subject to Chapter 21.45 P P Chapter 21.45 22 19
Wireless Communication Facilities May be allowed in compliance with Campbell Municipal Code Chapter 21.34
(Wireless Communications Facilities)
Chapter 21.34
(1) The ground floor of an apartment building shall be limited to commercial tenant space, parking facilities, and a lobby. Residential units, leasing offices, and recreation spaces shall be restricted to upper floors. (2) Restricted to structures listed on the Historic Resource Inventory and subject to Chapter 21.33 (Historic Preservation)
(3) Except as specified by Section 21.110.060.EF (Standards for live entertainment in the Central Business Mixed-Use Zzoning Ddistrict), which allows certain pedestrian-oriented activities to incorporate live entertainment without a conditional use permit.
(4) "Incompatible Activities" means any land use not identified in Table 2 -11A (Land Use Table) or that incorporates one or more of the following characteristics, as determined by the community development director in compliance with Section 21.02.020.F (Allowable uses of land). • Any use inconsistent with state or federal law;
• Services offered by a "body art" practitioner as governed by California Health and Safety Code sections 119300—119324 (i.e., tattoo parlors and similar uses); • Services offered by a deferred deposit transaction "licensee" as governed by California Financial Code sections 23000—23106 (i.e., payday lenders and similar uses); • Services offered by a "check casher" as governed by California Civil Code sections 1789.30 —1789.38 (i.e., check cashing and similar uses);

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• Services offered by a "pawnbroker" as governed by California Financial Code sections 21000 — 21307 (i.e., pawnshops and similar uses);
• Services offered by a "secondhand dealer" or "coin dealer" as governed by California Business and Professions Code sections 21500—21672 (i.e., secondhand/thrift stores, consignment shops, gold buying, and similar uses);
• Services, goods, or entertainment offered by a sexually oriented business pursuant to Chapter 5.55; • Storage of industrial vehicles;
• Storage or warehousing of merchandise or products unrelated to on -site retail sales; • Outdoor storage of merchandise or products;
• Assembly, compounding, manufacturing or industrial processing of merchandise or products; • Breeding, harboring, raising, or training of animals; • Repair, maintenance, or sale of motor vehicles;
• Service to consumers within a motor vehicle (i.e., drive-through lane, drive-up window, or drive-in service);
• Smoking or vaping of tobacco products (as defined by Chapter 6.11); • Cultivation, processing, sale or dispensing of Cannabis ("marijuana" as defined by Chapter 8.38 and

8.40); or
• All incineration; or
• Emission of dust, fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbance which is obnoxious or offensive or creates a nuisance. (5) Liquor establishments are subject to the findings provided in Section 21.36.115 (Liquor establishments). (56) When clearly ancillary to a pedestrian-oriented activity and meeting the requirements of CMC 21.36.145 B.1.).Except as specified by Section 21.10.060.E (Standards for alcohol sales for on -site consumption in the Central Business Mixed-Use zoning district), which allows certain pedestrian-oriented activities to incorporate an ancillary liquor establishment without a conditional use permit. (7) Liquor stores are subject to the provisions provided in Section 21.36.110 (Liquor Stores). (6) Outdoor seating on private property is subject to the provisions provided in Section 21.36.150 (Outdoor seating)
(7) Outdoor seating and merchandise display within the public right -of-way are permitted as specified by Section 21.11.060.F.
(8) "Pedestrian-Oriented Activities" means any land use or combination of land uses that incorporate all of the following characteristics as determined by the community development director in compliance with Section 21.02.020.F (Allowable uses of land). This definition specifically includes retail stores, grocery stores, personal services, spa services/health spa (excluding massage establishments), full service restaurants, indoor amusement centers, and studios as defined by Chapter 21.72 (Definitions). • Provides or offers food, beverages, retail goods, services, instruction, and/or entertainment to the general public;
• Is open to the general public on a regular basis;
• Is conducted within the interior of a building, except for outdoor displays and outdoor dining areas as allowed by this Chapter;
• Maintains a transparent storefront open to the interior of the business and/or onto a merchandise display (when on the ground floor); and
• Is not otherwise classified as an incompatible activity as defined by this Chapter.

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Section 20. Campbell Municipal Code Section 21.11.060.B (Land uses in the Central Business Mixed-Use zoning district) is hereby amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:

B. Land uses in the Area/Master Plan areas: The permissibility of land uses in the Winchester Boulevard and East Campbell Avenue Master Plan areas on properties with a General Plan land use designation of Central Business Mixed-Use shall be as specified by Table 2-11a (Land Use Table 2-11a -— Master Plan Areas). Land uses that are listed as (P) are permitted and are approved by issuance of a zoning clearance in compliance with Chapter 21.40 (Zoning clearance). Land uses listed as (AC) may be allowed subject to the approval of an Administrative Conditional Use Permit and land uses listed as (C) may be allowed subject to the approval of a Conditional Use Permit, in compliance with Chapter 21.46 (Conditional use permits). Land uses listed as (N/A) shall not be: (1) permitted; (2) allowed subject to approval of an Administrative Conditional Use Permit or Conditional Use Permit; or (3) prohibited unless otherwise specified. Land uses listed as (X) and those not otherwise listed are prohibited and shall not be allowed. The boundaries of the Winchester Boulevard and East Campbell Avenue Master Plans are shown on the City of Campbell Zoning Map, available at the Community Development Department.

Table 2-11a
Land Use Table — Master Plan Areas
# Land Use LAND USES Permissibility
Permissibility
Special Use
Requirements
1 Alcohol sales, offsite C Section 21.36.142
2 Alcohol sales, onsite C Section 21.36.144
3 Alcohol sales, ancillary onsite Section 21.36.145
a. In conjunction with full service restaurants. AC
b. In conjunction with quick service restaurants or cafes except in areas with a Neighborhood Commercial or Neighborhood Commercial Mixed-Use land use designation or subject to the Downtown Alcohol Beverage Policy.

AC
c. All others. C
4 Apartments P
5 Arcades C
6 Banks and financial services C
7 Convenience markets/stores C
8 Dancing and/or live entertainment establishments C
9 Government offices and facilities C
10 Grocery stores C
11 Incompatible activities X1
12 Late night activities C
Liquor establishments C2
Liquor stores C3
13 Medical services, clinics C
14 Nightclubs C2
15 Offices, professional P
16 Outdoor seating on private property, when twelve seats or fewer
P Section 21.36.150
17 Outdoor seating on private property, when more than twelve seats
AC Section 21.36.150
18 Outdoor seating within the public right-of-way X
19 Parking lots/structures, public C
20 Personal services P
21 Public assembly uses C

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# Land Use LAND USES Permissibility
Permissibility
Special Use
Requirements
22 Restaurants, full service or cafes P
23 Restaurants or cafes, quick servicefast food C
Restaurants, standard C
24 Retail stores, general merchandise P
25 Secondhand/thrift stores with onsite acquisition C
Spa Services/Health Spa C
26 Studios, small and large C
27 Temporary uses, subject to Chapter 21.45 P Chapter 21.45 28 Theaters, movie or performing arts, and concert halls C 29 Tutoring centers (small and large) C
30 Wireless Communication Facilities May be allowed in compliance with
Campbell Municipal
Code Chapter 21.34
(Wireless
Communications
Facilities)
Chapter 21.34
(1) See Table 2-11, Note #4 of this Chapter for the definition of "Incompatible activities," excepting as "secondhand dealers" and "coin dealers" as to allow "Secondhand/thrift stores" to reference any "land use not identified" in Table 2-11a of this Chapter rather than Table 2-11 of this Chapter. (2) Liquor establishments are subject to the findings provided in Section 21.36.115 (Liquor establishments). (3) Liquor stores are subject to the provisions provided in Section 21.36.110 (Liquor stores).

Section 21. Campbell Municipal Code Section 21.11.0 60.D. (Standards for alcohol sales for on-site consumption in the Central Business Mixed-Use Zoning District) is hereby deleted in its entirety and noted as (Reserved).

Section 22. Campbell Municipal Code Section 21.36.030 (Reserved) is hereby deleted in its entirety.

Section 23. Campbell Municipal Code Section 21.36.030 (Arcades) is hereby added as follows with underlining (underlining) indicating new text:

21.36.030 Arcades.

A. Purpose. This section provides provisions for the establishment and operation of arcades where they are allowed in compliance with Article 2 (Zoning Districts).

B. Number of arcades permitted. There shall be authorized to be three arcades for every fifty thousand persons residing within the city limits. If the population exceeds fifty thousand persons, there shall be authorized one additional arcade.

C. Operational Standards.

1. Locking or barricading doors. No person shall keep any door or entrance to a n area with an arcade locked, barred or barricaded in such manner as to make it difficult of access or ingress to police officers while two or more persons are present in such room, and no person shall visit or resort to any such locked, barred or barricaded room or place protected in any such manner to make it difficult of access or ingress to police when two or more persons are present.

2. Card tables. No card tables shall be kept, or any card games played or allowed in any facility with an arcade.

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3. Duties of proprietor. It shall be the duty of the proprietor or manager of each arcade or semiarcade to ensure that an adult employee (eighteen years or older) be in charge of the arcade or semiarcade at all times that it is open to the public.

4. Admittance.
a. Any establishment which contains an arcade and which has a primary business of the sale of prepared food products and has a secondary or supplemental business of sale for consumption on the premises of alcoholic beverages shall prohibit the playing of any amusement device after ten p.m. by any person under the age of eighteen years. b. Arcades located in premises not licensed for the sale of alcoholic beverages shall be closed to the public between the hours of twelve midnight and nine a.m. c. Any establishment which contains an arcade and which has a primary business of the sale of alcohol shall prohibit the entry of any person under the age of twenty -one years. d. Minors under the age of eighteen years shall not be allowed to remain in or gain entry to a facility with an arcade after ten p.m. unless accompanied by a parent or guardian.

D. Impounding. Any mechanical amusement device operated or maintained in violation of any law of the state, of any provision of this code, of any conditions upon which a permit or license may be granted, or of any lawful order of the chief of police or such other person who may hereafter be designated is a public nuisance and shall be impounded by the chief of police, and, if any court of competent jurisdiction determines that the device or the use or operation thereof violates or has violated any such laws or ordinance s, conditions or orders, the mechanical amusement device shall be confiscated by the chief of police. Likewise, if any such device is placed, operated or maintained to be operated without a current license, the chief of police may immediately cause the same to be impounded and may not release the mechanical amusement device until a new permit has been obtained in the manner provided for in this chapter for obtaining an original permit.

Mechanical amusement devices impounded under the provisions of this sect ion shall be held for a period of thirty days, and if not redeemed within such period may be destroyed or otherwise disposed of by the chief of police. Any proceeds obtained from the disposal thereof, together with all moneys thereon, shall be deemed forfeited to the city to compensate it for the impounding of such device.

E. Gambling, card tables, and games.

1. Games for value. No person shall permit gambling of any kind or description or playing any amusement device or games whatsoever for money or anything of value within any arcade. Gambling and/or gaming in any business establishment where amusement devices are located will subject the owners of the business establishment, their servants, agents, and employees to prosecution for a misdemeanor, and upon conviction they shall be subject to such fine and imprisonment as provided in this code.

Section 24. Campbell Municipal Code Section 21.36.035 (Bingo) is hereby added as follows with underlining (underlining) indicating new text:

21.36.035 Bingo.

A. Authority. Pursuant to the authority provided in Section 19(c) of Article IV of the State Constitution and Section 326.5 of the Penal Code, the city establishes the following requirements for the conduct of bingo games by nonprofit charitable organizations within the incorporated area of the city.

B. Purpose. This section provides provisions for the establishment and operation of bingo activities where they are allowed in compliance with Article 2 (Zoning Districts) and Chapter 21.45 (Temporary Uses).

C. Operational Standards.

1. Organizations permitted to conduct bingo games. No person, organization or other legal entity shall be permitted to conduct bingo games in the incorporated area of the city unless such persons, organizations or other legal entities are classified as a mobile home park association, senior citizens’ organization, or possess a valid certificate or letter from the franchise tax board and the Internal

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Revenue Service, stating that they are exempted from the payment of the bank and corporation tax by a section of the Revenue and Taxation Code as follows:

23701-a and are described as labor, agricultural, or horticultural organizations; 23701-b and are described as fraternal, beneficiary societies, orders, or organizations;
23701-d and are described as religious, charitable, scientific, literary, education and humanitarian corporations;
23701-e and are described as business leagues, chambers of commerce, real estate boards, and boards of trade;
23701-f and are described as civic leagues, social welfare and employees' organizations;
23701-g and are described as nonprofit pleasure and recreation clubs; 23701-i and are described as voluntary government employees' beneficiary organizations;

2. Minors. No minors shall be allowed to participate in any bingo game.

3. Open to the public. All bingo games shall be open to the public, not just to the members of the organization.

4. Staffing and operation. A bingo game shall be operated and staffed by members of the organization which organized it. Only an organization authorized to conduct a bingo game pursuant to this Section shall operate such game, or engage in the promotion, supervision, or any other phase of such game.

5. No profit, wage, or salary. No person or agent of such person shall receive a profit, wage, salary, or other income from any bingo game authorized by this section, except as a bona fide prize(s) received as a participant in such bingo game.

6. Equipment. All equipment used in the operation of bingo games shall be owned by the organization authorized to conduct such bingo games.

7. Financial interest. No individual, corporation, partnership, or other legal entity, except the organization authorized by permit and license to conduct a bingo game, shall hold a financial interest in the conduct of such bingo game.

8. Separate fund. All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account.

9. Records. Each organization conducting a bingo game shall maintain detailed records of all profits, expenditures, prizes, and other expenses associated with the operation of bingo games. Said records shall be retained for such period of time as required by state and federal law and for a period of three years for purposes of this section.

10. Total value of prizes. The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred and fifty dollars in cash or kind, based or both for each separate game which is held. The total value of prizes may be increased to account for inflation based on the relative increase in the Consumer Price Index (CPI), as published by the United States Bureau of Labor Statistics, using a base month and year of December 1977.

11. Physical presence at bingo game required. No person shall be allowed to participate in a bingo game unless such person is physically present at the time and place at which the bingo game is being conducted.

12. Frequency and Duration. An organization shall not conduct a bingo game for a period exceeding six hours per day, or with a frequency of more than twelve times per year.

13. Filing of annual report. At the end of each year, each organization conducting bingo games shall file a report made under penalty of perjury with the city clerk indicating the total amount of money received from the operation of the bingo games in the previous year and the total amount paid out in prizes.

D. Location. An organization authorized to conduct bingo games shall conduct such games only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. Noth ing in this section shall be construed to require that the

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property owned or leased by the organization be used or leased exclusively by such organization. No bingo game shall be conducted by any organization or other legal entity on any property owned or controlled by any organization or other legal entity on any property owned or controlled by the city, unless the City Manager or designee has specifically approved the use of city property.

E. Investigation. The chief of police shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game.

F. Compliance with State Law. The provisions of this Section are not intended to conflict with, but shall supplement, all laws of the state relating to lotteries, gaming, and/or gambling.

Section 25. Campbell Municipal Code Section 21.36.142 (Offsite alcohol sales) is hereby added as follows with underlining (underlining) indicating new text:

21.36.142 Offsite alcohol sales.

This section provides provisions for the establishment and operation of facilities with offsite alcohol sales, where they are allowed in compliance with Article 2 (Zoning Districts), except for property located within an overlay/combining zoning district subject to a master use permit authorized by Section 21.14.030.C (Mas ter use permit) and activities authorized by Chapter 21.45 (Temporary Uses):

A. Location. All facilities with offsite alcohol sales shall meet the following location requirements:

1. Proximity to sensitive receptors. All facilities with offsite alcohol sales, except grocery stores, shall be separated from a park, playground, or school a minimum distance of 300 feet as measured between the nearest property lines.

2. Proximity to other establishments. All facilities with offsite alcohol sales, except grocery stores, shall be a minimum of 500 feet from another such use, either within or outside the city.

3. Proximity to payday lenders. All facilities with offsite alcohol sales, except grocery stores, shall be a minimum of five hundred feet from any payday lender, either within or outside the city.

B. Required findings. The decision-making body shall make the following findings, in addition to any other findings required, prior to the establishment of a facility with onsite alcohol sales:

1. The establishment will not significantly increase the demand on city services; and

2. The establishment will be consistent with the Downtown Alcohol Beverage Policy, when applicable.

Section 26. Campbell Municipal Code Section 21.36.144 (Onsite alcohol sales) is hereby added as follows with underlining (underlining) indicating new text:

21.36.144 Onsite alcohol sales.

This section provides provisions for the establishment and operation of facilities with onsite alcohol sales, where they are allowed in compliance with Article 2 (Zoning Districts), except for property located within an overlay/combining zoning district subject to a master use permit authorized by Section 21.14.030.C (Master use permit) and activities authorized by Chapter 21.45 (Temporary Uses):

A. Required findings. The decision-making body shall make the following findings, in addition to any other findings required, prior to the establishment of a facility with onsite alcohol sales:

1. The establishment will not result in an over concentration of another such use in the surrounding area;

2. The establishment will not significantly increase the demand on city services; and

3. The establishment will be consistent with the Downtown Alcohol Beverage Policy, when applicable.

Section 27. Campbell Municipal Code Section 21.36.14 5 (Onsite alcohol sales, ancillary) is hereby added as follows with underlining (underlining) indicating new text:

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21.36.145 Onsite alcohol sales, ancillary.

This section provides provisions for the establishment and operation of facilities with ancillary onsite alcohol sales, where they are allowed in compliance with Article 2 (Zoning Districts), except for property located within an overlay/combining zoning district subject to a master use permit authorized by Section 21.14.030.C (Master use permit) and activities authorized by Chapter 21.45 (Temporary Uses):

A. Required findings. The decision-making body shall make the following findings, in addition to any other findings required, prior to the establishment of a facility with ancillary onsite alcohol sales when a permit, other than a zoning clearance, is required by Title 21 (Zoning):

1. The establishment will not significantly increase the demand on city services; and

2. The establishment would be consistent with the Downtown Alcohol Beverage Policy, when applicable.

B. Facility types.

1. “Full service restaurants” or “Quick service restaurants or cafes”, in compliance with Chapter 21.72 (Definitions), when all of the following requirements are satisfied:
a. The business does not sell alcohol, other than beer and wine, for onsite consumption. b. The business does not sell alcohol, of any kind, for offsite consumption. c. The business has obtained, and shall maintain in good standing, a Type 41 (On-Sale Beer & Wine – Eating Place) license issued by the California Department of Alcoholic Beverage Control. d. The business does not incorporate a separate bar area, defined as a separate area, tables, or a room intended primarily for serving alcoholic beverages.
e. A full-service menu is available during all hours, and at all locations within the business, where alcohol is served.

Section 28. Campbell Municipal Code Section 21.36.110 (Liquor stores) is hereby deleted in its entirety and noted as Reserved.

Section 29. Campbell Municipal Code Section 21.36.115 (Liquor establishments) is hereby deleted in its entirety and noted as Reserved.

Section 30. Campbell Municipal Code Section 21.36.140 (Motor vehicle repair facilities) is hereby amended to read as follows with underlining ( underlining) indicating new text and strikeouts (strikeouts) indicating deleted text.

21.36.140 Motor vehicle repair facilities.

This section provides locational and operational standards for the establishment of motor vehicle repair facilities, in compliance with Article 2, (Zoning Districts), which shall be subject to the following criteria and standards.

A. The motor vehicle repair facility shall provide adequate vehicular circulation to ensure free ingress and egress, and safe and unimpeded on-site circulation.

B. All work shall be performed within a fully enclosed structure.

C. Structures shall be sufficiently soundproofed to prevent a disturbance or become a nuisance to the surrounding properties.

D. Artificial light shall be designed to reflect away from adjoining properties.

E. Screening and buffering.

1. A six-foot high solid masonry wall shall be maintained along the exterior boundaries of the motor vehicle repair facility, excluding the front yard setback area, those locations approved for ingress and egress, and areas adjoining a street, other than an alley.

2. All damaged or wrecked motor vehicles awaiting repair shall be effectively screened from view from any public street or highway, or adjoining properties, by a six-foot high decorative masonry wall or other opaque material approved by the community development director.

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F. Motor vehicles associated with the subject use shall not be parked or stored on a public street or alley.

G. Motor vehicles shall not be stored at the site for purposes of sale (unless the use is also a vehicle sales lot).

H. Noise from bells, loudspeakers, public address systems, or tools shall not be audible from residentially zoned or occupied parcels between the hours of seven p.m. and seven a.m. on weekdays and Saturdays, and before ten a.m. and after seven p.m. on Sundays and nationally recognized holidays.

I. Service bay doors shall not directly face or be viewable from adjoining public rights -of-way or a residential development or zoning district.

J. Residential uses shall not be allowed on a site containing a motor vehicle repair facility.

K. Vehicle Identification. Motor vehicle repair facilities established on, or after, the effective date of this Section

21.36.140.K., shall be required to identify vehicles awaiting or undergoing repair with a label on the dash of every vehicle. The size of the label shall be a half letter size (5.5 inches by 8.5 inches) or greater.

L. Vehicle Ledger. Motor vehicle repair facilities established on, or after the effective date of this Section

21.36.140.L., shall be required to keep a ledger of all vehicles under their care, and make the list available to City staff on request. The list shall be used to confirm if vehicles under the care of the operator are parked in the street and/or not appropriately identified on the premises.

Section 31. Campbell Municipal Code Section 21.36.243 (Tutoring centers) is hereby amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:

21.36.243 Tutoring centers.

This section provides provisions for the operation of locational and operational standards for 'tutoring centers, large' and 'tutoring centers, small' (hereinafter collectively referred to as 'tutoring centers') where they are allowed in compliance with Article 2, (Zoning Districts):

A. Location. Tutoring centers shall satisfy all of the following standards:

1. The tenant space is located in a professional office and/or medical service building (e.g. the space does not have storefront windows, clear-span interiors, or service areas typically associated with a retail store);

2. The tenant space has not been occupied by a retail store in the past twelve months; and

3. The tenant space is located in an area without high pedestrian/vehicle visibility and access.

A.B. Operation. Tutoring centers established on or after April 19, 2019 (the effective date of City Council Ordinance No. 2240)the effective date of this ordinance, regardless of zoning district, shall abide by the following standards:

1. Appointment only. Instruction shall be provided by appointment only and scheduled at least one -day in advance of the instruction;

2. Outdoor activities. All instructional activity shall occur within the interior of the tenant space; and

3. Noise. Sound generated within the tenant space, regardless of decibel level, shall not create unreasonable noise which obstructs the free use of neighboring businesses or residences. Further, doors shall be kept closed at all times instruction is provided.

Section 32. Campbell Municipal Code Section 21.45.030 (Exemptions) is hereby amended to read as follows with underlining ( underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:

21.45.030 Exemptions

This Chapter shall not apply to the following:

1. Special events approved by the City Council pursuant to Chapter 5.50, (Special Events Permit);

2. Property located within an overlay combining zoning district subject to a master use permit authorized by Section 21.14.030.C (Master use permit);

3. Private events not open to the general public occurring entirely within the interior of a commercial establishment, conducted in compliance with an existing City land use permit;

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4. Fundraising and commercial activities conducted by minor children (e.g., cookie sales, lemonade stands, etc.);

5. Non-Commercial speech activity protected by the United States or California constitutions (e.g., the distribution of political or religious materials, initiative/petition signings, voter registration drives, etc.); and

6. Entertainment performances conducted on publicprivate property (e.g., busking, "First Friday" musical performances, etc.), provided that such performances do not constitute a public nuisance as defined by Section

6.10.020 (Nuisance conditions).

Section 33. Campbell Municipal Code Section 21.45.040.A. (Allowed uses) is hereby amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:

A. Allowed uses. The following temporary uses are permitted by right without the need to obtain a temporary use permit and without cost, when located on a non- residentially zoned private property, in compliance with Article 2, (Zoning Districts), subject to the specified general standards.

1. Activity occurring on private property in association with a special event permit approved pursuant to Chapter

5.50, (Special Events Permit);

2. Beer and wine festivals/walks occurring within the CB-MU Zoning District, held by a chamber of commerce or incorporated business association, and subject to issuance of a Daily (Special One -day Event Permit) from the California Department of Alcoholic Beverage Control;

3. Bingo in compliance with CMC 21.36.035 (Bingo);

4.3. Blood drives;

5.4. Grand opening and ribbon cutting events sponsored by a chamber of commerce;

6.5. Halloween pumpkin sales lots occurring from September 1st to October 31st;

7.6. Holiday tree sales lots occurring from November 1st to December 25th;

8.7. Parking lot/sidewalk sales conducted by an on-site retail business, provided that no more than five parking stalls are utilized for a period of no more than six hours;

9.8. Placement of on-site construction trailers on a property subject to an active building permit;

10.9. Placement of up to two cargo containers on a property subject to an active building permit;

11.10. Sales offices located on a property subject to an active building permit; and

12.11. Social and/or fundraising events conducted on the property of a public assembly use (as defined by section 21.72.020.p) for a period not exceeding six hours, provided that such events do not occur more than twelve times per year.

Section 34. Campbell Municipal Code Section 21.72.020.A (Definitions, “A.”) is hereby amended to add the definition of “Alcohol sales, offsite”, after the definition of “Adult day care facilities”, with underlining (underlining) indicating new text as follows:

"Alcohol sales, offsite" or “Offsite alcohol sales” means a retail activity that involves the selling of alcoholic beverages for consumption off the premises. Retail activities that involve offsite alcohol sales shall comply with the provisions of Section 21.36.142 (Offsite alcohol sales) and may include, but are not limited to, the following land use types:

1. Breweries;

2. Convenience markets/stores;

3. Distilleries;

4. Grocery stores;

5. Liquor stores; and

6. Wineries.

Section 35. Campbell Municipal Code Section 21.72.020.A (Definitions, “A.”) is hereby amended to add the definition of “Alcohol sales, onsite”, after the definition of “Alcohol sales, offsite”, with underlining (underlining) indicating new text as follows:

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"Alcohol sales, onsite" or “Onsite alcohol sales” means a retail activity that involves the selling of alcoholic beverages for consumption on the premises. Retail activities that involve onsite alcohol consumption shall comply with the provisions of Section 21.36.144 (Onsite alcohol sales) and may include, but are not limited to, the following land use types:

1. Arcades;

2. Banquet facilities;

3. Bars;

4. Breweries;

5. Community/cultural/recreational center;

6. Distilleries;

7. Golf courses and golf driving ranges;

8. Indoor amusement/entertainment/recreation centers;

9. Hotels;

10. Motels;

11. Nightclubs;

12. Outdoor amusement/entertainment/recreation centers;

13. Public assembly uses;

14. Restaurants, full service;

15. Theaters, movie or performing arts; and

16. Wineries.

Retail activity meeting the definition of "Alcohol sales, ancillary onsite" are excluded from this definition.

Section 36. Campbell Municipal Code Section 21.72.020.A (Definitions, “A.”) is hereby amended to add the definition of “Alcohol sales, ancillary onsite” or “Ancillary onsite alcohol sales”, after the definition of “Alcohol, offsite sales”, with underlining (underlining) indicating new text as follows:

"Alcohol sales, ancillary onsite" or “Ancillary onsite alcohol sales” means a retail activity that involves the selling of alcoholic beverages for consumption on the premises meeting the requirements of one of the facility types identified by Section 21.36. 145.B. (Facility types ). Retail activities meeting this definition are excluded from the definition of “Alcohol sales, onsite.”

Section 37. Campbell Municipal Code Section 21.72.020. A (Definitions, “ A.”) is hereby amended to add the definition of “ Amusement device”, after the definition of “ Ambulance service”, with underlining (underlining) indicating new text as follows:

"Amusement device" means a piece of equipment or a mechanism designed for the purpose of entertaining or creating a game for a person or persons to play. Examples of amusement devices include, but are not limited to, arcade video games, electro-mechanical games, air hockey tables, photo booths, and pinball machines.

Merchandiser games (i.e., claw machines) and similar devices where an award is given in exchange for money are not included in this definition.

Section 38. Campbell Municipal Code Section 21.72.020.A (Definitions, “A.”) is hereby amended to add the definition of “Ancillary onsite alcohol sales”, after the definition of “Amusement device”, with underlining (underlining) indicating new text as follows:

“Ancillary onsite alcohol sales.” See “Alcohol sales, ancillary onsite.”

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Section 39. The definition of “Ancillary retail uses serving industrial uses” in Campbell Municipal Code Section 21.72.020.A (Definitions, “A.”) is hereby amended with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:

"Ancillary retail uses serving industrial uses" means the retail sales of various products within an industrial area for the purpose of serving the employees and businesses and/or ancillary retail operations associated with an industrial use which occupy no more than twenty-five percent of the uses existing floor area.

Section 40. The definition of “Arcade s” in Campbell Municipal Code Section 21.72.020.A (Definitions, “A.”) is hereby amended with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:

"Arcades" means establishments providing three or more amusement devicesarcade machines within an indoor amusement and entertainment facility. Two or less amusement devicesarcade machines are not considered a land use separate from the primary use of the site. This land use does not include arcade games or other activities located within private entertainment facilities.

Section 41. Campbell Municipal Code Section 21.72.020.B (Definitions, “B.”) is hereby amended to add the definition of “Bingo”, after the definition of “ Beer and wine festivals/walks”, with underlining (underlining) indicating new text as follows:

"Bingo" means a game of chance in which prizes are awarded on the basis of designated letters, numbers, or symbols on a card which conform to letters, numbers, or symbols selected at random. Bingo activities are subject to the requirements of Section 21.36.035 (Bingo.)

Section 42. The definition of “Blueprinting shop” in Campbell Municipal Code Section

21.72.020.B (Definitions, “B.”) is hereby amended with underlining ( underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:

"Blueprinting shop" means an establishment primarily engaged in reproducing text, technical drawings, architectural plans, maps, or other images by blueprinting, photocopying, or other methods of duplication. This use is included in the definition of “Printing and publishing”. Does not include printing and publishing services ("printing and publishing") or other business support services ("business support services").

Section 43. The definition of “Convenience markets/stores” in Campbell Municipal Code Section 21.72.020.C (Definitions, “C.”) is hereby amended with underlining ( underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:

"Convenience markets/stores" means an establishment that includes the retail sale of shelf stable food, beverages, and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a relatively small building; but excluding delicatessens and other specialty food shops and also excluding establishments which have a sizeable assortment of fresh fruits and vegetables and fresh-cut meat. A minor portion of the food sold onsite may be perishable (e.g., coffee, hotdogs, slushies, snacks,) when prepared for immediate consumption (i.e., the sale of raw meat is prohibited).

These stores are included in the definition of “Retail stores, general merchandise” and excluded from the definition of “Grocery stores”. can be part of a gasoline station or an independent facility.

Section 44. The definition of “Liquor establishments” in Campbell Municipal Code Section

21.72.020.L (Definitions, “L.”) is hereby deleted in its entirety.

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Section 45. The definition of “Liquor stores” in Campbell Municipal Code Section

21.72.020.L (Definitions, “L.”) is hereby amended with strikeouts ( strikeouts) indicating deleted text as follows.

"Liquor stores" means a retail activity that is primarily devoted to the selling of alcoholic beverages, including beer and wine, for consumption off the premises. Liquor stores shall comply with the provisions of Section 21.36.110.

Section 46. The definition of “Grocery stores” in Campbell Municipal Code Section

21.72.020.G (Definitions, “G.”) is hereby amended with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:

"Grocery stores" means an establishment which sells perishablestaple food items (e.g., meat, eggs, dairy products, fruits, vegetablescoffee, sugar, flour, etc.). Grocery stores may also sell and usually meats and other foods (e.g., fruits, vegetables, dairy products, etc.) and household staples and supplies (e.g., soap, matches, paper napkins, etc.); a minor portion of the food sold may be processed on site (e.g., deli or bakery services). Food stores specializing in a single type of these items (e.g., candy stores, produce only shops, coffee and tea shops, etc.) are not classified as grocery stores. Grocery stores include delicatessens and meat markets, but do not include uses meeting the definition of “Convenience markets/stores”.

Section 47. The definition of “Outdoor “active” activities” in Campbell Municipal Code Section 21.72.020.O (Definitions, “O.”) is hereby deleted in its entirety.

Section 48. The definition of “Printing and publishing” in Campbell Municipal Code Section

21.72.020.P (Definitions, “P.”) is hereby amended with underlining ( underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:

"Printing and publishing" means establishments engaged in printing by gravure, letterpress, lithography, offset, screen, or other common process, including electrostatic (xerographic) copying and other "quick printing" services; and establishments serving the printing trade including bookbinding, electrotyping, engraving, photoengraving, silk screening, and typesetting. This use also includes establishments that publish books, newspapers, and periodicals; and establishments manufacturing business forms and binding devices. Printing and publishing establishments also include “Blueprinting shops”.

Section 49. The definition of “Restaurants” in Campbell Municipal Code Section

21.72.020.R (Definitions, “R.”) is hereby amended with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:

Restaurants.

1. Restaurants, drive-through. (See "drive-through/drive-up service/drive-up window").

2. Restaurants, drive-in. (See "Drive-in/drive-in service").

3. "Restaurants or cafes, quick servicefast food" or “restaurants, fast casual” or “fast casual restaurants” or “quick service restaurants or cafes” means establishments whose primary business is the sale of food and beverages to customers for consumption on-site or off-site. This type of restaurant provides onsite seating and typically includes the following operational characteristics:
• High turnover rates for eat-in customers (typically less than 40 minutes); • High percentage of carry-out clientele and/or presence of a dedicated food/beverage pickup area;

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• Very limited or no table service;
• Does not accept dining reservations;
• Drink dispensers, condiment bars, and/or t rash disposal areas are provided in locations accessible to customers to accommodate self-service;
• Customers typically order from a menu board or electronic system and pay before receiving food and beverages; and
• Food and beverages are served with disposal tableware.

Customarily less than fifty percent of the total gross floor area is used for customer seating. Interior furnishings include standardized floor plans, stationary seats, and tables. Food is primarily pre-packaged rather than made to order. Plates and cutler y are disposable. Condiment bars and trash disposal are self-service.

4. "Restaurants, full service or cafes" or “Full service restaurants” means establishments whose primary business is the sale of food and beverages to customers for their consumption within the restaurant or restaurant patio area. This type of restaurant provides onsite seating and typically includes the following operational characteristics:
• Low turnover rates for eat-in customers (typically more than 40 minutes); • Low percentage of carry-out clientele and/or lack of a dedicated food/beverage pickup area; • Provides table service;
• Accepts dining reservations;
• Drink dispensers, condiment bars, and/or trash disposal areas are not accessible to customers; • Customers typically order from a menu where they are seated and pay after receiving food and beverages; and
• Food and beverages are served with non-disposal tableware.

Customarily at least fifty percent of the total gross floor area is used for the seating of customers. The restaurant may be open for breakfast, lunch, and/or dinner. Alcoholic beverages and carryout food service are allowed if they are incidental to the p rimary purpose of consumption of food and beverages in the restaurant.

5. "Restaurants, standard" means any establishment whose principal business is the sale of foods, desserts, or beverages to the customer in a ready -to-consume state, and whose design or principal method of operation includes one or both of the following characteristics:
a. Customers, normally provided with an individual menu, are served their foods, desserts, or beverages on tableware by a restaurant employee at the same table or counter at which said items are consumed.
b. A cafeteria -type operation where foods, desserts, or beverages generally are consumed within the restaurant building.

Section 50. The definition of “Retail stores, general merchandise ” in Campbell Municipal Code Section 21.72.020.R (Definitions, “R.”) is hereby amended with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:

"Retail stores, general merchandise" means retail trade establishments selling many lines of merchandise.

These stores and lines of merchandise include:

1. Antiques; Art stores/ galleries;

2. Antiques; Art stores/ galleries;

3. Artists' supplies;

4. Bakeries (retail only);

5. Boat supplies;

6. Beauty supply;

7. Bicycles;

8. Cameras and photographic supplies;

9. Candy stores;

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PLN-2023-175 – Permissibility of Land Uses Page 43 of 45

10. Clothing and accessories;

11. Collectibles;

12. Convenience markets/stores;

13. Department stores;
1412. Drug and discount stores;
1513. Fabrics and sewing supplies;

16. Furniture, furnishings, and equipment stores;

17.14. Florists and houseplant stores (indoor sales only—outdoor sales are "garden centers/plant nurseries");

18.15. Gifts, novelties and souvenirs;

16. Delicatessens;

19.17. Handcrafted items (stores may include crafting preparations subordinate to retail sales);

20. Hardware stores;

21.18. Hobby materials;

22.19. Jewelry;

23.20. Luggage and leather goods;

24. Medical stores;

25. Music (recordings) stores

21. Meat market;

26.22. Newsstands;

23. Orthopedic supplies;

27. Pharmacies/drug stores;

28.24. Photography studio/supply shops;

29. Secondhand/thrift stores without onsite acquisition

30.25. Shoes;

31.26. Small wares;

32.27. Specialty shops;

33.28. Sporting goods and equipment;

34.29. Stationery;

35.30. Toys and games; and

36.31. Variety stores.

Retail stores included in this definition may provide limited indoor seating for customer convenience, provided that no more than 12 seats are provided when the tenant space is less than 10,000 gross square-feet in area.

Section 51. Campbell Municipal Code Section 21.72.020. M (Definitions, “M.”) is hereby amended to add the definition of “Medical stores”, after the definition of “Massage therapy”, with underlining (underlining) indicating new text as follows:

“Medical stores” means a retail store specializing in the sale of medical equipment and devices that also includes related medical services in an ancillary capacity, such as an eyewear store with an on-site optometrist.

This type of retail store is included in the definition of “Retail stores, general merchandise” and excluded from the definition of “medical services, clinics”.

Section 52. Campbell Municipal Code Section 21.72.020. O (Definitions, “ O.”) is hereby amended to add the definition of “ Offsite alcohol sales ”, after the definition of “ Offices, professional”, with underlining (underlining) indicating new text as follows:

“Offsite alcohol sales.” See “Alcohol sales, offsite.”

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PLN-2023-175 – Permissibility of Land Uses Page 44 of 45

Section 53. Campbell Municipal Code Section 21.72.020.O (Definitions, “O.”) is hereby amended to add the definition of “Onsite alcohol sales”, after the definition of “Offsite alcohol sales”, with underlining (underlining) indicating new text as follows:

“Onsite alcohol sales.” See “Alcohol sales, onsite.”

Section 54. The definition of “Secondhand/thrift stores” in Campbell Municipal Code Section 21.72.020. S (Definitions, “ S.”) is hereby amended with underlining ( underlining) indicating new text and strikeouts (strikeouts) indicating deleted text as follows:

"Secondhand/thrift stores with onsite acquisition" means indoor retail establishments that acquire and sell used products onsitebuy and sell used products, including books, clothing, furniture, and household goods. Used products may be purchased, received in donation, or placed in care of the store for consignment. The sale of cars and other used vehicles is included under "Motor Vehicle Sales."

Section 55. Campbell Municipal Code Section 21.72.020.S (Definitions, “S.”) is hereby amended to add the definition of “Secondhand/thrift stores without onsite acquisition”, after the definition of “ Secondhand/thrift stores with onsite acquisition ”, with underlining (underlining) indicating new text as follows:

"Secondhand/thrift stores without onsite acquisition" means indoor retail establishments that sell used products, including books, clothing, furniture, and household goods onsite. This type of retail store does not accept products for sale onsite and is included in the definition of “Retail stores, general merchandise” and excluded from the definition of “Secondhand/thrift stores, with onsite acquisition”. The sale of cars and other used vehicles is included under "Motor Vehicle Sales."

Section 56. The definition of “Spa Services/Health Spa” in Campbell Municipal Code Section 21.72.020.S (Definitions, “S.”) is hereby deleted in its entirety.

Section 57. If any section, sentence, clause, phrase, word , or other provision of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or other provisions of this Ordinance, or the validity of this Ordinance, shall stand notwithstanding the invalidity of any section, sentence, clause, phrase, word or other provision.

Section 58. The proposed Ordinance is exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) as there is no possibility that the proposed changes to the City’s Municipal Code may have a significant effect on the environment.

Section 59. The City Council further finds and determines that the proposed Ordinance is consistent with the goals, policies, and actions of the 2040 General Plan.

Section 60. That this Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, or summary thereof, one time within fifteen (15) days upon passage and adoption in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara.

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Attachment: Ordinance 2306 (Second Reading of Ordinance 2306) City Council Ordinance No. 2306
PLN-2023-175 – Permissibility of Land Uses Page 45 of 45

PASSED AND ADOPTED this _______ day of ________________, 202 4, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

Susan M. Landry, Mayor

ATTEST:

Andrea Sanders, City Clerk

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Attachment: Ordinance 2306 (Second Reading of Ordinance 2306) City
Council
Report
TITLE: Update Vehicle Miles Traveled (VMT) Policy for Consistency with the City's 2040 Envision Campbell General Plan and Program EIR (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution to update the Vehicle Miles Traveled Policy for consistency with the City's 2040 Envision Campbell General Plan and Program Environmental Impact Report.

PURPOSE
The purpose of this item is to update the City’s VMT Policy for consistency with the City’s Envision 2040 General Plan.

BACKGROUND
On August 18, 2020, the City Council adopted Resolution No. 12628 to adopt the City’s Vehicle Miles Traveled (VMT) Policy for evaluating transportation impacts under CEQA.

The VMT Policy (See Attachment B ) includes a series of CEQA Project Screening Criteria whereby development and transportation improvement projects are presumed to have less-than-significant transportation impacts if they meet any of the criteria listed.

The current VMT policy incorporates CEQA Thresholds of Significances whereby projects not screened out with a presumption of less -than-significant impact on VMT based on the screening criteria are to undergo VMT analysis to determine the transportation level of significance.

The General Plan Update (Envision Campbell) Environmental Impact Report analysis included a VMT analysis of the build-out of new development envisioned under the General Plan. The VMT analysis prepared for the Program Environmental Impact Report (EIR) that evaluated the General Plan build-out determined that there would be significant and unavoidable VMT impacts.

On April 18, 2023, the City Council adopted Envision Campbell and certified the Final Programmatic EIR with a Statement of Overriding Considerations in accordance with CEQA.

Item: 7
Category: CONSENT CALENDAR
Meeting Date: April 16, 2024
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DISCUSSION
The Envision Campbell consultant team advised staff that development projects that satisfy each of the following conditions can be presumed to have less than significant transportation impact per CEQA.

1. Proposed project land use is consistent with the General Plan

2. Proposed project land use is within the increment of land use change evaluated in the General Plan EIR by Transportation Analysis Zone (TAZ); and

3. Proposed project is consistent with General Plan VMT policies.

In order to formally implement this approach , staff has identified that these conditions need to be included in the City’s VMT Policy’s Screening Criteria so that it is consistent with the City’s General Plan.

Therefore, staff recommends that the following screening criterion be added to the City’s VMT Policy under CEQA Project Screening Criteria. • Project Consistent with General Plan : Any development where the (1) proposed project land use is consistent with the General Plan; (2) the proposed project land use is within the increment of land use change evaluated in the General Plan EIR by Transportation Analysis Zone (TAZ); and (3) the proposed project is consistent with General plan VMT policies, shall be presumed to have a less - than-significant transportation impact.

Including this new screening criterion would simplify the evaluation of VMT under CEQA by removing any ambiguity on whether a project requires further VMT analysis.

The Proposed Updated VMT Policy is included as Attachment C.

FISCAL IMPACT
No fiscal impact is anticipated.

ALTERNATIVES
Do not authorize the proposed update to the City’s current VMT Policy. This alternative is not recommended. Including the added screening will simplify the evaluation of VMT under CEQA.

Prepared by:

Matthew Jue, Traffic Engineer
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Update Vehicle Miles Traveled (VMT) Policy Page 3 of 3
Reviewed by:

Todd Capurso, Director of Public Works
Approved by:

Angelique Gaeta, Assistant City
Manager
Attachment:
a. Resolution
b. Current VMT Policy
c. Update to VMT Policy
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RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL TO UPDATE THE

VEHICLE MILES TRAVELED TO EVALUATE TRANSPORTATION IMPACTS UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

WHEREAS, on August 18, 2020, the City Council adopted Resolution No. 12628 to adopt the City’s Vehicle Miles Traveled (VMT) Policy for evaluating transportation impacts under CEQA; and

WHEREAS, the VMT Policy includes a series of CEQA Project Screening Criteria whereby development and transportation improvement projects are presumed to have less -than-significant transportation impacts if they meet any the criteria listed; and

WHEREAS, the current VMT policy incorporates CEQA Thresholds of Significances whereby projects not screened out with a presumption of less -than-significant impact on VMT based on the screening criteria are to undergo VMT analysis to determine the transportation level of significance; and

WHEREAS, the General Plan Update (Envision Campbell) Environmental Impact Report (EIR) analysis included a VMT analysis of the Build-out of the General Plan; and

WHEREAS, the VMT analysis determined that the build-out condition would result in significant and unavoidable VMT impacts; and

WHEREAS, on April 18, 2023, the City Council adopted Envision Campbell and certified the Final Programmatic EIR with a Statement of Overriding Considerations in accordance with CEQA; and

WHEREAS, updating the VMT policy to add a criterion to screen projects that are consistent with the General Plan would simplify the evaluation of VMT under CEQA; and

WHEREAS, the proposed update to the VMT policy would deem that a development project (1) whose land use is consistent with the General Plan , (2) whose land use is within the increment of land use change evaluated in the General Plan EIR by Transportation Analysis Zone (TAZ); and (3) which is consistent with General Plan VMT policies can be presumed to have less than significant transportation impact.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell adopt the Update to the VMT Policy (Attachment C to the April 16, 2024 City Council staff report) as the City’s policy for evaluating transportation impacts under CEQA.

PASSED AND ADOPTED this 16th day of April 2024, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:

APPROVED:

Attest: _____________________________
Susan M. Landry, Mayor
__________________________
Andrea Sanders, City Clerk

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Attachment: Resolution [Revision 1] (Update Vehicle Miles Traveled (VMT) Policy) VMT Policy to Comply with California Senate Bill 743 (SB 743)

CEQA Project Screening Criteria

Projects shall be presumed to have a less-than-significant transportation impact if they meet any of the following screening criteria:

 Small Project Screening: Any development that would generate fewer than 110 daily vehicle trips shall be presumed to have a less-than-significant transportation impact.

 Local-Serving Retail Screening: Retail commercial projects comprised of stores of up to 60,000 gross square feet shall be presumed to have a less-than-significant transportation impact.

 Local-Serving Public Facilities Screening: Local-serving public facilities (publicly owned or controlled), excluding private schools, high schools and middle schools, shall be presumed to have a less than significant VMT impact. Examples of these projects include a park, branch library, community or senior center, fire station, and public elementary school.

 Affordable Housing Screening: Projects with 100 percent affordable housing shall be presumed to have a less-than-significant transportation impact on VMT.

 Transit Screening: All land-use projects located within ½-mile of a light-rail station shall be presumed to have a less-than-significant transportation impact on VMT presuming these projects are consistent with the General Plan.

 Screening based on Existing Use: Redevelopment projects that replace existing VMT-generating uses and result in a net decrease in total VMT shall be presumed to cause a less than significant impact. For redevelopment projects that result in a net increase in total VMT, the screening criteria for each land use will be based on the size of the proposed development without any credit for the existing use.

 Transportation Project Screening: Transportation projects that reduce or do not increase VMT shall be presumed to have a less than significant VMT impact.

Examples include transportation projects that enhance pedestrian, bike, or transit infrastructure, and transportation projects that maintain current infrastructure, without adding new automobile capacity.

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Attachment: Current VMT Policy (Update Vehicle Miles Traveled (VMT) Policy) VMT Policy to Comply with California Senate Bill 743 (SB 743)

CEQA Thresholds of Significance

For projects not screened out with a presumption of less-than-significant impact on VMT based upon the above criteria, the following thresholds of significance shall apply to the corresponding project types to determine the transportation impact level of significance:

 Residential Land Use Projects: A proposed project exceeding a level of 15 percent below existing Campbell citywide average VMT per capita shall be presumed to cause a significant transportation impact.

 Office and Retail Land Use Projects: A pr oposed project exceeding a level of 15 percent below existing Campbell citywide average VMT per employee shall be presumed to cause a significant transportation impact.

 Mixed-Use and all other Project Types: Each land use within a mixed-use project, and all other project types, shall be evaluated independently by applying the most appropriate threshold of significance from above to each land use type included in the project, given project-specific information.

 Changing or Adding to Existing Use: Changes of use or additions to existing development that are not screened out will be analyzed based on the significance thresholds for each land use component described above.

 Specific Plan or Other Area Plans: Each land use component will be analyzed independently, applying the significance thresholds listed above for each land use component.

 General Plan Amendments: An increase in VMT per service population (jobs plus residents) over the current adopted General Plan based on an analysis of 2040 horizon year conditions is a significant transportation impact.

 Transportation Projects: A net increase in VMT.

Mitigation of Significant Impacts

Projects that have a significant impact on VMT must either modify the project description to reduce the impact or implement feasible mitigation measures which will avoid or substantially lessen such significant effects. Mitigation measures may include multimodal transportation improvements or travel demand management (TDM) measures to reduce single-occupant vehicle trips.

Applicability of Policy (Pipeline Provisions)

The policy contained herein is effective immediately following approval by the City Council (“Effective Date”) and shall apply to projects under the following provisions:

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Attachment: Current VMT Policy (Update Vehicle Miles Traveled (VMT) Policy) VMT Policy to Comply with California Senate Bill 743 (SB 743)

 Active projects with a draft environmental document circulated prior to July 1, 2020 may proceed with analyzing transportation impacts under the previous City policy, with use of automobile delay-based metrics and thresholds of significance,

 Active projects without a published draft environmental review document as of July 1 shall conduct transportation impact analyses pursuant to this policy using the VMT metrics and thresholds of significance contained herein.

Local Transportation Analysis

All projects, including those screened out from being subject to a detailed CEQA VMT analysis, may be required to prepare a Local Transportation Analysis (LTA) to demonstrate conformance with multimodal transportation system strategies, goals, and policies in the General Plan and address adverse effects to the transportation system. Notwithstanding the use of VMT as the new transportation performance metric, the City will require proposed development projects to implement improvements designed to ensure that the street system operates at an acceptable level where such improvements would not conflict with the City’s multimodal transportation system policies or negatively impact VMT. Acceptable intersection level of service is defined as LOS D, except at Congestion Management Program (CMP) intersections where the standard is LOS E.

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Attachment: Current VMT Policy (Update Vehicle Miles Traveled (VMT) Policy) VMT Policy to Comply with California Senate Bill 7 43 (SB 743)

CEQA Project Screening Criteria

Projects shall be presumed to have a less-than-significant transportation impact if they meet any of the following screening criteria:

• Small Project Screening: Any development that woul d generate fewer than 110 daily vehicle trips shall be presumed to have a less-than-significant transportation impact.

• Local-Serving Retail Screening: Retail commercial projects comprised of stores of up to 60,000 gross square feet shall be presumed to have a less-than-significant transportation impact.

• Local-Serving Public Facilities Screening: Local-s erving public facilities (publicly owned or controlled), excluding private schools, high schools and middle schools, shall be presumed to have a less than significant VMT impact. Examples of these projects include a park, branch library, community or senior center, fire station, and public elementary school.

• Affordable Housing Screening: Projects with 100 percent affordable housing shall be presumed to have a less-than-significant transportation impact on VMT.

• Transit Screening: All land-use projects located within ½-mile of a light-rail station shall be presumed to have a less-than-significant transportation impact on VMT presuming these projects are consistent with the General Plan.

• Screening based on Existing Use: Redevelopment pro jects that replace existing VMT-generating uses and result in a net decrease in total VMT shall be presumed to cause a less than significant impact. For redevelopment projects that result in a net increase in total VMT, the screening criteria for each land use will be based on the size of the proposed development without any credit for the existing use.

• Transportation Project Screening: Transportation projects that reduce or do not increase VMT shall be presumed to have a less than significant VMT impact.

Examples include transportation projects that enhance pedestrian, bike, or transit infrastructure, and transportation projects that maintain current infrastructure, without adding new automobile capacity.

• Project Consistent with General Plan: Any developm ent where the (1) proposed project land use is consistent with the General Plan; (2) the proposed project land use is within the increment of land use change evaluated in the General Plan EIR by Transportation Analysis Zone (TAZ); and (3) the proposed project is consistent with General plan VMT policies, shall be presumed to have a less-than-significant transportation impact.

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Attachment: Update to VMT Policy (Update Vehicle Miles Traveled (VMT) Policy) VMT Policy to Comply with California Senate Bill 7 43 (SB 743)

CEQA Thresholds of Significance

For projects not screened out with a presumption of less-than-significant impact on VMT based upon the above criteria, the following thresholds of significance shall apply to the corresponding project types to determine the transportation impact level of significance:

• Residential Land Use Projects: A proposed project exceeding a level of 15 percent below existing Campbell citywide average VMT per capita shall be presumed to cause a significant transportation impact.

• Office and Retail Land Use Projects: A proposed pr oject exceeding a level of 15 percent below existing Campbell citywide average VMT per employee shall be presumed to cause a significant transportation impact.

• Mixed-Use and all other Project Types: Each land u se within a mixed-use project, and all other project types, shall be evaluated independently by applying the most appropriate threshold of significance from above to each land use type included in the project, given project-specific information.

• Changing or Adding to Existing Use: Changes of use or additions to existing development that are not screened out will be analyzed based on the significance thresholds for each land use component described above.

• Specific Plan or Other Area Plans: Each land use component will be analyzed independently, applying the significance thresholds listed above for each land use component.

• General Plan Amendments: An increase in VMT per service population (jobs plus residents) over the current adopted General Plan based on an analysis of 2040 horizon year conditions is a significant transportation impact.

• Transportation Projects: A net increase in VMT.

Mitigation of Significant Impacts

Projects that have a significant impact on VMT must either modify the project description to reduce the impact or implement feasible mitigation measures which will avoid or substantially lessen such significant effects. Mitigation measures may include multimodal transportation improvements or travel demand management (TDM) measures to reduce single-occupant vehicle trips.

Applicability of Policy (Pipeline Provisions)

The policy contained herein is effective immediately following approval by the City Council (“Effective Date”) and shall apply to projects under the following provisions:

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Attachment: Update to VMT Policy (Update Vehicle Miles Traveled (VMT) Policy) VMT Policy to Comply with California Senate Bill 7 43 (SB 743)

• Active projects with a draft environmental documen t circulated prior to July 1, 2020 may proceed with analyzing transportation impacts under the previous City policy, with use of automobile delay-based metrics and thresholds of significance,

• Active projects without a published draft environmental review document as of July 1 shall conduct transportation impact analyses pursuant to this policy using the VMT metrics and thresholds of significance contained herein.

Local Transportation Analysis

All projects, including those screened out from being subject to a detailed CEQA VMT analysis, may be required to prepare a Local Transportation Analysis (LTA) to demonstrate conformance with multimodal transportation system strategies, goals, and policies in the General Plan and address adverse effects to the transportation system. Notwithstanding the use of VMT as the new transportation performance metric, the City will require proposed development projects to implement improvements designed to ensure that the street system operates at an acceptable level where such improvements would not conflict with the City’s multimodal transportation system policies or negatively impact VMT. Acceptable intersection level of service is defined as LOS D, except at Congestion Management Program (CMP) intersections where the standard is LOS E.

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Attachment: Update to VMT Policy (Update Vehicle Miles Traveled (VMT) Policy) City
Council
Report
TITLE: Resolution Approving the Specifications and Authorizing the Solicitation of Bids and Subsequent Award of Contract for Landscaping Services for the City’s Median Islands and Right -Of- Ways (

RECOMMENDED ACTION
That the City Council adopt a resolution: 1) approving the specifications and authorizing the solicitation of bids for contractual landscaping services for the City’s median islands and public rights-of-way; 2) approving the subsequent award of a service contract to the lowest, responsive bidder, in an amount not to exceed $86,000, for a period of up to one year, plus options for the City to renew up to four additional one -year contracts, for a total of up to five years, and subsequent contract amounts not to exceed the amount of funds programmed in the Parks Maintenance Operating Budget (207.775.7432) for each fiscal year during that five -year term limit; and 3) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

BACKGROUND
The City of Campbell (City)’s Public Works Department , Maintenance Division (Public Works) maintains approximately 365,000 square feet (8.4 acres) of median islands and other public right -of-way areas to promote safe travel conditions for pedestrians and vehicles. Within this scope, Public Works is responsible for implementing services to maintain elements of their landscaping such as trees, shrubs, and ground covers (e.g., mulch, bark, flower beds, etc.). In addition, these services also extend to the maintenance of their hardscape components such as concrete, cobblestones, and pavers, and the irrigation systems that supply water to sustain their landscaped features.

Many of the City’s median islands are situated along major traffic arterials, which are highly visible to the public and require consistent maintenance of their landscaped features. Examples of these locations include Bascom Avenue, Hamilton Avenue, Winchester Boulevard, Campbell Avenue, and a segment of San Tomas Expressway within the City limits. Besides medians, the City also maintains sections of landscaping located in other right -of-way areas such as residential frontages and backups, and certain segments that operate under the jurisdiction of Santa Clara County or Caltrans.

In more recent years, the City has extended its landscaping services to include various C3 stormwater treatment areas such as Hacienda Green Street, the Percolation Pond Item: 8
Category: CONSENT CALENDAR
Meeting Date: April 16, 2024
8 Packet Pg. 93
Landscaping Services Contract Page 2 of 5
frontages, and the Community Facilities District located at Laurence Hill Court and Jasmine Court.

Within the last twenty years, the City and its neighboring communities have undergone a substantial population growth among residents and businesses alike. This expansion has placed greater demands on the City’s roadways and infrastructure, necessitating frequent maintenance and repair services. At the same time, ongoing construction and various development projects have expanded the landscaping in some areas that fall under the City’s maintenance jurisdiction – including traffic medians and certain public right-of-ways.

While enhancing the City’s diverse landscapes remains a priority, the efforts to maintain these features demand a considerable amount of time and resources to implement.

This is especially true for maintaining the landscaping on the City’s medians and public right-of-ways, which require specialized labor and equipment to ensure proper traffic control measures are in place while the work is being performed. To support these efforts, the City has contracted these landscaping maintenance services to professional providers who possess the necessary training and equipment for this area of expertise as it applies to the landscaping on the City’s medians and other right -of-way. This contractual partnership has greatly increased Public Works’ ability to meet the City’s other maintenance needs more promptly and efficiently.

Upon the approval of the City’s annual budget for FY 18, funds were allocated in the Public Works Parks Maintenance Operating Budget (207.775.7432) to increase the frequency of contractual landscaping services . This increase allowed staff to expand their scope of services while implementing a more consistent landscaping maintenance schedule for the City’s medians and other right -of-way areas . Later, in 2019, staff received authorization from the City Council to solicit bids from qualified professionals to provide median landscaping services for a period of up to one-year, in an amount not to exceed those programmed in the Public Works Parks Maintenance Operating Budget for FY 20. At the same time, t he City Council also approved the subsequent award of a service contract to the lowest, responsive bidder with the option to renew up to four additional one-year service contracts, for a total of five years, and annual amounts not to exceed those programmed in the Public Works Parks Maintenance Operating Budget over subsequent fiscal years during those terms.

After reviewing the bids received, the City awarded a service contract to Brightview Landscape (Brightview), who – under the terms of the executed service agreement – would provide the labor and equipment services necessary to maintain the landscaping on the City’s medians and right-of-ways through the end of FY 20. With continued good performance, Brightview received four one -year extensions, which allowed the services to continue through the end of FY 24.

DISCUSSION

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A multi -year service contract offers several benefits for both the City and prospective contractors – creating interest among vendors and encouraging the submission of bids with more competitive pricing. Meanwhile, the renewal option allows staff to re -evaluate its service needs at the end of each contract year and plan accordingly for subsequent years. Should budget adjustments be required to accommodate these needs, the contract extensions can be implemented and amended only up to the amount as approved by the City Council.

The City will reach the end of its five -year contract with Brightview in June of 2024 – concluding services for the landscaping maintenance of the City’s medians and public rights-of-way. A new contract will be required to continue these services for FY 25 and beyond. Similar to the procurement strategy implemented in 2019, staff plans to request bids from qualified landscaping professionals to ensure a timely award of a multi-year contract before the current contract ends. This strategy aims to avoid disruptions in the ongoing maintenance schedule while facilitating a seamless transition between service providers as necessary.

To streamline this process, staff has developed a scope of work and the specifications to be advertised with the request for bids to solicit services from qualified professionals to maintain the landscaping on the City’s median islands and other rights-of-way (Attachment B). Moreover, the terms outlined in the proposed service agreement are consistent with the funds allocated in the Parks Maintenance Operating Budget for contractual landscaping services in FY 25. Based on this amount, staff intends to award a service contract to the lowest, responsive bidder in an amount not to exceed $86,000, for a period of one year. The contract will also include options for the City to renew up to four additional one -year service contracts, for a total of five years, and subsequent contract amounts not to exceed the amount of funds programmed in the Parks Maintenance Operating Budget for each fiscal year during those terms. The final year of contractual services under this new agreement, assuming all amendments are executed, would be FY 29.

NEXT STEPS
Staff is requesting that the City Council approve the specifications and authorize staff to solicit bids from qualified contractors to provide landscaping maintenance services for the City’s median islands and public right s-of-way, as programmed in the Proposed Parks Maintenance Operating Budget for FY 25. Furthermore, staff is requesting City Council approval to award a one -year service contract, in an amount not to exceed $86,000, to the lowest, responsive bidder – plus options for the City to renew up to four additional one -year service contracts, for a total of up to five years, and subsequent contract amounts not to exceed the amount of funds programmed in the Parks Maintenance Operating Budget for each fiscal year during those terms.

Upon receiving authorization from City Council, staff will advertise the specifications with the request for bids on the QuestCDN website and begin the review process for those applications received by 2:00 pm on Wednesday, May 15, 2024. In accordance 8 Packet Pg. 95
Landscaping Services Contract Page 4 of 5
with the City’s purchasing policies and procedures , staff will complete a comprehensive evaluation of the bids received and select a contractor based on the results from the lowest, responsive bidder and their qualifications to perform the work.

Additionally, staff is requesting City Council’s authorization for the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

Pending this authorization, staff will incorporate the applicable details into the City’s Standard Services Agreement ( see Attachment B, pages 4 7-58) and prepare a final copy to be reviewed and signed by all parties . Upon execution , staff will issue the contractor a notice to proceed specifying the date that services may commence and assist with coordination efforts as needed throughout the terms of the contract.

FISCAL IMPACT
This action will have a fiscal impact of $86,000 in FY 25 – consistent with the proposed amount of funds programmed in the Proposed Parks Maintenance Operating Budget (207.775.7432) for contractual landscaping services in FY 25 . Therefore, upon budget approval, sufficient funding will be available to award this contract and implement services effective July 1, 2024. For reference, $86,000 is also in the FY 2024 Adopted Budget for contractual landscaping services.

Additionally, the authority to renew four additional one -year service contracts, for a total of five years, is consistent with the agreement’s terms of service and option to renew pending the City’s landscaping needs and amount of funds programmed in the Parks Maintenance Operating Budget. If required, budget adjustments will be made accordingly to accommodate the service needs of future contract years and to offset any impacts on the budget at that time.

ALTERNATIVES

1. Do not approve the specifications and authorize the solicitation of bids and subsequent award of contract for median landscaping services at this time.

2. Provide alternative direction to staff.

Prepared by:

Carina Shattuck, Administrative Analyst I
Reviewed by:
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Todd Capurso, Director of Public Works
Landscaping Services Contract Page 5 of 5
Approved by:

Angelique Gaeta, Assistant City
Manager
Attachment:
a. Resolution
b. Bid Specifications for Median Landscaping Services
8 Packet Pg. 97

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL: 1) APPROVING THE

SPECIFICATIONS AND AUTHORIZING THE SOLICITATION OF BIDS FOR CONTRACTUAL LANDSCAPING SERVICES FOR THE CITY’S MEDIAN ISLANDS AND PUBLIC RIGHT-OF- WAYS); 2) APPROVING THE SUBSEQUENT AWARD OF A SERVICE CONTRACT, IN AN AMOUNT NOT TO EXCEED $86,000, TO THE LOWEST, RESPONSIVE BIDDER FOR A

PERIOD OF UP TO ONE YEAR, PLUS OPTIONS FOR THE CITY TO RENEW UP TO FOUR

ADDITIONAL ONE-YEAR CONTRACTS, FOR A TOTAL OF UP TO FIVE YEARS, AND

SUBSEQUENT CONTRACT AMOUNTS NOT TO EXCEED THE AMOUNT OF FUNDS PROGRAMMED IN THE PARKS MAINTENANCE OPERATING BUDGET (207.775.7432) FOR EACH FISCAL YEAR DURING THAT FIVE-YEAR TERM LIMIT; AND 3) THE CITY MANAGER

TO EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.100 (RESOLUTION/CONSENT)

WHEREAS, the City of Campbell (City) – Public Works Department’s Maintenance Division (Public Works) maintains approximately 365,000 square feet (8.4 acres) of median islands and other right- of-way areas to promote safe travel conditions for pedestrians and vehicles; and

WHEREAS, the City is responsible for implementing services to maintain elements of their landscaping such as trees, shrubs, and ground covers (e.g., mulch, bark, flower beds, etc.); and

WHEREAS, many of the City’s median islands are situated along major traffic arterials, which are highly visible to the public and require consistent maintenance of their landscaped features; and

WHEREAS, the City also maintains sections of landscaping located in other right-of-ways and C3 stormwater treatment areas; and

WHEREAS, ongoing construction and various development projects have expanded the landscaping in some of these areas that fall under the City’s maintenance jurisdiction; and

WHEREAS, the efforts to maintain these landscaped features demand a considerable amount of time and resources to implement; and

WHEREAS, the City has contracted its landscaping services to professional providers who possess the necessary training and equipment to maintain the landscaping on the City’s medians and other public right-of-ways in a prompt and efficient manner; and

WHEREAS, upon the approval of the City’s annual budget for FY 18, funds were allocated in the Public Works Parks Maintenance Operating Budget (207.775.7432) to increase the frequency of contractual landscaping services for the City’s medians and other right-of-way areas; and

WHEREAS in 201 9, the City awarded a one-year service contract to Brightview Landscape (Brightview) to provide landscaping services for the City’s medians and other right -of-way areas through the end of FY 20, plus the option to renew four additional one-year service contracts, for a total of up to five years with services to conclude at the end of FY 24; and

WHEREAS, with the Brightview contract set to expire in June of 2024, a new contract will be required to continue these services for the current fiscal year and beyond; and

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WHEREAS, to facilitate the timely award of a multi -year contract before the current one expires , staff has developed a scope of work and the specifications to be advertised with the request for bids to solicit services from qualified professionals to maintain the landscaping on the City’s median islands and other right-of-ways; and

WHEREAS, staff is requesting that the City Council approve the specifications and authorize staff to solicit bids from qualified contractors to provide contractual landscaping services as programmed in the Public Works Parks Maintenance Operating Budget for FY 25; and

WHEREAS, in accordance with the City’s purchasing guidelines, staff will complete a comprehensive evaluation of the bids received and select a contractor based on the results from the lowest, responsive bidder and their qualifications to perform the work; and

WHEREAS, staff is also requesting the City Council’s approval to award a one -year service contract to the lowest, responsive bidder, in an amount not to exceed $ 86,000, and the option for the City to renew up to four additional one-year service contracts, for a total of up to five years, and subsequent contract amounts not to exceed the amount of funds programmed in the Parks Maintenance Operating Budget for each fiscal year during those terms; and

WHEREAS, staff requests that the City Council authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and

WHEREAS, the costs associated with this action will be $86,000 in FY 25, however, funding in this proposed amount has been programmed in the Public Works Parks Maintenance Operating Budget (207.775.7432) for FY 25 , and upon budget approval, will be available to award a contract and implement services during FY 25; and

WHEREAS, the authority to renew four additional one -year service contracts, for a total of five years, is consistent with the agreement’s terms of service and the option to renew pending the City’s landscaping needs and amount of funds programmed in the Public Works Parks Maintenance Operating Budget; and

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

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby 1) approves the specifications and authorizes the solicitation of bids for contractual landscaping services for the City’s median islands and public right-of-ways; 2) approves the subsequent award of a service contract to the lowest, responsive bidder, in an amount not to exceed $86,000, for a period of one year, plus options for the City to renew up to four additional one-year contracts, for a total of up to five years, and subsequent contract amounts not to exceed the amount of funds programmed in the Public Works Parks Maintenance Operating Budget (207.775.7432) for each fiscal year during that five -year term limit; and 3) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

PASSED AND ADOPTED this 16th day of April, 2024, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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Attachment: Resolution (Landscaping Services Contract)

APPROVED:
_________________________________
Susan M. Landry, Mayor

ATTEST:
___________________________
Andrea Sanders, City Clerk

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CITY OF CAMPBELL

DEPARTMENT OF PUBLIC WORKS

REQUEST FOR BIDS

FOR

LANDSCAPE MAINTENANCE SERVICE
FOR

MEDIAN ISLANDS AND RIGHT-OF-WAYS

BIDS DUE BY:

WEDNESDAY, MAY 15, 2024 AT 2:00PM

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Attachment: Bid Specifications for Median Landscaping Services (Landscaping Services Contract) TOC

TABLE OF CONTENTS
PAGE

CALL FOR BIDS
Notice Inviting Bids ................................................................................... NIB-1

BIDDING INSTRUCTIONS
General Conditions & Instructions to Bidders ...................................... BI-1

SPECIFICATIONS
Project Special Provisions ....................................................................... SP-1

BID PROPOSAL FORMS
Bid Proposal Forms .................................................................................. BP-1 Statement of Subcontractors ................................................................... BP-2 Non-Collusion Affidavit ............................................................................. BP-3 DIR Registration Statement ...................................................................... BP-4 Certification Regarding Debarment ......................................................... BP-5 Public Contract Code Section 10285.1 Statement ................................. BP-6 Public Contract Code Section 10162 Questionnaire ............................. BP-7 Public Contract Code Section 10232 Statement .................................... BP-8 Debarment and Suspension Certification ............................................... BP-9

CONTRACT DOCUMENTS
Agreement .................................................................................................. CD-1 Faithful Performance Bond ...................................................................... CD-5 Labor & Materials Bond ............................................................................ CD-6

APPENDICES

Appendix A: Construction Workday Calendar ....................................... A-1 Appendix B: Best Management Practices for the Construction Industry B-1 Appendix C: City’s Storm Water Pollution Control Requirements....... C-1 Appendix D: California Prevailing Wage Rates ...................................... D-1 Appendix E: California Public Contract Code Section 9204 ................. E-1 Appendix F: Integrated Pest Management Policy .................................. F-1 Appendix G: Site Map ............................................................................... G-1

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NOTICE INVITING BIDS

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CITY OF CAMPBELL

DEPARTMENT OF PUBLIC WORKS

NOTICE INVITING BIDS
FOR

LANDSCAPE MAINTENEACE SERVICE
FOR

MEDIAN ISLANDS AND RIGHT-OF-WAYS

NOTICE TO CONTRACTORS

The City of Campbell is soliciting bids from licensed and bonded contractors for the provision of regular and scheduled professional landscape maintenance services. Services are for the City’s major street thoroughfare median islands and other right-of-way areas throughout the city; estimated at 4.5 acres of moderate to highly maintained landscape within the city’s 6.5 square miles.

INSTRUCTIONS FOR BIDS

Bid Packets containing specifications and instructions can be obtained online at www.cityofcampbell.com or from the City’s Service Center – Administration Building, located at 290 Dillon Ave., Campbell CA. All bids must include all required forms and information as outlined in the project Specifications, General Conditions and Instructions to Bidders. Bids must be submitted to:

City of Campbell
City Clerk’s Office
ATTN: Bob Siudzinski
70 North First Street
Campbell, CA 95008-1423

Submittals are due no later than 2:00 p.m. on Wednesday, May 15, 2024. The City of Campbell reserves the right to reject all bids and to waive any informality.

PROJECT INFORMATION

Any questions related to this project should be directed to Bob Siudzinski at 408- 866-2772.

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1. Date and Place of Opening Bids . Notice is hereby given that sealed bids will be received at the Office of the City Clerk of the City of Campbell (City), 70 N. First Street, Campbell, CA 95008 -1423 until Wednesday, May 15, 2024 at 2:00 p.m., for the foregoing project. The bids submitted will be publicly opened and read aloud at that time. Sealed bids shall be enclosed in an envelope clearly marked: “BIDS FOR LANDSCAPE MAINTENANCE SERVICES ”. (BIDS RECEIVED AFTER THE DATE

AND TIME STATED ABOVE WILL BE REJECTED AS
NONRESPONSIVE. IT IS HIGHLY RECOMMENDED THAT ALL BIDS
BE HAND DELIVERED).

2. Location of Work. The work to be performed is located in various median islands and right-of-ways throughout the City of Campbell.

3. Description of Work . The work to be performed, in general, consists of furnishing all labor, tools, equipment, transportation, materials, and traffic control required to complete landscape maintenance services for city medians and right -of-ways that are in or near heavy vehicle traffic areas.

For additional information, please contact the City of Campbell, Public Works Department, Project Manager Bob Siudzinski by telephone at 408.866.2772 or by email at [email protected].

Bids are required for the entire work described in the project specifications and contract documents and must be submitted on the bid forms provided by the City of Campbell for this project.

4. Contract Documents. The contract documents, including, but not limited to, the Notice Inviting Bids, instructions to bidders, specifications, special provisions, bid forms and contract may be seen and picked up at the office of the Public Works Superintendent of the City of Campbell located at 290 Dillon Avenue, Campbell, California. Bids must conform and be responsive to all contract documents.

Interested parties may view Contract Documents, including, but not limited to, the Notice Inviting Bids, instructions to bidders, specifications, special provisions, bid forms and Contract may be seen on the Quest website at no charge. The digital Contract Documents may be downloaded for $ 22.00 by inputting the QuestCDN Project #xxxxxxx on the websites’ Project Search page. Please contact QuestCDN.com at (952) 233 -1632 or [email protected] for assistance in free membership, registration, downloading, and working with this digital project information. To be included on the plan holders list, receive notification of addenda, and to be eligible to bid, interested parties must download the Contract Documents from QuestCDN. Those downloading the Contract Documents assume responsibility and risk for completeness of the downloaded Contract Documents.

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5. Award of Contract . All terms and conditions contained in the contract documents shall become a part of the Contract for this project. The Contractor agrees to honor the submitted Bid Proposal for a period of at least 90 -calendar days after the opening of the Bid Proposal. It is anticipated that the Contract for this project will be awarded to the lowest responsible responsive bidder. A bid may be rejected if the City determines that any of the bid item prices are materially unbalanced to the potential detriment of the City. To the fullest extent permitted by law, the City reserves and maintains the right to reject any and all bids and to waive any bid informality or irregularity at its discretion.

6. Prevailing Rate of Wage . The work contemplated by the contract documents is a public work subject to prevailing wages under California Labor Code Section 1770 et. seq. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. In accordance with Sections 1770 through 1780 inclusive of the California Labor Code, the City has obtained from the Department of Industrial Relations the general prevailing rates of wages in the locality in which the work is to be performed. The Contractor to whom the Contract for this project is awarded and any subcontractors must pay not less than the specified prevailing rates of wages to all workers employed in the execution of the Contract. Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates included in the Bid Proposal and Contract for the project shall be posted by the Contractor at a prominent place at the site of the work. Copies of the prevailing rates of wages for this project are found in Appendix D of the Project Specifications.

7. Licenses. All bidders, contractors and subcontractors shall be licensed in accordance with the laws of the State of California. All contractors and subcontractors shall have and maintain a current and valid contractor license of the required classification from the State of California throughout the course of this project.

Failure to possess the specified license at the time the bid is submitted shall render the bid non -responsive and shall act as a bar to award of the Contract to any bidder not possessing said license at bid submission and result in a forfeiture of the bid security. Bidder/contractor is required to provide with its bid satisfactory proof of licensure to the City.

8. Business License. All contractors and subcontractors working in the City of Campbell must have a valid City of Campbell Business License at the time the Contract is awarded. Business Licenses may be purchased at the Finance Department at 70 N. First Street, Campbell, California.

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9. Mandatory Pre -Bid Meeting . Wednesday, May 1, 2024, at 9:00 AM.

Located at the Campbell Service Center; 290 Dillon Ave, Campbell, California 95008.

10. Pre-Bid Site Review. None.

11. Apprentices. Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative Code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices. Contractors and subcontractors shall comply with all such requirements concerning the employment and wages of apprentices. Bidder/contractor is responsible for the compliance of its subcontractors with California Labor Code Sections 1777.5, 1777.6 and 1777.7.

12. State of California Department of Industrial Relations (DIR) Registration.

Contractors and subcontractors must be registered with the DIR pursuant to California Labor Code Section 1725.5. California Labor Code Section 1725.5 mandates that all contractors and subcontractors who bid or work on public works project must be properly registered with the DIR.

Effective March 1, 2015, the City cannot accept a bid from a contractor that is not properly registered with the DIR. For public works projects, like this project, the City is required to use only those contractors and subcontractors that have been properly registered with the DIR. The Contractor and subcontractors (as listed on the Statement of Subcontractors Form) shall provide proof of DIR registration at the time of Bid. This project is subject to compliance monitoring and enforcement by the DIR pursuant to California Labor Code Section 1771.4.

NOTICE:

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.

13. Resolution of Construction Claims . Each bidder is hereby notified of California Public Contract Code Section 9204 (a copy of which is included as Appendix E in the Project Specifications) as such section relates to resolution of construction claims. All provisions of Public Contract Code Section 9204 are incorporated into and form an integral part of the contract documents for this project. Failure of a public entity to respond to

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a claim within the time periods described in Public Contract Code Section 9204 shall result in the claim being deemed rejected in its entirety.

14. Project Administration . All questions relative to this project must be submitted in writing and received a minimum of 5 working days prior to the bid opening date and shall be directed to:

City of Campbell, Public Works Department
70 North First Street, Campbell, CA 95008-1423
Attention: Bob Siudzinski, Project Manager
[email protected]
Tel: (408) 866-2772
Fax: (408) 370-3304

CITY OF CAMPBELL

By:_____________________________
Andrea Sanders, City Clerk

Publish: April 10, 2024
April 17, 2024
April 24, 2024

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BID INSTRUCTIONS

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GENERAL CONDITIONS & INSTRUCTIONS TO BIDDERS FOR

LANDSCAPE MAINTENANCE SERVICE FOR MEDIAN ISLANDS AND

RIGHT-OF-WAYS

I. OVERVIEW

The City of Campbell Public Works Department (hereinafter “City”) is soliciting bids from qualified landscape service providers (hereinafter “Contractor”) to secure the performance of professional landscape services, which will provide necessary routine landscape maintenance of median islands and public right -of- ways throughout the city.

II. BACKGROUND

The City maintain s approximately 365 ,000 square feet (8.4 acres) of me dian island and other right-of-way landscape throughout the City. The median islands are generally located in the City’s major traffic arterials, including Bascom Ave., Hamilton Ave., Winchester Blvd. and Campbell Ave. as well as a few other minor streets. The City also maintains the median island landscape on the portion of San Tomas Expressway located within the City Limits.

These landscaped areas are made up of various landscape features including trees, shrubs and ground covers as well as a variety of hardscapes such as concrete, cobble and pavers which need to be cleaned . Additionally, extensive irrigation systems are maintained to properly water the landscaped areas.

Providing proper traffic control is a critical maintenance component whenever working on streets with high volumes of traffic.

The city also maintains County, Cal Trans and residential frontages and backups, C3 storm water treatment areas and Special Maintenance Districts.

III. GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS

A. Bidder’s Conference
A Pre-Bid Conference will be held at 9:00 a.m., Wednesday, May 1, 2024. The location of the meeting will be in the Service Center Conference Room, located within the Public Works Service Center Administration Building located at 290 Dillon Ave, Campbell, CA. It is MANDATORY for all interested contractors to attend this meeting. All contractors should be sure to sign-in and/or leave a business card to be placed on the mailing list for any addenda’s issued.

B. Requests for Information
Questions regarding documents, discrepancies, omissions, or doubt as to meaning will be clarified for all bidders through an Addendum. Questions

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pertaining to this RFB must be submitted in writing no later than 5 days prior to the deadline date via e-mail to Bob Siudzinski at [email protected].

Be as specific as possible, citing the specific section/number where applicable. The City will provide a written response to all pertinent questions in the form of an Addendum.

C. Addenda or Bulletins
Any addenda or bulletins issued during the time of bidding shall become a part of the specifications and shall be posted on the city’s project website.

D. Evidence of Responsibility
All applicants must be licensed and bonded.

IV. BID FORMAT AND SUBMISSION REQUIREMENTS

1. Forms
a. All proposals must be submitted along with the provided forms prepared by the City and included in this packet. All items on all forms must be completed. Numbers should be stated in figures and signatures of individuals must be in legible longhand. The completed forms must be without interlineations, alterations, or erasures.

2. Requirements
a. The successful contractor shall be required to provide the following documents to the City within ten (10) days of notice of bid award:
i. Payment Bond assuring that employees and subcontractors will be paid, in the amount of 25% of the first year’s contract price
ii. Certificate of Insurance documenting proof of the following coverages throughout the term of the contract:

1. Worker’s Compensation Insurance;

2. Public liability and property damage insurance with
limits of not less than $1,000,000 per occurrence;

3. The City of Campbell must be named as additional
insured’s;

4. The insurance may not be cancelled or reduced
without providing thirty (30) days written notice to the City of Campbell.
iii. Proof of obtaining a City of Campbell Business License.

V. AWARD OF CONTRACT
The City shall award the contract to the lowest responsible bidder for a one- year period, with the City’s sole option to renew the contract(s) for an additional four (4) – (1) one-year contracts.

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The City reserves the right to reject any and all bid proposals, to modify the scope of the project to meet budget constraints, and to waive any informality or no substantive irregularity as the interest of the City may require.

VI. EXTENSION OF CONTRACT
The term of the first contract will begin July 1, 2024 and end on June 30, 2025. The City of Campbell, at its sole discretion, may elect to extend the service contract for an additional 4 (four), one-year terms, pending satisfactory performance under the original contract. Additional contract terms will be from July 1 through June 30 of each following Fiscal Year.

Purchase Orders will be created for a period of one year in junction with the City’s Fiscal Year, July 1 through June 30 of each year.

Annual contractual cost increases, beginning July 1, 2024 shall be equal to the February-to-February San Francisco-Oakland-San Jose Consumer Price Index-All Urban (CPI) in an amount not to exceed four percent (4%) but not lower than two percent (2%), annually, on July 1 of each contract renewal.

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SPECIAL PROVISIONS

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PROJECT SPECIAL PROVISIONS

PURPOSE: The City of Campbell is soliciting bids from licensed and bonded contractors for the provision of regular and scheduled professional landscape maintenance services. Services are for the City’s major street thoroughfare median islands and other right-of-way areas throughout the city; estimated at 4.5 acres of moderate to highly maintained landscape within the city’s 6.5 square miles.

1. GENERAL INFORMATION

1.1. Contractor(s) shall provide all labor, material, equipment and other services necessary for landscape management, maintenance and irrigation services for landscaped median islands and right-of-ways within the city limits described in these special provisions.

2. SERVICES

2.1. The services to be performed under this contract include the following items:

2.1.1 Initial inspection and formal report on the condition of all plant material, irrigation systems and hardscape for all areas of the contract.

2.1.2 Monthly irrigation reports.

2.1.3 Irrigation system maintenance.

2.1.4 Litter, weed and debris removal.

2.1.5 Trimming and clearance pruning of shrubs and ground covers.

2.1.6 Replacement of landscape materials including mulch (separate pay item).

2.1.7 Project supervision and coordination of activities with the City.

3. LOCATION OF WORK

3.1. Service areas are defined in Section 8 of these specifications but are generally located on the city’s major thoroughfares and right-of-ways fronting Cal-Trans and County pockets.

4. DEFINITIONS

4.1. Landscape Areas - All planted or unplanted areas and hardscapes, including concrete areas, curb and gutters, and walls within the project limits.

4.2. Repair and Renovation Work (R&RW) - Any agreed upon work that is beyond the normal and routine maintenance activities as described in this contract.

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5. GENERAL REQUIREMENTS

5.1. Laws to Be Observed:

5.1.1. Contractor shall keep itself fully informed of all existing and future state and federal laws, including O.S.H.A. standards, Santa Clara County regulations, and all municipal ordinances and regulations of the City of Campbell which in any manner affect those engaged or employed in the provision of the services or the equipment and materials used, or which in any way affect the conduct of the services and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

5.2. Public Convenience and Safety:

5.2.1. Traffic control procedure stated herein and traffic control standard plans shall be the MINIMUM accepted by the City. Any variations shall be approved by the City Project Manager prior to use. In no way shall compliance with these requirements and standards relieve the Contractor of any liability for claims or damages arising from the Contractor’s work.

5.2.2. Contractors will close the vehicle lanes adjacent to the work area provided that at least one lane in each direction is open. City approval is required for total lane closure in one or more directions. Adequate traffic warning and control devices shall be provided and maintained by the Contractor during maintenance activities in accordance with the “U.S. Department of Transportations’ Manual on Uniform Traffic Control Devices” latest edition
(http://mutcd.fhwa.dot.gov/kno_2003r1r2.htm).

5.2.3. A lighted arrow board is required for all lane closures plus warning signs. Any lane closure must be approved by the City Inspector and not conflict with peak directional traffic flow from 6:00 a.m. to 8:30 a.m. and 3:00 p.m. to 7:00 p.m. When inadequate traffic warning and control devices have been installed, work shall stop until all necessary devices have been installed according to the current CA MUTCD “Chapter 6 - Temporary Traffic Control”.

5.2.4. Flag persons are mandatory at locations where equipment is intermittently blocking a traffic lane or where only one lane is available for two-direction traffic.

5.2.5. All the work specified herein shall be considered to be the Contractor’s expense.

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5.3. Permits and Licenses:

5.3.1. Contractor shall procure all permits and licenses, pay all charges and fees, give all notices necessary and incidental to the due and lawful prosecution of the provision of services. Contractor must contact the Santa Clara County Transit District for any permits (e.g. VTA restricted access permit) and/or training required to work along the LRT line if and when such work is required.

5.4. Responsibility for Damage:

5.4.1. Contractor shall take all responsibility for the services, shall bear all losses and damages directly or indirectly resulting to Contractor, to any sub-contractor, to the City, to City employees on account of the performance or character of the services, unforeseen difficulties, accidents, occurrences or other causes predicted on active or passive negligence of the City. Said Contractor shall assume the defense of and shall indemnify and hold harmless the City, its officers, officials, directors, employees and agents from and against any and all loss, liability, expense, claim, costs, suits and damage of every kind, nature and description directly or indirectly arising from the provision of the services.

5.5. Responsibility for Work:

5.5.1. Except as provided above, until the formal acceptance of the services by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by execution or from the non-execution of the services. Contractor shall rebuild, repair and restore, and make good all injuries or damages to any portion of the services occasioned by any of the above causes before final acceptance and shall bear the expense thereof.

5.6. Responsibility of City:

5.6.1. The City shall not be held responsible for the care or protection of any material or portion of the work prior to final acceptance, except as expressly provided for in these requirements.

5.7. Preservation of Property:

5.7.1. Due care shall be exercised to avoid injury to existing improvements or facilities, adjacent property and real or personal property that is not to be removed.

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5.8. Cooperation:

5.8.1. Should work be performed by other firms within or adjacent to the limits of the services specified, or should work of any other nature be underway by other firms within or adjacent to said limits, Contractor shall cooperate with all such other firms so that any delay or hindrance to their work will be avoided.

5.8.2. The right is reserved to the City to perform other services as additional work at or near the site (including material sources) at any time, by the use of other firms or city work crews.

5.8.3. When two or more firms are employed on related or adjacent work, each shall conduct their operations in such a manner as to not cause any unnecessary delay or hindrance to the other. Each firm shall be responsible to the other for all damage to work, to persons or property caused to the other by their operations and for loss caused the other due to Contractor’s unnecessary delays or failure to finish the services within the time specified for completion.

5.9. Assignment:

5.9.1. The performance of the services may not be assigned except upon the written consent of the City Project Manager. Consent will not be given to any proposed assignment that would relieve the Contractor of their responsibilities under the requirements and such assignment will be recognized by the City, if given proper notice thereof, to the extent permitted by law. That any assignment of money shall be subject to all proper set-offs in favor of the City, and to all deductions provided for in the requirements and particularly all money withheld, whether or not assigned, shall be subject to being used by the City for the completion of the services, in the event that Contractor should be in default therein.

5.10. Care and Protection:

5.10.1. Contractor shall be entirely responsible for any damage to the City’s or adjacent property due to hauling materials or other causes attributable to the conduct of the work, and all such damage will be repaired by the Contractor when and as directed by the City’s representative, and as required to place the property in as good condition as before the commencement of the work.

5.11. Worker Safety:

5.11.1. Contractor shall observe all applicable O.S.H.A. and Cal-O.S.H.A. requirements.

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5.12. Documentation to Be Supplied:

5.12.1. Contractor, upon request by the City, shall supply all necessary documentation to show that Contractor has complied with all terms.

5.13. Personal Identification:

5.13.1. All personnel who work on this project will wear clothing, which bears the Contractor’s company name.

5.14. Storage Areas:

5.14.1. Contractor is responsible for making Contractor’s own storage arrangements for equipment and material, etc. Stockpiling material on the streets or in the public right-of-way is not allowed at any time.

Materials and debris will be removed from the job sites by the end of the working day. Failure to do so will cause the City to remove the material or debris from the site and deduct the cost of said work from the Contractor’s monthly maintenance payment.

5.15. Identification:

5.15.1. All equipment used in performance of the work shall be clearly marked with the Contractor’s name, insignia, or other identifying emblem. Such markings shall be provided at the Contractor’s sole expense.

6. SERVICE REQUIREMENTS

6.1. Maintenance of Landscape Areas

6.1.1. General Debris and Litter Control

6.1.1.1. All Litter and debris (leaves) will be removed from the landscape areas and the hardscape areas which include
concrete curbs, gutters, sidewalks and the emergency
pavement lane adjacent the median islands. All leaves should be removed within 30 days of tree defoliation.

6.1.2. General Trimming and Pruning

6.1.2.1. Qualified professional personnel shall perform all pruning.

Only recognized and approved methods, techniques and
standards shall be used. Plants or Trees pruned improperly or damaged will be replaced by the Contractor with plants of the same appropriate size as determined by the City Project Manager.

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6.1.2.2. Weed eaters SHALL NOT be allowed to come into contact with shrubs or trees. Damaged plant material shall be immediately replaced at Contractor’s cost.

6.1.2.3. Excessive pruning or stubbing back will not be permitted.

Hedging is not permitted in areas designated as “Bay-Friendly”, “Re-scape California” or as Special Maintenance District.

Hedging will be allowed in median islands on the major
thoroughfares. Hedging will be pre-authorized by the City Project Manager for specific planting areas.

6.1.2.4. All dead or damaged branches shall be removed.

6.1.2.5. Pruning cuts shall be made cleanly and with no tearing of the bark.

6.1.2.6. All brush is to be removed from the site. No stockpiling of debris will be allowed on this project.

6.1.2.7. Pruning of tree and plant material shall be done for the following conditions:

6.1.2.7.1. To maintain clearance from hardscape, vehicles, or facilities.

6.1.2.7.2. To provide visibility of pedestrians and motorists.

6.1.2.7.3. To maintain walkways and maintenance bands free from obstructions and/or safety issues.

6.1.2.7.4. To improve or enhance plant growth, e.g., pruning roses in the winter, cutting back ornamental grasses
and some groundcovers annually or biannually or as
directed.

6.1.2.7.5. To eliminate or reduce potentially unsafe conditions.

6.1.2.7.6. To correct shape, particularly for wind
disfigurements.

6.1.3. Shrubs and Planting Areas

6.1.3.1. Pruning

6.1.7.1.1. Pruning of plant material shall be performed whenever necessary to meet the following conditions:

6.1.7.1.2. To maintain clearance from other plants, hardscape, vehicles or facilities

6.1.3.1.3. To provide visibility for pedestrians and motorists

6.1.3.1.4. To maintain walkways, curb & gutters, and
maintenance bands free from obstructions.

6.1.3.1.5. To eliminated or reduce potentially unsafe situations, e.g. trim groundcover on walls to eliminate nesting
sites for rodents.

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6.1.3.1.6. All shrubs shall be pruned to correspond to and enhance the natural form and flowering habit. Shrubs
shall be pruned according to guidelines in the most
current edition of Arboriculture, by Harris, Clark and
Matheny.

6.1.3.1.7. Shrubs shall be pruned using selective cuts to lateral branches, or to the point of origin (thinning cuts).

Shrubs shall not be sheared or hedged unless
specifically required by the City Project Manager.

6.1.4. Groundcover Plantings

6.1.4.1. Plant materials must be maintained and controlled to provide clearance from trees and shrubs.

6.1.4.2. Mowing shall be accomplished where possible by large mowers set at four (4) inches in height. Where shrubs or other obstructions preclude this technique, weed eaters shall be used in tighter areas, including bioswale grasses.

6.1.4.3. Groundcover shall be mowed on an annual basis unless otherwise directed by the City Project Manager.

6.1.5. Median Island and Hardscape Maintenance

6.1.5.1. These areas consist of hardscape associated with median islands located within the service areas and include curb and gutter, pork chop islands, raised planter beds, maintenance bands, concrete masonry, and exposed cobble. All of these items must be maintained in a clean, safe and weed free condition.

6.1.5.2. The hardscape surface itself shall be kept free of mud, weeds, trash or any other debris at all times

6.1.6. Weed, Disease and Pest Control

6.1.6.1 Landscape areas shall be kept free of weeds. Weeding may be done manually or by the use of selective weed killers with specific recommendations by a licensed Pest Control Advisor.

Extreme caution shall be observed if applying selective weed killers so as not to damage any other plants. Spraying shall only be done at times when there is no wind and only in compliance with section 7, titled “Integrated Pest
Management”.

6.1.6.2. Contractor agrees to provide material safety data sheets on any and all pesticides used on the site prior to their

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application. Poison baits must be placed so as not to create a hazard to children or pets.

6.1.6.3. A screenshot of the Contractor’s State Pesticide Report must be furnished each month before any payments will be made.

See Appendix F for further information on how to make this report.

6.1.7. Payment

6.1.7.1. All items of work described in the section entitled “Maintenance of Landscape Areas” will be paid as one pay item. No other payments will be made unless otherwise
specified in this section.

6.2. Replacement of Materials

6.2.1. Replacement trees shall be of a size, condition and variety acceptable to the City Project Manager. All plants shall be healthy, vigorous stock, free of insects and disease. Specifications for acceptance of nursery stock should follow the most current guidelines in “Guideline Specifications for Nursery Tree Quality” published by the Urban Tree Foundation.

6.2.2. All replacement plants shall be nursery grown stock and shall have been grown in the specified container for not less than four (4) months, but shall not have been overgrown in the container so as to become root-bound.

6.2.3. The Contractor shall replace all bare, dead or unhealthy turf and grasses in kind through seeding or sod installation.

6.2.4. The Contractor at no cost to the City will replace any tree, turf, or plant material that dies or appears in poor health due to lack of maintenance or actions by the Contractor.

6.3. Irrigation System Maintenance

6.3.1. The irrigation system consists of automatic controllers, backflow devices, low voltage wires, remote control valves, irrigation laterals, risers, low volume drip emitters and bubblers, filters, pressure regulators, pressure relief stations and all other incidentals associated with standard low volume City irrigation systems.

6.3.1.1. Maintenance of the existing system shall include, but not limited to:

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6.3.1.1a) Annual blowing out of lateral lines to remove debris by removing the last irrigation head and flushing lines;

6.3.1.1b) Monthly exercising of controllers and valves;

6.3.1.1c) Monthly checking of mains, laterals, risers, and heads for leaks;

6.3.1.1d) Repairs/replacements of all components downstream of each station valve (excludes valve)

6.3.1.1e) Checking drip bubblers for correct flow, cleaning filters, adjusting pressure reducing valves, and
cleaning and adjusting valves;

6.3.1.1f) Raising and/or straightening of heads that are sunken and/or tipped as necessary or as directed;

6.3.1.1g) Cleaning and adjusting valves, emitters, bubblers, and sprinkler heads for optimum performance;

6.3.1.1h) Annual cleaning of Y-strainers;

6.31.1i) Monthly irrigation reports;

6.3.1.1j) Contractor must provide personnel who are trained in the Management of smart web based controller and
ET based watering systems. A complete irrigation
system check will be done monthly. Contractor shall
respond and make necessary repairs within twenty-
four (24) hours.

6.3.2. In the event of a drought, the Contractor shall cooperate in the enforcement of mandated water allocations.

6.3.3. Contractor shall provide a certified irrigation technician to perform system checks and repairs to the irrigation system on a scheduled basis.

6.3.4. Irrigation Reports

6.3.4.1. A complete irrigation system review and written report shall be done for each month that irrigation maintenance is required.

The written report shall list each controller and valve station condition, date and time checked, irrigation schedule and maintenance performed (i.e., adjusting, cleaning, etc.).

6.3.4.2. Damage reports or problems not resulting from the Contractor’s activities or negligence shall list the approximate cost of the repair or modification in addition to the date checked, controller, valve number and type of problem.

6.3.4.3. The irrigation report shall be submitted along with the monthly billings and must be approved by the City Project Manager prior to any payment.

6.3.5. Irrigation Repairs

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6.3.5.1. Irrigation repairs shall be completed within forty-eight (48) hours after approval by the City Project Manager.

6.3.5.2. All repairs or replacements not resulting from maintenance operations will be paid as specified in accordance with the provisions in the maintenance contract.

6.3.5.3. Installation of replacement parts must be as per original design intent. The same exact parts (i.e., same drip bubbler with same G.P.H. rating) must be used for replacements unless otherwise specified by the City Project Manager.

6.3.6. Irrigation System Scheduling

6.3.6.1. Irrigation shall be scheduled with appropriate frequency and duration to meet the water requirements of the plants served by the valve.

6.3.6.2. Irrigation frequency shall be determined by the evaporative demand and rainfall. Irrigation frequency shall be adjusted as necessary to account for predicted changes in weather and water use.

The Contractor should be familiar with and employ the use of local CIMIS data to determine irrigation frequency and
seasonal volumes. The target application rate is 70% of ET.

6.3.6.3. Irrigation duration shall be adjusted for each valve to apply the appropriate amount of water required to wet the root zone of the plants within that irrigation zone. Irrigation duration shall consider the following:

6.3.6.3.1. Precipitation rate (inches per hour) of the specific sprinkler operated by that valve.

6.3.6.3.2. Infiltration rate of the soil.

6.3.6.3.3. Water holding capacity of the soil (inches of available water per foot of soil).

6.3.6.3.4. Rooting depth of plant material:

6.5.6.3.4.1. Turf 12”

6.5.6.3.4.2. Ground covers 12”

6.5.6.3.4.3. Shrubs 24”

6.5.6.3.4.4. Trees 36”

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6.3.6.4. Irrigation shall be applied in a manner to avoid erosion, excessive run-off, ponding, dry spots or creation of a
waterlogged soil condition. If it is determined that these conditions result in damage to trees, shrubs, groundcover or hardscape, any damage shall be repaired or plants replaced at the Contractor’s expense.

6.3.7. Controller:

6.3.7.1. Irrigation controllers shall be programmed as much as necessary, and as climate conditions dictate or as directed by the City Project Manager, including any smart web based controller system applications.

6.3.7.1.1. Controller programming shall adhere to the
scheduling requirements set forth by the City Project
Manager.

6.3.7.1.2. Controller programs shall be designed to conserve water and encourage deep rooting of all trees and
ground cover.

6.3.7.1.3. Controllers shall be set to irrigate between the hours of 9:00 p.m. and 5:00 a.m.

6.3.8. Payment

6.3.8.1. All items of work described in the section entitled “Irrigation System maintenance” will be paid as one pay item. No other payments will be made unless otherwise specified in this section.

6.4. Repair and Renovation Work (R&RW):

6.4.1. From time to time the City Project Manager or his representative may request work to be done that is not part of the scheduled scope of work. This work will be paid under Repair and Renovation Work (R&RW).

6.4.1.1. When work is to be paid for under R&RW, the labor, materials and equipment used in the performance of such work shall be subject to the prior written approval of the City Project Manager and compensation will be determined as specified herein.

6.4.2. Agreed Price:

6.4.2.1. The Director may ask for a written proposal from the contractor to perform repair and/or renovation work, if the City Project Manager accepts the proposal the Contractor payment will not exceed the amount of the mutually agreed upon unit price.

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6.4.2.1.1. If unforeseen conditions are encountered while completing the work that requires an increase in the amount of the agreed upon payment, these conditions should be brought to the attention of the City Project Manager for evaluation. A payment adjustment will be made at his sole discretion.

6.4.3. Time and Materials:

6.4.3.1. When no unit price is requested or agreed upon, then the Contractor will be paid for the costs for labor and materials used in performing the work determined as hereinafter
provided.

6.4.3.1.1 Labor: Labor will be compensated at the rates quoted on the “Repair and Renovation Work, Hourly Rate
Schedule” submitted as part of the contractor’s cost
proposal. There will be no “mark-up” to labor costs.

6.4.3.1.2 Materials: The City reserves the right to furnish such materials as it deems advisable, and the Contractor
shall have no claims for costs and mark-up on such
materials. Only materials furnished by the Contractor
and necessarily used in the performance of the work
shall be paid for.

6.4.4. Work Performed by Special Forces or other Special Services:

6.4.4.1. When the City Project Manager and the Contractor determine that the forces of the Contractor cannot perform R&RW, the Contractor may subcontract with a City approved specialist.

6.4.4.2. When forces other than the Contractor’s organization perform R&RW, the Contractor shall reach agreement with such other forces as to the distribution of the payment made by the City for such work. No additional payment will be made by the City by reason of the performance of the work by forces other than the Contractor’s.

6.5. Records

6.5.1. The Contractor shall maintain Contractor’s records in such a manner as to provide a clear distinction between the direct costs of R&RW and the costs of other maintenance work.

6.5.2. From the above records, the Contractor shall furnish the City Project Manager completed reports, for all Time and Material - R&RW. The R&RW reports shall be submitted no later than seven (7) days

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following the performance of said work. The R&RW reports shall list all work completed. The reports shall provide names or identifications of workmen, the hourly rate of pay and hours worked, and also the size type and identification number of equipment, and hours operated.

Before presenting the R&RW reports to the City Project Manager for payment, the Contractor shall compile the cost of the R&RW to be paid for and attach a copy of the written cost estimate.

6.5.2.1 Material charges shall be substantiated by valid copies of Contractor’s invoices. Such invoices shall be submitted with the R&RW reports, or if not available, they shall be submitted subsequently.

6.5.2.2 Should said Contractor’s invoices not be submitted within sixty (60) days after the date of delivery of the material, the City Project Manager reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials are available in the quantities concerned delivered to the location of the work, less any discounts. Said R&RW reports shall be signed by the Contractor or Contractor’s authorized representative.

6.5.2.3 The City Project Manager shall compare City’s records with the completed R&RW reports furnished by the Contractor and make any adjustments. When these reports are agreed upon and signed by both parties, said reports shall not preclude subsequent adjustment based on later audit by the City. The cost records pertaining to work paid for on a R&RW account basis shall be open to inspection or audit by representatives of the City during the life of the Contract and for a period of no less than three (3) years after the expiration thereof, and the Contractor shall retain such records for that period.

7. INTEGRATED PEST MANAGEMENT

7.1. Integrated Pest Management (IPM) is an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, and modification of cultural practices and the use of resistant varieties.

IPM techniques include limiting the use of pesticides to situations where monitoring indicates that they are needed, selecting least toxic pest control materials, and applying these materials in a manner that minimizes risk to human health, beneficial and no target organisms, and the environment.

8. SERVICE AREAS

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8.1 Table 1 below shows the medians and other areas to be serviced.

Quantities and general description of the areas are provided for bidding purposes only and to provide the contractor the locations of the service areas that the contractor should visit prior to submitting a bid for maintenance services. The contractor should verify any quantities provided as no adjustments for payments will be made for discrepancies in quantities provided and actual quantities in the field.

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TABLE 1
Area
Location
Median Islands Square Footage
General
Description
Irrigation
Landscape Hardscape Total No. of
Controllers
Total No.
of
Stations
1 Bascom Ave 20,445 10,232 30,677 Shrubs and
Trees 1 5 South of Apricot Ave. to Hamilton
Ave

2 Hamilton Ave 54,388 17,494 71,882 Shrubs and
Trees 4 22 April Way to Beck Drive
3 Hamilton Ave. / Hwy 17 3500 0 3500
Shrubs and
Trees 0 0 W/B Hamilton to N/B Hwy 17 On
Ramp (Frontage)

S/B Hwy 17 Off Ramp to Hamilton
Ave (Islands)

4 Winchester Boulevard 11,452 1,213 12,665 Shrubs and
Trees 2 12
Latimer Ave. to Camden Ave
5 Campbell Ave 9,904 843 10,747 Shrubs and
Trees 1 6
Milton Ave to Winchester Blvd.
6 San Tomas Expressway 7,378 6,062 13,440 Shrubs and
Trees 2 6 Campbell Ave to Payne Ave
7 Westmont Ave 9,224 0 9,224
Trees 1 4
Fawn Drive to 200 feet East of
Harriet Ave

8 Creekside Way 2,305 0 2,305 Raphs, Ivy,
Trees (Pears) 1 3 Campisi Way to Hamilton Ave
9 Winchester / Hacienda Percolation
Pond Frontages 12,000 0 12,000
1 4
S/W Corner of Winchester &
Hacienda

10 Community Facilities District #2 5700 0 5,700 C3 Water Treatment -
ornamentals

Jasmine Court/Laurance Court
Frontages
1 11 Hacienda Ave 55,000 3,000 58,000 No Mow Turf,
Shrubs, Trees 2 57 Winchester Blvd. to Burrows Road
12 Camden Ave Medians 3500 0 3500 Trees and
Cobble 1 2 Bascom Ave to White Oaks Road
Total SF of Areas to be Maintained 194,796 38,844 233,640 17 121

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9. PAYMENTS

9.1. Payment, as provided herein shall constitute full compensation to the Contractor for performance of all work and no additional compensation will be allowed.

9.2. Deductions from Payments:

9.2.1. The City may, at its option and at any time, retain out of any amounts due the Contractor:
1) Sums sufficient to cover any unpaid claims which are not covered by insurance covering the City, its officers and employees, provided by the Contractor, and;
2) Any other sums which City is authorized or required to withhold under any applicable laws.

9.3. Basis of Payments:

9.3.1. The Contractor shall provide an invoice by the 10th day of each month for the previous month’s service. The basis of payment for each purchase order agreement will be as follows:

9.3.2. The Project Manager may add or delete a service to the number of scheduled services as conditions warrant it.

9.3.3. Basis of payment for ALL maintenance areas includes the following three (3) general pay items.

9.3.3.1. Pay Item: Landscape Maintenance as described in Section

6.1 - “Maintenance of Landscape Areas”.

9.3.3.1.1. Payment shall be made for each service provided as described in the above specifications for each
service area as described in the Contractor’s Bid
Proposal.

9.3.3.2. Pay Item: Maintenance of the irrigation system as described in Section 6.5 - “Irrigation System Maintenance”,

9.3.3.2.1. Payment shall be made for each service provided as described in the above specifications for each
service area as described in Contractor’s Bid
Proposal.

9.3.3.2.2. Payment for repair of vandalism or vehicle
accidents will be paid as part of R&RW

9.3.3.2.3. Irrigation Service is required monthly.

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9.3.3.3. Pay Item: Repair and renovation work as described in Section 6.6 - “Repair and Renovation Work (R&RW)”

9.3.3.3.1. Payment shall be made for each service provided as described in the above specifications “Repair
and Renovation Work” and as directed by the
project manager.

9.4. Prior to Payment:

9.4.1. Contractor shall furnish to the City the following documents prior to any monthly payment processed by the City:

9.4.1.1. A work schedule describing planned maintenance for the following month

9.4.1.1.1. Include number of crew(s), crew size(s), date and location of planned work

9.4.1.2. The maintenance summary for the service invoiced

9.4.1.3. Irrigation reports (status and repairs)

9.5. Payment of Invoices

9.5.1 Payment of invoices will be made in the ordinary course of business for work performed. Any sums due the City shall be deducted prior to payment.

9.6. Addition or Removal of Landscaped Areas

9.6.1. In the event that landscaped areas along the project areas are added to or removed from these landscape maintenance
agreements by the City Project Manager, adjustments to the affected pay items will be made on the basis of square footage added or subtracted.

9.6.2. The City may choose to remove a service area entirely from the service agreement for budgetary or other reasons that are in the City’s best interest. If a service area is removed from service no payment will be made for the amount submitted on the contractor’s cost proposal.

9.7. Quote

9.7.1. Area Basis: Quotes for each purchase order will be based on the landscaped areas within the project limits and the square footage provided on the Cost Proposal Form. The square footage area is

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given for reference only and will be used for calculating price adjustments for the addition or removal of landscapes. It is recommended; even strongly encouraged that each contractor visits the locations before submitting cost estimates. No pay adjustments will be made for discrepancies in the square footage area given and the actual square footage in the field.

9.7.2. If new landscape service areas are added to the agreement for maintenance, additional initial inspection reports will be required for each added area. These supplemental reports shall be submitted at the end of the first (30) days of maintenance. The initial inspection reports and monthly updates are required to receive the first and any subsequent partial payments, respectively.

10. SPECIAL PROVISIONS

10.1. Maintenance Expectations

10.1.1. The City of Campbell takes pride in the maintenance of the median islands located within its major streets and thoroughfares and realizes that these medians provide an enhanced gateway into the city. Landscape maintenance of these areas continues to be a focus as resources are reallocated threw out the City’s parks and other landscaped areas. Contractors are expected to provide the basic landscape services to keep the conditions of these landscaped islands in a healthy, clean and well-
established state. City crews will continue to monitor and litter the contracted areas and provide any additional responses as traffic, weather, or emergencies may require.

10.2. Supervision:

10.2.1. It is the Contractor’s responsibility to furnish proper supervision of the project consisting of one employee assigned as Project Superintendent for the service areas who oversees and
coordinates the maintenance activities.

10.2.1.1. Work under this item includes:

10.2.1.1.1. Maintaining service maintenance records, the amount of the various maintenance activities
performed, the hours during which they were
performed, employees who performed the work,
location and equipment used,

10.2.1.1.2. Preparing reports,

10.2.1.1.3. Summary report of daily maintenance records,

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10.2.1.1.4. Irrigation report updates,

10.2.1.1.5. Providing on-site field supervision and verifying daily assignments of the various maintenance
activities;

10.2.1.1.6. Reporting visually obvious deficiencies of any items to the project manager e.g. damaged
traffic signs, etc.,

10.2.1.1.7. Coordinating the efforts of the different
maintenance activities to obtain the maximum
quality project appearance as well as
coordinating with other contractors,

10.2.1.1.8. Receiving direction from the project manager and adjusting schedules and the amount of
various activities to be performed.

10.2.2. Authorized Representative: Whenever the Contractor’s Project Superintendent is not present on any part of the work where it may be desirable to give direction, the direction shall then be given by the City Project Manager or designated representative, which shall be received and obeyed by the authorized representative in charge of work. An authorized representative of the Contractor shall be available at all times while the purchase order for work under these requirements is in force.

10.2.3. Emergency Contacts: The City Project Manager shall be supplied at all times with the names and telephone numbers of at least two (2) persons in charge of or responsible for the work, who can be reached for emergency work twenty-four (24) hours a day, seven (7) days a week.

10.2.4. Inspection Tours: The Project Superintendent shall be available for inspection tours of the project with the Director or designated representative.

10.2.5. Payment for supervision of work shall be deemed under various other items of work and no separate payment shall be made.

10.3. Contractor’s Initial Inspection Period

10.3.1. Initial Inspections

10.3.1.1. During the first thirty (30) days of maintenance, the Contractor shall inspect all landscape improvements. At the conclusion of the first thirty (30) days the Contractor

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shall submit a report on all plant material, turf, the
irrigation system and associated hard surfaces within the service areas. These reports are required to receive the first and any subsequent partial payments. If additional landscape improvements are added to this agreement for
maintenance, initial inspections will be required for the new areas. These supplemental reports shall be
submitted at the end of the first (30) days of maintenance of the added new areas.

10.3.2. No additional payments are made for these inspections since they will be deemed to be part of providing maintenance of landscape and other work items.

10.3.3. Landscape Areas Initial Report

10.3.3.1. Contractor shall review the landscaped areas. The Contractor’s report to the City Project Manager shall
address missing or dead plant material, the general health and vigor of each species, and potential problems. Any plant material abnormalities and/or deficiencies shall be fully described and documented (may include photographs) and located by irrigation controller and valve station.

10.3.4. Irrigation System Initial Report

10.3.4.1. After reviewing each controller, remote control valve, irrigation head, backflow device and water meter, the
Contractor’s report to the Director shall address any design problems, missing heads, damaged valves or any other
items, which in the Contractor’s opinion could hamper the functioning of the system. The report shall list each
irrigation controller and valve by station and zone.

10.3.5. Additional Landscape Reports

10.3.5.1. As additional landscape improvements are added to this agreement for maintenance, initial inspection reports will be required for the new areas. These supplemental
reports shall be submitted by the end of the first (30) days of maintenance. These reports are required to receive the first and any subsequent partial payments.

10.3.5.2. No additional payments are made for these inspection reports since they will be deemed to be part of providing maintenance of landscape and other work items.

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10.4. Failure to Perform Supervision, Maintenance and Monthly Reporting:

10.4.1. Contractor shall be expected to perform maintenance of City- owned properties, as specified, without notice or instructions from the City Project Manager. However, in case of negligence on the part of the Contractor in performing specified work included in the purchase order, the City Project Manager shall notify the Contractor in writing to perform the specified maintenance.

10.4.2. Failure to respond to said written notice, and to perform said specified maintenance within forty-eight (48) hours after receipt of said written notice, will result in the City causing the maintenance work to be done and deducting the cost thereof from the payments due the Contractor.

10.4.3. Monthly payment will be withheld until all required monthly reports have been submitted.

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BID PROPOSAL

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Right-of-Ways
Bid Sheet
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Description (Section 8) Unit Quantity
(Revocable) Unit Cost Extended
Price
1 Bascom Ave Medians
1A Landscape Service as described in Section 6.1 Each 6 1B Monthly Irrigation Report as described in 6.5 Each 12 2 Hamilton Ave Medians
2A Landscape Service as described in Section 6.1 Each 4 2B Monthly Irrigation Report as described in 6.5 Each 12 3 Hamilton Ave - Hwy 17 On Ramp Frontage
3A Quarterly Landscape Service as described in Section 6.1 Each 4 4 Winchester Blvd. Medians
4A Landscape Service as described in Section 6.1 Each 4 4B Monthly Irrigation Report as described in 6.5 Each 12 5 Campbell Ave Medians
5A Landscape Service as described in Section 6.1 Each 4 5B Monthly Irrigation Report as described in 6.5 Each 12 6 San Tomas Expressway Medians
6A Landscape Service as described in Section 6.1 Each 4 6B Monthly Irrigation Report as described in 6.5 Each 12 7 Westmont Ave Medians
7A Landscape Service as described in Section 6.1 Each 4 7B Monthly Irrigation Report as described in 6.5 Each 12 8 Creekside Way Medians
8A Landscape Service as described in Section 6.1 Each 4 8B Monthly Irrigation Report as described in 6.5 Each 12 9 Winchester/Hacienda Percolation Pond
9A Landscape Service as described in Section 6.1 Each 4 9B Monthly Irrigation Report as described in 6.5 Each 12 10 Community Facilities District #2 (Jasmine
Court/Laurance Ct )
10A Landscape Service as described in Section 6.1 Each 12 10B Monthly Irrigation Report as described in 6.5 Each 12 11 Hacienda Ave C3 Water Treatment Parkstrips
11A Landscape Service as described in Section 6.1 Each 12 11B Monthly Irrigation Report as described in 6.5 Each 12 12 Camden Ave Medians
12A Landscape Service as described in Section 6.1 Each 3 12B Monthly Irrigation Report as described in 6.5 Each 4

TOTAL BID AMOUNT
Total Bid Amount in Written Form:

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STATEMENT OF SUBCONTRACTORS

The Proposer shall list the name, address, the California contractor license number, and public works contractor registration number issued pursuant to California Labor Code Section 1725.5 of each subcontractor to whom the Proposer proposes to subcontract portions of the work, as required by California Public Contract Code Sections 4100 et seq. and the provisions in "Designation of Subcontractors" in Section 2-1.15A of the City of San José Standard Specifications.

NAME OF

SUBCONTRACT
OR

ADDRESS OF

SUBCONTRACT
OR

LICENSE

NUMBER,

CLASSIFICATION,
& DIR

REGISTRATION
NUMBER

WORK TO BE

PERFORMED BY

SUBCONTRACT
OR

DOLLAR

VALUE OF

SUBCONTRAC
T

SIGNATURE OF PROPOSER: _____________________________________________

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NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of CAMPBELL, DEPARTMENT OF PUBLIC WORKS.

In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

__________________________

SIGNATURE OF PROPOSER
__________________________
TITLE
__________________________
DATE

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DIR REGISTRATION STATEMENT
To the CITY of CAMPBELL, DEPARTMENT OF PUBLIC WORKS.

By submitting its bid, the bidder certifies to have verified that it and all subcontractors used on this public work project are registered with the State of California Department of Industrial Relations (DIR) in compliance with California Labor Code sections 1771.1 and 1725.5. The registration numbers of the Bidder and all subcontractors to be used on this project are as follows:
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ ______________________________________________________________________.

Note: The above DIR Registration Statement is part of the Bid Proposal.

Signing the Bid Proposal on the signature portion thereof shall also constitute signature of this DIR Registration Statement.

_____________________________

SIGNATURE OF BIDDER

_____________________________
TITLE

_____________________________
DATE

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CERTIFICATION REGARDING DEBARMENT
To the CITY of CAMPBELL, DEPARTMENT OF PUBLIC WORKS.

By submitting its bid, the bidder certifies in accordance with California Public Contract Code Section 6109 that neither the bidder nor any subcontractor included on the list of proposed subcontractors submitted with the bid is ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7. In accordance with California Public Contract Code Section 6109, contractors and subcontractors who are ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7 may neither bid on, be awarded or perform as a subcontractor on public works projects.

Note: The above Certification Regarding Debarment is part of the Bid Proposal.

Signing the Bid Proposal on the signature portion thereof shall also constitute signature of this Certification Regarding Debarment.

_____________________________

SIGNATURE OF BIDDER

_____________________________
TITLE

_____________________________
DATE

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PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT

In accordance with California Public Contract Code Section 10285.1, the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ______, has not ______ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including, for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in California Public Contract Code Section 10285.1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Public Contract Code Section 10285.1 Statement is part of the Bid Proposal. Signing the Bid Proposal on the signature portion thereof shall also constitute signature of this Statement.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

_____________________________

SIGNATURE OF BIDDER

_____________________________
TITLE

_____________________________
DATE

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PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

In accordance with California Public Contract Code Section 10162, the bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the proposer, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?

Yes _____ No _____

If the answer is yes, explain the circumstances in the following space.

Note: The above Questionnaire is part of the Bid Proposal. Signing this Bid Proposal on the signature portion thereof shall also constitute signature of this Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

_____________________________

SIGNATURE OF BIDDER

_____________________________
TITLE

_____________________________
DATE

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PUBLIC CONTRACT CODE SECTION 10232 STATEMENT

In accordance with California Public Contract Code Section 10232, the bidder, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the bidder within the immediately preceding two-year period because of the bidder's failure to comply with an order of a federal court which orders the bidder to comply with an order of the National Labor Relations Board.

Note: The above Statement is part of the Bid Proposal. Signing this Bid Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

_____________________________

SIGNATURE OF BIDDER

_____________________________
TITLE

_____________________________
DATE

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DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

The bidder, under penalty of perjury, certifies to the best of its knowledge and belief that, except as noted below, it and its principals:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
b) Have not, within a three (3) year period preceding this certification, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and d) Have not within a three (3) year period preceding this Bid Proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

The bidder also certifies that, if bidder later becomes aware of any information contradicting the statements above, it will promptly provide that information to the City of Campbell.
“Principals” for the purpose of this certification means any owner, partner, director, officer, and/or manager.

If there are any exceptions to this certification, insert the exceptions in the following space:

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Note: The above Certification is part of the Bid Proposal. Signing this Bid Proposal on the signature portion thereof shall also constitute signature of this Certification. Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the proposal.

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In signing this certification, I declare under penalty of perjury that the foregoing certifications are assurances are true and correct.

_____________________________

SIGNATURE OF BIDDER

_____________________________
TITLE

_____________________________
DATE

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CONTRACT DOCUMENT

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CITY OF CAMPBELL

SERVICES AGREEMENT

This Agreement is entered into at Campbell, California on the day of ______________, 202__, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and __________________ (hereinafter referred to as "Provider").

WHEREAS, City desires to
______________________________________________; and

WHEREAS, Provider represents that it has the expertise, means, and ability to perform said _______________________________________________________;

NOW, THEREFORE, in consideration of each other's mutual promises, Provider and City agree as follows:

1. DUTIES OF PROVIDER

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

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

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

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

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

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

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

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

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

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

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

2. DUTIES OF CITY

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

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

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

3. COMPENSATION

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

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

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

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

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

4. SUBCONTRACTORS

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

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

5. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings, documents, papers, data, materials, photographs, negatives and other work products prepared by the Provider and/or its subcontractors in the performance of the services encompassed in this Agreement (whether in printed or electronic format) (“project-related documents and materials) shall be the property of the City and may be used on this project without the consent of the Provider or its

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subcontractors. City acknowledges that such drawings, documents, and other items are instruments of professional services intended for use only on the subject project.

Provider agrees that all copyrights which arise from creation of the Project -related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Provider shall promptly provide to the City upon request, all finished and unfinished project -related documents and materials, produced or gathered by or on behalf of Provider that are in Provider’s possession, custody or control. Provider may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City’s right to promptly receive and use such documents and materials which are the sole and exclusive property of the City.

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

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

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

9. INSURANCE AND INDEMNIFICATION

9.1 With respect to any design professional services provided by Consultant, the Consultant agrees to indemnify, and hold harmless the CITY, its officers, and employees to the fullest extent allowed by law from any and all claims, actions, causes of action, damages, liabilities and losses, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of CITY. CITY shall not be liable for acts of Consultant in performing services described herein. Notwithstanding anything in this paragraph to the contrary, any defense costs charged to the design professional under this paragraph shall not exceed the design professional’s proportionate percentage of

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fault, except:

a. That in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with the other parties regarding unpaid defense costs in good faith effort to agree on the allocation of those costs amongst the parties; and

b. Where a project -specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis, then there shall be no limitation on the design professional's duty to provide a defense and cover the City's cost of defense.

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

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

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

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

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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 Provider in rendering services to City.

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

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

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

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

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

The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance.

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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 respects the City, its agents, officers, attorneys, employees, officials and volunteers; or the Provider shall procure a bond guaranteeing payment of losses related to investigations, claim administration, and defense expenses. Policies containing any self-insured retention provision shall provide or be endorsed to provide that the self -insured retention may be satisfied by either the named insured or the City.

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

1. General Liability and Automobile Liability Coverage:
a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be covered as additional insureds as respects:
liability arising out of this Agreement performed by or on behalf of the Provider, products and completed operations of the Provider, premises owned, occupied or used by the Provider, or automobiles owned, leased, hired or borrowed by the Provider. It is a requirement of this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth in this Agreement shall be available to the City as an additional insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is affords greater coverage.
b. The Provider's insurance coverage shall be primary
insurance as respects the City, its agents, officers, attorneys, employees, officials and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the Provider's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its agents, officers, attorneys, employees, officials, and volunteers.
d. The Provider's insurance shall apply separately to each

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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 Provider for the City.

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

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

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

Subcontractors are to be bound to contractor and to City in the same manner and to the same extent as the Provider is bound to City under this Agreement.

Subcontractors shall further agree to include these same provisions with any sub - subcontractor. A copy of this Agreement will be furnished to the subcontractor on request. The Provider shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work, and will provide proof of compliance to the City.

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

H. Verification of Coverage
Provider shall furnish the City with endorsements and certificates of insurance evidencing coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind

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coverage on its behalf. The certificates are to be on forms acceptable to the City.

Where required by statue, forms approved by the Insurance Commissioner are to be submitted. All certificates are to be received and approved by the City before work commences.

10. MISCELLANEOUS

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

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

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

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

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

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

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

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

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

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

10.11 Provider owes the City a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or participating in activities that conflict with the City’s interests in respect to the work and/or services and project. The Provider shall list current clients who may have a financial interest in the outcome of this Agreement. The Provider hereby certifies that it does not now have, nor shall it acq uire any financial or

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business interest that would conflict with the performance of services under this agreement. Provider shall not make or participate in making or in any way attempt to use Provider’s position to influence a governmental decision in which Provider knows or has reason to know Provider has a direct or indirect financial interest other than the compensation promised by this Agreement. Provider will immediately advise the City if Provider learns of a financial interest of Provider's during the term of this Agreement.

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

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: ___________
70 North First Street
Campbell, CA 95008

PROVIDER: ___________________
Attention: ___________
____________________
____________________
____________________

Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby:

PROVIDER

By__________________________________________

Title ________________________________________

CITY OF CAMPBELL

By ____________________________________________

Title ___________________________________________

Exhibit A - Scope of Services and Fees

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BOND FOR FAITHFUL PERFORMANCE

We, the undersigned , (hereinafter "contractor") and a corporation organized under the laws of the State of ___________________________________, and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell, (hereinafter "City") a municipal corporation under the laws of the State of California, in the sum of
__________________________________________________Dollars ($ ) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions:

The condition of this obligation is:

Because the obligated Contractor has, on , 2024, entered into written Contract with the City for the Project entitled “LANDSCAPE MAINTENANCE SERVICE FOR MEDIAN ISLANDS AND RIGHT-OF-WAYS ", a copy of which is attached and made a part of this bond, for the construction of the Project.

Now, therefore, if the Contractor shall faithfully perform the work in accordance with the specifications and contract documents during the original term, and any extensions of the contract which may be granted by the City, with or without notice to the surety, and if it shall satisfy all claims and demands incurred under the contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making any default, then this obligation shall be void; otherwise to remain in full force and effect.

If any legal action be filed upon this bond, it shall be filed within one year after final payment has been made under the contract excluding the warranty period, if any, provided for in the contract, and venue shall lie in the County of Santa Clara, State of California, and that surety, for value received stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed under it or the specifications accompanying it shall in any way affect its obligation on this bond, and it does by this means waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications, and thereby waives the provisions of Section 2819 of the Civil Code of the State of California.

In witness, contractor and surety have executed this agreement as of ______________, 20 24

(Contractor)

By ___________________________________

Title__________________________________

(Surety)

By ___________________________________

Address of Surety:

(Attach Acknowledgements) Surety's Bond Number___________________ (Accompany this bond with Attorney-in-fact's
(Both Principal's and authority from Surety to execute the bond, Surety's Attorney in Fact) certified to include the date of the bond.)

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BOND FOR LABOR AND MATERIAL

We, the undersigned , (hereinafter "Principal") and , a corporation organized under the laws of the State of _______________, and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell (hereinafter "City"), a municipal corporation under the laws of the State of California, in the sum of Dollars ($ ) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions:

The condition of this obligation is that the Principal entered, or is about to enter, into a certain written Contract with the City dated , 2024, for the “LANDSCAPE MAINTENANCE SERVICE FOR MEDIAN ISLANDS AND RIGHT-OF-WAYS ", a true and correct copy of which is presently on file in the office of the City Clerk of the City of Campbell, which said Contract is hereby referred to and made a part hereof.

Because Principal is required to furnish a bond in connection with the contract, providing that if Principal, or any of its subcontractors, shall fail to pay for any materials, or other supplies, or for any work or labor on the contracted work of any kind, or for amounts due under the unemployment insurance act with respect to any work or labor on this project, the Surety on this bond will pay for the debt, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court.

Now, therefore, we, , as Principal, AND , as Surety, are obligated to the City of Campbell, in the sum of $ , lawful money of the United States, for the payment of which sums will and truly to be made, we the said Principal and Surety bind ourselves, successors and assigns, jointly and severally, by these provisions.

The condition of this obligation is that if Principal, its successors or assigns, or its subcontractor, or subcontractors, shall fail to pay for any labor, materials, or other supplies, used in the performance of the work contracted to be done, or for amounts due under the unemployment insurance act with respect to this work or labor, then the Surety on this bond will pay for them, in an amount not exceeding the sum specified in this bond, and in case suit is brought upon this bond will also pay a reasonable attorney's fee, to be fixed by the court.

No prepayment or delay in payment and no changes, extensions, addition or alteration of any provision of said contract or in any specifications referred to herein, and no forbearance on the part of the City shall operate to release the Surety from liability on this bond, and consent to make such alterations without further notice to or consent by the Surety is hereby given, and the Surety hereby waives the provisions of Section 2819 of the Civil Code of the State of California.

In witness, the parties have executed this agreement as of , 2024. (Principal)
By _____________________________
(Surety)
By _____________________________
Address of Surety: _________________
________________________________
(Attach Acknowledgements) Surety's Bond Number: _____________

(Both Principal's and (Accompany this bond with Attorney-in- Surety’s Attorney in Fact) fact's authority from Surety to execute the bond certified to include the date of
the bond.)

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APPENDICES

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APPENDIX A

CONSTRUCTION WORKDAY CALENDAR

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CONSTRUCTION WORKDAY CALENDAR
2024 - 5 Day

JANUARY JULY

SUN MON TUE WED THU FRI SAT SUN MON TUE WED THU FRI SAT 683 684 685 686 807 808 809 810
1 2 3 4 5 6 1 2 3 4 5 6
687 688 689 690 691 811 812 813 814 815
7 8 9 10 11 12 13 7 8 9 10 11 12 13
692 693 694 695 816 817 818 819 820
14 15 16 17 18 19 20 14 15 16 17 18 19 20
696 697 698 699 700 821 822 823 824 825
21 22 23 24 25 26 27 21 22 23 24 25 26 27
701 702 703 826 827 828
28 29 30 31 28 29 30 31

FEBRUARY AUGUST
704 705 829 830
1 2 3 1 2 3
706 707 708 709 710 831 832 833 834 835
4 5 6 7 8 9 10 4 5 6 7 8 9 10
711 712 713 714 836 837 838 839 840
11 12 13 14 15 16 17 11 12 13 14 15 16 17
715 716 717 718 841 842 843 844 845
18 19 20 21 22 23 24 18 19 20 21 22 23 24
719 720 721 722 846 847 848 849 850
25 26 27 28 29 25 26 27 28 29 30 31

MARCH SEPTEMBER
723 851 852 853 854
1 2 1 2 3 4 5 6 7
724 725 726 727 728 855 856 857 858 859
3 4 5 6 7 8 9 8 9 10 11 12 13 14
729 730 731 732 733 860 861 862 863 864
10 11 12 13 14 15 16 15 16 17 18 19 20 21
734 735 736 737 738 865 866 867 868 869
17 18 19 20 21 22 23 22 23 24 25 26 27 28
739 740 741 742 743 870
24 25 26 27 28 29 30 29 30
31 APRIL OCTOBER
744 745 746 747 871 872 873 874
1 2 3 4 5 6 1 2 3 4 5
748 749 750 751 752 875 876 877 878 879
7 8 9 10 11 12 13 6 7 8 9 10 11 12
753 754 755 756 757 880 881 882 883
14 15 16 17 18 19 20 13 14 15 16 17 18 19
758 759 760 761 762 884 885 886 887 888
21 22 23 24 25 26 27 20 21 22 23 24 25 26
763 764 889 890 891 892
28 29 30 27 28 29 30 31

MAY NOVEMBER
765 766 767 893
1 2 3 4 1 2
768 769 770 771 772 894 895 896 897 898
5 6 7 8 9 10 11 3 4 5 6 7 8 9
773 774 775 776 777 899 900 901 902
12 13 14 15 16 17 18 10 11 12 13 14 15 16
778 779 780 781 782 903 904 905 906 907
19 20 21 22 23 24 25 17 18 19 20 21 22 23
783 784 785 786 908 909 910
26 27 28 29 30 31 24 25 26 27 28 29 30

JUNE DECEMBER
911 912 913 914 915
1 1 2 3 4 5 6 7
787 788 789 790 791 916 917 918 919 920
2 3 4 5 6 7 8 8 9 10 11 12 13 14
792 793 794 795 796 921 922 923 924 925
9 10 11 12 13 14 15 15 16 17 18 19 20 21
797 798 799 800 801 926 927 928 929
16 17 18 19 20 21 22 22 23 24 25 26 27 28
802 803 804 805 806 930 931
23 24 25 26 27 28 29 29 30 31
30 249 Working Days Prepared 10-17

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APPENDIX B

BEST MANAGEMENT PRACTICES FOR THE CONSTRUCTION INDUSTRY

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APPENDIX C

CITY’S STORM WATER POLLUTION CONTROL REQUIREMENTS

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Sections:

14.02.010 - Purpose.
(a) The U.S. Environmental Protection Agency has identified urban stormwater runoff as the leading cause of water pollution in the United States. Furthermore, both federal and state agencies have identified stormwater runoff from the city as a major source of pollution adversely impacting the beneficial uses of the South San Francisco Bay. As a result, the California Regional Water Quality Control Board, San Francisco Bay Regio n, has issued a National Pollutant Discharge Elimination System ("NPDES") permit requiring the city to establish legal authorities sufficient to protect its municipal storm drain system from certain prohibited discharges. The city is also required to implement a stormwater management program to assure that stormwater runoff from the city does not cause or contribute to a violation of the water quality standards of South San Francisco Bay. (b) The purpose of this chapter is therefore to provide minimum requirements designed to control the discharge of pollutants into the city municipal storm drain system and to assure that discharges from the city municipal storm drain system comply with applicable provisions of the Federal Clean Water Act and the current N ational Pollutant Discharge Elimination System Permit No. CA0029718 including amendments and California Regional Water Quality Control Board approvals. Enactment of this chapter falls within the scope of the city police power to protect the health, safety and welfare of its residents. Nothing in this chapter is intended to preclude more stringent federal or state regulation or any activity covered by this chapter.
(Ord. 2046 § 1(part), 2004; Ord. 1869 § 1(Exh. A)(part), 1993).

14.02.020 - Definitions.

The following words and phrases, when used in this chapter, shall be as defined in this section.

Words and phrases used in this chapter and not otherwise defined shall be as defined in the regulations promulgated by the U.S. Environmental Protection Agency t o implement the requirements of the Federal Clean Water Act, or as defined by the State Water Resources Control Board to implement the California Water Code:
"Applicable materials" mean all materials used in industrial or commercial establishments that ar e stored outdoors, that may be exposed to stormwater, and that have the reasonable potential to degrade the quality of runoff from the site. These include, but are not limited to, all materials containing cadmium, chromium, copper, lead, mercury, nickel, s elenium, silver and zinc, which are pollutants that have specifically been identified as known to contribute to impairment of applicable water quality standards. "Deemed complete" means that a project applicant has submitted a development application package for discretionary approval that is determined to be a complete and acceptable application by the community development director. Public projects are deemed complete if funding has been approved by the city council and construction has been scheduled.
"Discharge" means the discharge, addition, placement, deposit, release or dumping of any pollutant or combination of pollutants to surface waters from any point sourc e. This definition includes, but is not limited to, additions of pollutants into waters, f rom: surface runoff and discharges through pipes, sewers, channels or other conveyances owned by a state, municipality or other person which do not lead to a treatment works. "Discharge," within the meaning of this chapter, shall also mean any discharge on public or private property which results or will reasonably result in a discharge into any and all watercourses.

Such discharges represent a process whereby pollutants, debris and chemicals are placed or otherwise deposited on streets, construction sites, parking lots and other exposed surfaces and are subsequently washed off and carried away by stormwater runoff into watercourses.

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Attachment: Bid Specifications for Median Landscaping Services (Landscaping Services Contract) "Grease" means and includes fats, oils, waxes or other related constituents. Grease may be of mineral origin, including kerosene, lubricating oil and road oil. Grease may also be of vegetable or animal origin, including butter, lard, margarine, vegetable fats and oils, fats in meats, cereal s, seeds, nuts and certain fruits. Grease is generally present as, but need not be, a floatable solid, a liquid, a colloid, an emulsion, or in a solution.
"Grease generating activity" means any commercial or industrial activity that uses or produces grease on an ongoing basis.
"Grease removal device" means an interceptor or other mechanical d evice designed, constructed and intended to remove, hold or otherwise prevent the passage of grease to the (sanitary sewer or) municipal storm drain system.
"Impervious surface" means a constructed or modified surface that does not allow rainfall to percolate through to the subsoil and thus creates stormwater runoff. Impervious surface includes, but is not limited to, building rooftops, pavement, sidewalks, patios, dr iveways or other hardscape where such surfaces are not constructed with pervious materials and/or are not designed so as to have zero stormwater discharge.
"Interceptor" means a receptacle or trap designed and constructed to intercept, separate and prevent the passage of prohibited substances into the (sanitary sewer or) municipal storm drain system. "Major development or redevelopment project" means a project that creates, adds, or replaces an amount of impervious surface as defined in the current NPDES permit. "Municipal storm drain system" means and includes, but shall not be limited to, t hose facilities within the municipality by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains, which are not part of a publicly owned treatment works (POTW). "NPDES permit" means a valid National Pollutant Discharge Elimination System permit issued by the California Region al Water Quality Control Board, San Francisco Bay Region, in accordance with regulations promulgated by the U.S. Environmental Protection Agency to implement the requirements of the Federal Clean Water Act.
"Pollutants" mean and include all sewage, sewage sludge, garbage, biological materials, radioactive materials, and chemical, industrial and agricultural waste discharge into water. "Project with significant pollution potential" means any project determined by the city to be likely to have sources of pollutants on- site and/or to contribute pollutants to stormwater after project completion, based on a review of the proposed uses of or activities planned for the site. "Stormwater" means all rainfall runoff, surface runoff and drainage. "Watercourses" mean and include all natural waterways and definite channels and depressions in the earth that carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons. Watercourses include facilities owned and operated by the Santa Clara Valley Water District.
(Ord. 2046 § 1(part), 2004; Ord. 1916 § 1, 1995; Ord. 1869 § 1(Exh. A)(part), 1993).

14.02.030 - Requirements.
(a) Non-stormwater Discharges.
(1) Discharge Prohibition. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials other than stormwater. In addition, no person shall discharge or cause to be discharged into the municipal storm drain system or watercourses, any pollutants or waters containing any pollutants that cause or threaten to contribute to a violation of applicable water quality standards. It is also unlawful to discharge, or cause to be discharged into any storm drain or natural outlet or channel, any sewage, industrial

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Attachment: Bid Specifications for Median Landscaping Services (Landscaping Services Contract) waste or other polluted waters or materials without a valid NPDE S permit or written authority from the U.S. Environmental Protection Agency or its designated enforcement agent. (2) Exceptions to Discharge Prohibition. The preceding discharge prohibition in subsection (a)(1) of this section shall not apply to any disc harge that is specifically authorized by an NPDES permit to flow to a storm drain or natural outlet or channel. In addition, the California Regional Water Quality Control Board, San Francisco Bay Region, has determined that the discharge prohibition shall not apply to the following "permissible" activities: water line flushing, landscape irrigation/lawn watering, uncontaminated foundation drains, uncontaminated nonindustrial roof drains, irrigation water, uncontaminated groundwater infiltration, residential car washings, flows from firefighting, flows from potable water sources, and dechlorinated swimming pool waters. (3) Protection Against Accident Discharge. The owner or operator of a commercial or industrial establishment shall provide reasonable protec tion from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense.
(4) Report of Accidental Dis charges. Where an accidental discharge of prohibited materials or other wastes has entered the municipal storm drain system or a watercourse, such incident shall be reported to city or designated agent as soon as possible, but in no event later than twenty-four hours after such a discharge. If the accidental discharge or prohibited materials or other wastes emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on- site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. A notice shall be permanently posted in a conspicuous place on the premises of each commercial or industrial establishment advising employees of the department or agency to call in case of such an accidental discharge.
(5) Abatement of Prohibited Discharge by Responsible Party. The prohibited discharges are declared to constitute a public nu isance. Remediation and abatement of prohibited disc harges shall be the responsibility of persons causing such discharge. The city shall be advised of the abatement and shall inspect the discharge site to insure that the nuisance has in fact been abated.
(b) Watercourse Protection.
(1) Watercourse Protection Requirements. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of tr ash, debris, excessive vegetation, and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove the vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. (2) Acts Requiring Permit. No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained from the city or designated agent:
(A) Discharge into or connect any pipe or channel to a watercourse; (B) Modify the natural flow of water in a watercourse; (C) Carry out development within a setback designed in whole or in part to protect a watercourse;
(D) Deposit in, plant in, or remove any material from a w atercourse, including its banks, except as required for necessary maintenance;
(E) Construct, alter, enlarge, connect to, change or remove any structure in a watercourse; or

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Attachment: Bid Specifications for Median Landscaping Services (Landscaping Services Contract) (F) Place any loose or unconsolidated material along the side of or within a watercourse or so close to a side as to cause a diversion of the flow, or to cause a probability of such material being carried away by stormwater passing through such watercourse. (c) Outdoor Storage of Materials.
(1) Proper Outdoor Storage of Materials Required. All applicable materials stored outdoors at a commercial or industrial establishment shall be managed in a manner that minimizes the discharge of pollutants to stormwater and as is required to meet water quality standards.

Establishments covered by the general NPDES permit for stormwater discharges associated with industrial activities that has been promulgated for Santa Clara County by the California Regional Water Qualit y Control Board, San F rancisco Bay Region, shall address this requirement in applicable provisions of their stormwater pollution prevention plan. (2) Protection Against Accidental Discharge. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of applicable materials to the municipal storm drain system or watercourses. Specifically, secondary containment systems or equivalent measures approved by the fire department shall be provided for all applicable materials that are liquids. All facilities to prevent the accidental discharge of applicable materials to the municipal storm drain system and watercourses shall be provided and maintained at the owner or operator's expense.
(3) Report of Accidental Disc harge to the Storm Drain. Where applicable materials have entered the municipal storm drain system or a watercourse due to an accidental discharge at a commercial or industrial establishment, the owner or operator of such establishment shall report such incident to public works department as soon as possible, but in no event later than twenty - four hours after such a discharge. The owner or operator of such establishment shall also retain an on- site written record of all accidental disc harges of applicable m aterials (whether or not such discharge actually entered the municipal storm drain system or a watercourse) and the actions taken to prevent their recurrence. Such records shall be retained for at least five years.

A notice shall be permanently posted in a conspicuous place on the premises of each commercial or industrial establishment advising employees of the department or agency to call in case of such an accidental discharge.
(d) Grease Disposal and Control.
(1) Grease Disposal Prohibited. No person shall dispose of any grease, or cause any grease to be disposed, by discharge into any drainage piping, (any public or private sanitary sewer), any part of the municipal storm drain system, or any land, street, public way, river, str eam or other watercourse.
(2) Grease Removal Device Required. The owner or operator of every newly constructed, remodeled or converted commercial or industrial establishment with one or more grease generating activities shall install or cause to be installed for each grease generating activity, a grease removal device (of an approved design) for preventing the passage of grease to the municipal storm drain system and watercourses.
(3) Maintenance of Grease Removal Devices Required. The contents of all grease removal devices shall be removed periodically as necessary to prevent a violation of this chapter. At a minimum, the contents shall be removed every ninety days. All grease removal devices shall be kept in good repair, and shall be maintained in cont inuous operation at th e owner or operator's expense.
(e) New Development/Redevelopment.
(1) Stormwater Management Required for Major Projects. Every applicant for a building permit and/or grading permit for a major development or redevelopment project shall identify the potential for stormwater to be discharged from the project site following completion of construction activity and shall demonstrate that the plans, drawings or specifications for such project include the installation of management techni ques, practices, and c ontrol measures designed to mitigate the potential adverse impacts of stormwater that may be discharged from

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Attachment: Bid Specifications for Median Landscaping Services (Landscaping Services Contract) the project site on an ongoing basis including stormwater treatment measures. In addition, applicants for building and/or grading permits for projects with significant pollution potential may be required to demonstrate that sources of pollutants will be controlled on- site with appropriate measures. The stormwater management techniques, practices, and control measures shall be selected, designed, and maintained in accordance with the city's current NPDES permit requirements and the city's Stormwater Management Manual. (2) Issuance Permits. The city shall not issue a building permit and/or grading permit for a major development or redevelopment projec t or a project with significant pollution potential until it has reviewed the mitigation measures proposed by the applicant pursuant to subsection (e)(1) of this section, where appropriate, and determined that they are sufficient to address the potential adverse impacts of stormwater that may be discharged from the project site on an ongoing basis.
(3) Occupancy. The building official shall not issue a certificate of occupancy or other equivalent permit for a major development or redevelopment project or a project with significant pollution potential until it has determined that the mitigation measures identified in the building permit and/or grading permit issued for such project have been adequately implemented and that appropriate arrangements have been made to ensure that these management techniques, practices and control measures will be maintained on an ongoing basis in accordance with the city's current NPDES permit requirements and the city's Stormwater Management Manual. (Ord. 2046 § 1(part), 2004; Ord. 1869 § 1(Exh. A)(part), 1993).

14.02.040 - Enforcement—Violation—Penalties.
(a) Criminal Penalties. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by imprison ment for a term not to exceed six months or by a fine not to exceed one thousand dollars or by both. Each and every violation of this chapter shall constitute a separate offense. Every day each such violation continues shall be an additional offense.
(b) Civil Penalties. Any person who violates any provision of this chapter shall be civilly liable to the city in a sum not to exceed one thousand dollars per day for each day in which the violation occurs. Each and every violation of this chapter shall const itute a separate offense. Every day each such violation continues shall be an additional offense.
(c) Civil Liability. Any person who violates any provision of this chapter shall be civilly liable to the city for all costs, including attorney's fees, ass ociated with the investigation and remediation of environmental conditions caused by the discharge of pollutants into the municipal storm drain system or watercourse in violation of this chapter.
(d) Remedies Cumulative. The remedies provided for in this chapter are cumulative and not exclusive and shall be in addition to any and all other remedies available to the city under state and federal law.
(e) Public Nuisance. The discharge of pollutants and related applicable materials into any municipal storm drain system or other watercourses, in violation of any provision of this chapter, is declared to be a public nuisance and shall be subject to any and all remedies available, pursuant to city, state and federal law, including but not limited to injunctive relief. The director of public works may record with the county recorder's office a declaration of nuisance for the particular parcel so noticed. (Ord. 1930 § 3, 1995; Ord. 1916 § 2, 1995; Ord. 1869 § 1(Exh. A)(part), 1993).

14.02.050 - Inspection.

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Attachment: Bid Specifications for Median Landscaping Services (Landscaping Services Contract) (a) During Regular Business Hours. Every business establishment that is open to the public shall permit agents of the city to inspect their premises for compliance with this chapter at any time the business is open to the public.
(b) Other Times. Notwithst anding subsection (a) of this section, agents of the city may inspect any property for compliance with this chapter upon providing the owner and occupants of the property at least twenty-four hours' advance notice of the inspection in the following manner:
(1) A notice shall be conspicuously posted on the property to be inspected, specifying the date, time and reason for the proposed inspection and setting forth a telephone number with directions for the residents or property owners to call for further information; and (2) If the identity and address of the owner is known, such owner shall be notified of the proposed inspection by first class mail, setting forth the same information required by subsection (b)(1) of this section.
(c) Provisions Supplemental. The inspection provisions set forth in this section are intended to supplement, and not supersede, any existing authority for inspection by city officials. In the event that any provision of this section is found by a court of competent jurisdiction to be void or unenforceable, the remaining portions shall remain in full force and effect. (Ord. 1947, 1997).

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Attachment: Bid Specifications for Median Landscaping Services (Landscaping Services Contract)

D-1

APPENDIX D

CALIFORNIA PREVAILING WAGE RATES

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Attachment: Bid Specifications for Median Landscaping Services (Landscaping Services Contract)

GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 Craft: Landscape Maintenance Laborer
(Applies Only to Routine Landscape Maintenance Work, Not New Landscape Construction) 1 Determination:

NC-LML-2024-1
Issue Date:

February 22, 2024
Expiration date of determination:

March 31, 2024* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Office of the Director – Research Unit (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued.

Wages and Employer Payments:

Locality
Basic
Hourly
Rate
Health
and
Welfare
Pension Vacation Holiday Training Hours Total
Hourly
Rate
Overtime
Hourly
Rate
(1 ½ X)
Alameda $16.00 $0.43 $0.00- $0.14a $0.24 $0.00- 8.0 $16.81b $24.81b Alpine, El Dorado (routine work) $16.00 $0.00- $0.00- $0.12 $0.14 $0.00- 8.0 $16.26 $24.26 Alpine, El Dorado (complex work) $16.00 $0.00- $0.00- $0.14 $0.16 $0.00- 8.0 $16.30 $24.30 Amador $16.00 $0.00- $0.00- $0.16 $0.06 $0.00- 8.0 $16.22 $24.22 Butte, Glenn and Plumas $16.00 $0.16 $0.00- $0.13c $0.05 $0.00- 8.0 $16.34b $24.34b Calaveras $16.00 $0.00- $0.00- $0.10 $0.12 $0.00- 8.0 $16.22 $24.22 Colusa and Sutter (routine work) $16.00 $0.00- $0.00- $0.12 $0.14 $0.00- 8.0 $16.26 $24.26 Colusa and Sutter (complex work) $16.00 $0.00- $0.00- $0.14 $0.16 $0.00- 8.0 $16.30 $24.30 Contra Costa $16.00 $0.00- $0.00- $0.00- $0.12 $0.00- 8.0 $16.12 $24.12 Del Norte and Humboldt $16.00 $0.00- $0.00- $0.25 $0.07 $0.00- 8.0 $16.32 $24.32 Fresno (routine work) $16.00 $0.00- $0.00- $0.11 $0.00- $0.00- 8.0 $16.11 $24.11 Fresno (complex work) $16.00 $0.00- $0.00- $0.19d $0.19 $0.00- 8.0 $16.38b $24.38b Kings $16.00 $0.00- $0.00- $0.25e $0.25 $0.00- 8.0 $16.50b $24.50b Lake and Mendocino (routine work) $16.00 $0.00- $0.00- $0.13f $0.03 $0.00- 8.0 $16.16b $24.16b Lake and Mendocino (complex work) $16.00 $0.00- $0.00- $0.14g $0.03 $0.00- 8.0 $16.17b $24.17b Lassen, Modoc, Shasta, Siskiyou and Trinity $16.00 $0.00- $0.00- $0.31 $0.09 $0.00- 8.0 $16.40 $24.40 Madera, Mariposa and Merced (routine work) $16.00 $0.00- $0.00- $0.115 $0.115 $0.00- 8.0 $16.23 $24.23 Marin $16.00 $0.00- $0.00- $0.00- $0.12 $0.00- 8.0 $16.12 $24.12 Monterey (routine work) $16.00 $0.00- $0.00- $0.14 $0.22 $0.00- 8.0 $16.36 $24.36 Monterey (complex work) $16.00 $0.00- $0.00- $0.16 $0.25 $0.00- 8.0 $16.41 $24.41

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Attachment: Bid Specifications for Median Landscaping Services (Landscaping Services Contract) Determination: NC-LML-2024-1