Campbell City Council
July 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, July 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

COMMUNICATIONS AND PETITIONS

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

COUNCIL ANNOUNCEMENTS

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

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

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

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

3. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $4,101,689.69.

4. Acceptance of EECBG Grant (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution authorizing the acceptance of Energy Efficiency and Conservation Block Grant (EECBG) funds for the Climate Action and Adaptation Plan.

5. Approve and Award a One -Year Service Contract to Brightview Tree Care Services, Inc., in the Increased Amount of $127,765, for Median Landscaping Services in FY 2025, with the Option to Renew Up to Four Additional One -Year Contract Extensions, for a Total of Up to Five Years, and the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100 (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution: 1) approving and awarding a one -year service contract to Brightview Tree Care Services, Inc., in the increased amount of $127,765, for median landscaping services in FY 2025, and the option to renew up to four (4) additional one-year contract extensions, for a total of up to five years, and subsequent contract amounts not to exceed the amount of funds programmed each fiscal year in the Public Works Parks Maintenance Operating Budget (207.775.7432) during that five -year term limit, and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

6. Authorization to Issue Request for Proposals for Consultant Services for Hamilton Avenue/Highway 17 Bicycle Overcrossing Feasibility Study (CIP No. 24-YY) (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing the issuance of a Request for Proposal (RFP) for consultant design services for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Feasibility Study, approve a consultant services agreement, and authorize the City Manager to execute an agreement with the selected design consultant in an amount not to exceed $260,000.

7. Resolution Authorizing the Execution of a Purchase Order with Ford Credit Municipal Finance, in the Amount of $67,131, for the Procurement of Three (3) Police Vehicles from Folsom Lake Ford, by Way of the California E - Procurement Statewide Contract, and as Programmed in the Approved Public Works Vehicle and Equipment Maintenance Operating Budget for FY 25, and Approving the Issuance of Subsequent Purchase Orders for Four (4) Additional Years, in the Total Amount of $335,655, for Their Associated Financing Costs Over a Five-Year Term (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution: 1) authorizing the execution of a purchase order with Ford Credit Municipal Finance, in the amount of $67,131, for the procurement of three (3) police vehicles from Folsom Lake Ford, by way of the California E -Procurement Statewide Contract, and as programmed in the approved Public Works Vehicle and Equipment Maintenance Operating Budget for FY 25, and 2) approving the issuance of subsequent purchase orders for four (4) additional years, in the total amount of $335,655, for their associated financing costs over a five-year term.

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.

8. Public Hearing to Consider an Appeal of the Planning Commission’s Approval of a Conditional Use Permit with Site and Architectural Review (PLN-2023-1) to Allow the Construction of a 75-Foot Wireless Facility Tower Designed to Resemble a Eucalyptus Tree on Property Located at 2633 S.

Bascom Avenue. The Project Requests an Exception to Zoning Regulations to Exceed the Allowable Height Limit (35 Feet). File No.: PLN-2 024-103. (Resolution/Roll Call Vote)
Recommended Action: Adopt a Resolution, denying the appeal and upholding the Planning Commission’s approval of a Conditional Use Permit with Site and Architectural Review (PLN-2023-1) to allow the construction of a 75-foot wireless facility tower designed to resemble a eucalyptus tree on property located at 2633 S. Bascom Avenue within the NC (Neighborhood Commercial) Zoning District.

The project requests an exception to zoning regulations to exceed the allowable height limit (35 feet), and finding the project Categorically Exempt under Section 15301 of the California Environmental Quality Act.

9. Public Hearing to Consider the Request of the PulteGroup, Inc. to Allow the Construction of a 108-Unit Housing Development Project, Inclusive of 18 Detached Single-Family Homes and 90 Townhome-Style Condominium Units Across 12 Buildings with Associated Site Improvements, Including an 8-Foot Wall; Creation of 30 Residential Lots, 12 Common Lots, and Related Public and Private Easements; and Use of Density Bonus Law Waivers and a Concession from the Zoning Code and Multi-Family Development Design Standards (MFDDS), on Property Located at 251 Llewellyn Avenue. the Application(S) Under Consideration Includes a Major Housing Development Project Permit and Tentative Vesting Subdivision Map, with Use of Density Bonus Law (DBL) Submitted Under an SB-330 Pre-Application Filed in Compliance with Gov. Code § 65941.1. File No.: PLN-2 023-164. (Resolution/Roll Call Vote)

Recommended Action: The Planning Commission recommends that the City Council adopt a resolution approving a Major Housing Development Project Permit, incorporating waivers and a concession under State Density Bonus Law, and a Tentative Vesting Subdivision Map to allow the construction of a 108 -unit housing development project.

10. Lighting and Landscaping District LLA -1, Fiscal Year 2024 -25 - Confirming Assessments (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution overruling protests, if any, approving the Engineer's Report, ordering the improvements, and confirming the diagram and assessments.

11. Public Hearing to Consider an Interim Ordinance to Adopt Urgency Measures to Implement Senate Bill No. 684 (2023), Which Allows for Streamlined Approval of 10 or Fewer Residential Units on Lots Zoned for Multifamily Residential Development and Extending Ordinance No. 2312 Which Established Urgency Measures to Implement Senate Bill No. 4 (2023), Which Allows for Housing on Lands Owned by Qualifying Faith - Based and Higher Educational Institutions. (Ordinances / Roll Call Vote) Recommended Action: It is recommended that City Council: (1) Adopt an Interim Ordinance to adopt urgency measures to implement Senate Bill No. 684 (2023) to allow for streamlined approval of 10 or fewer residential units on lots zoned for multifamily residential development, superseding those previously established by Ordinance No. 2311; and (2) Adopt Ordinance to extend Interim Ordinance No. 2312 which established urgency measures to implement Senate Bill No. 4 (2023) to allow for housing on lands owned by qualifying faith -based and higher educational institutions.

12. Introduction of Ordinance Amending Chapter 3.09, of Title 3 of the Campbell Municipal Code Imposing a Transactions and Use (Sales) Tax to be Administered by the California Department of Tax and Fee Administration (Ordinance/Roll Call Vote)
Recommended Action: If, after due consideration of staff information and public feedback, the Council would like to place a general purpose 1/2 cent Transactions and Use (Sales) Tax measure on the November 5, 2024 ballot to provide the City with a significant and ongoing increase in revenues, it is recommended that the City Council introduce the attached ordinance Amending Chapter 3.09, of Title 3 of the Campbell Municipal Code enacting an additional 1/2 cent Transaction and Use Tax for maintenance of vital City services to be administered by the California Department of Tax and Fee Administration.

NEW BUSINESS

13. Resolution Authorizing an Ad Valorem Tax Levy Based on a Debt Service Estimate to be Provided to Santa Clara County Regarding General Obligation Bonds for Fiscal Year 2024-25 (Resolution/Roll Call Vote)

Recommended Action: That the City Council adopt a resolution authorizing an ad valorem tax levy based on a debt service estimate to be provided to Santa Clara County regarding general obligation bonds for Fiscal Year 2024-25.

14. Proposed Modifications to the Campbell Community Center Building Use Policy and Amendment to the Fee Schedule for FY25 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving the modifications to the Campbell Community Center Building Use Policy, and amendments to the FY25 Fee Schedule.

UNFINISHED BUSINESS

15. Public Hearing to Consider Authorizing the Distribution of a Revised Request for Proposals (RFP) for Consultant Services to Support the Development of the Hamilton Avenue Precise Plan (PLN -2023-138) (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the release of a revised Request for Proposals (RFP) for consultant services to support the development of the Hamilton Avenue Precise Plan.

COUNCIL COMMITTEE REPORTS

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

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

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

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

CITY COUNCIL EXECUTIVE SESSION
Tuesday, July 2, 2024 – 5:15 p.m.

Ralph Doetsch Conference Room
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).

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

Vice Mayor Lopez arrived late at 5:19 p.m.

PUBLIC COMMENT
There was no public comment.

MOVE INTO CLOSED EXECUTIVE SESSION

CITY COUNCIL EXECUTIVE SESSION
A. Personnel – Pursuant to G.C. Section 54957: Public Employee Performance Evaluation – City Clerk

Pursuant to G.C. Section 54957: Public Employee Performance Evaluation – City Attorney

B. Litigation

C. Real Property

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Minutes Acceptance: Minutes of Jul 2, 2024 5:15 PM (CONSENT CALENDAR)

Minutes of July 2, 2024 City Council Meeting Page 2
D. Labor Negotiations – Pursuant to G.C. Section 54957.6: Conference with Labor Negotiator - Agency Designated Representatives: City Council and City Clerk Performance/Compensation Subcommittee Members: Sergio Lopez and Susan M. Landry
Unrepresented Employee: City Clerk

Pursuant to G.C. Section 54957.6: Conference with Labor Negotiator - Agency Designated Representatives: City Council and City Clerk Performance/Compensation Subcommittee Members: Sergio Lopez and Susan M. Landry
Unrepresented Employee: City Attorney

The City Council met in Executive Session to discuss items A - Personnel and D – Labor Negotiations.

City Attorney Seligmann, and City Clerk Sanders were in attendance.

ADJOURN
Mayor Landry adjourned the meeting at 6:40 PM
APPROVED:

ATTEST:

Susan M. Landry, Mayor

Andrea Sanders, City Clerk

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Minutes Acceptance: Minutes of Jul 2, 2024 5:15 PM (CONSENT CALENDAR)

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

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, July 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.campbellca.gov/agendacenter.

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

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 Recreation and Community Services Department staff in recognition of Park and Recreation Month.

Mayor Landry presented the Staff a certificate of appreciation for leading the Pledge of Allegiance.

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Proclamation Declaring July 2024 as Park and Recreation Month Recommended Action: Issue a proclamation declaring the month of July 2024 as National Park and Recreation Month for the City of Campbell.

Mayor Landry recognized Recreation and Community Services staff in attendance: Natasha Bissell, Lauren Merriman, Lauren Council, Iseth Rae, Tina Wong-Erling, Liz Simonovich, Gayathri Balasubramanian; and Kayla Nakamoto.

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Minutes of July 2, 2024 City Council Meeting Page 2
Mayor Landry read from the proclamation declaring the month of July 2024 as National Park and Recreation Month for the City of Campbell and presented it to staff.

Recreation and Community Services Director Bissell thanked the City Council for the recognition and highlighted the importance of Recreation and Community Services programs.

The City Council gave congratulatory comments to staff and spoke in support of Park and Recreation Month.

COMMUNICATIONS AND PETITIONS
There were no communications or petitions.

ORAL REQUESTS

The following individuals spoke in support of the City Council abstaining from adopting a ceasefire resolution for Gaza:

Inga, works in Campbell.

David Mooso, former City of Campbell employee
John Sperry, Campbell resident
Cheryl Graubart, Campbell resident
Seema Cicerone, Campbell resident
Roy Shay
Miriam B.

Matan Jackout
Elisheva Basseri
Likbin Khoo
Jenny Green
Melinda, Campbell resident

The City Council thanked everyone for their comments and for coming.

COUNCIL ANNOUNCEMENTS
City offices will be closed for business this Thursday, July 4 in observance of Independence Day. Police and emergency services will remain open.

The City Clerk’s office is accepting applications for the Planning and Civic Improvement Commissions and the Bicycle and Pedestrian Advisory Committee. To find out more, please contact the City Clerk’s office at (408) 866 -2117 or visit the city’s website at campbellca.gov. The deadline to apply is Friday, August 2.

The City is focused on the needs of its community members in the development of its Climate Action Plan. We want to hear about your concerns regarding the climate and your thoughts on what we can do. You can help by participating in a short 10 -minute 2 Packet Pg. 9
Minutes Acceptance: Minutes of Jul 2, 2024 7:00 PM (CONSENT CALENDAR)

Minutes of July 2, 2024 City Council Meeting Page 3
survey. The survey can be found at campbellca.gov/climatesurvey through the end of July.

Recreation swim is available to help cool off during the heat this week. Open to all ages Tuesday through Friday 1:30pm – 3:30pm, Saturday 2:00pm – 4:30pm. Space is limited, advanced online registration and payment is required. For more information please visit the city’s website at campbellca.gov.

July is Park and Recreation Month! Help us celebrate by attending one of the many events to celebrate all the wonderful services we offer. Upcoming free events include:

Plein Air – bring your easel and paints and join us in front of the Heritage Theatre to paint your version of the building on July 9 from 9:00am-11:00am.

Movie Night – Come watch Wonka under the stars at John D. Morgan Park in the baseball field on Friday, July 12 from 8:00pm – 11:00pm.

Free Day at the Ainsley House – explore the Ainsley House for free on Saturday, July 13 from 11:00am – 3:00pm.

The Campbell Adult Center offers a range of supportive services for older adults and their families, such as: case management, health insurance advocacy, free legal services, caregiving consultations and technology tutoring. Services are free of charge and do not require Adult Center membership. For more information or to schedule an appointment, contact the Adult Center at (408)866-2146.

Access the library 24/7. Get a library card it’s easy and free. With a library card, you will get free access to resources and services, borrow books, music, and movies; conduct research, get homework help and gain free entrance to state parks, bay area museums and galleries. To apply, visit www.sccld.org.

211 is a free, confidential service that connects you to expert care help in your area.

Whether you need food, housing, mental health, or other resources, call 211 or find a local 211 near you.

CONSENT CALENDAR

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

Councilmember Bybee commented on Item eight, stating that if the City Council approves the amended Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority (SVACA) adding the Town of Los Gatos as a Member Agency, it will result in a 22% cost saving to the City.

Item three was pulled from the Consent Calendar.

The Consent Calendar was considered as follows:
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Minutes Acceptance: Minutes of Jul 2, 2024 7:00 PM (CONSENT CALENDAR)

Minutes of July 2, 2024 City Council Meeting Page 4

2. Minutes of City Council Executive Meeting of June 18, 2024 Recommended Action: Approve the executive session meeting minutes of June 18, 2024.

This action approves the executive session meeting minutes of June 18, 2024.

4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $1,637,896.56.

This action approves the bills and claims in the amount of $1,637,896.56 as follows: bills and claims checks dated June 3, 2024, in the amount of $1,072,458.27; payroll checks dated June 6, 2024, in the amount of $76,143.32; and bills and claims checks dated June 10, 2024, in the amount of $489,294.97.

5. Monthly Investment Transactions Report (May 2024)
Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for May 2024.

This action reviews and accepts the Monthly Investment Transactions Report for May 2024.

6. Monthly Treasurer's Report (May 2024)
Recommended Action: That the City Council review and accept the Monthly Treasurer’s Report for the month ended May 31, 2024.

This action reviews and accepts the Monthly Treasurer's Report for the month ended May 31, 2024.

7. Second Reading of Ordinance 2310 Adjusting City Council Compensation (Ordinance/Roll Call Vote)
Recommended Action: That the City Council approve the second reading to adopt Ordinance No. 2310 adjusting the amount of Councilmember compensation, within the limits set forth by Government Code Section 36516.

Ordinance 2310 adjusting the amount of Councilmember compensation, within the limits set forth by Government Code Section 36516.

8. JPA Addition of Los Gatos to SVACA and Associated Budget Adjustment to Reflect Savings for City of Campbell (Resolution/Roll Call Vote) Recommended Action: It is recommended that the City Council approve and authorize the City Manager to execute the revised third restated and amended Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority (SVACA) adding the Town of Los Gatos as a Member Agency and to approve an associated budget adjustment which reflects savings to the City of Campbell.

Resolution 13180 approves and authorizes the City Manager to execute the revised third restated and amended Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority (SVACA) adding the Town of Los Gatos 2 Packet Pg. 11
Minutes Acceptance: Minutes of Jul 2, 2024 7:00 PM (CONSENT CALENDAR)

Minutes of July 2, 2024 City Council Meeting Page 5
as a Member Agency and to approve an associated budget adjustment which reflects savings to the City of Campbell.

M/S: Bybee/Lopez - That the City Council approve the Consent Calendar, with the exception of Item three. The motion was adopted by the following roll call vote:

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

ITEMS CONSIDERED SEPARATE FROM THE CONSENT CALENDAR

3. Minutes of City Council Regular Meeting of June 18, 2024 Recommended Action: Approve the regular meeting minutes of June 18, 2024 Councilmember Scozzola stated he pulled the minutes to include his comments related to Item 12 (City Council Compensation), noting that he was in support of the full increase as it is an incentive to encourage residents to serve their local government and bring the salary closer to minimum wage.

Councilmember Bybee spoke against amending the minutes as per policy, City Council approved minutes are action minutes.

Councilmember Scozzola made a motion to approve the regular meeting minutes of June 18, 2024 as amended. The motion failed due to lack of a second.

M/S: Furtado/Lopez – To approve the regular meeting minutes of June 18, 2024.

The motion was adopted by the following roll call vote:

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

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

9. Placing the Cost of Abating Hazardous Vegetation on the Property Tax Assessment Roll (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution placing the cost of abating hazardous vegetation on the property tax assessment roll.

This is the time and place for a public hearing to consider placing the cost of abating hazardous vegetation on the property tax assessment roll.

Community Development Director Eastwood presented a staff report dated July 2, 2024. He noted County of Santa Clara Weed Abatement Manager Mo Kumre was in attendance to answer any questions.
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Minutes Acceptance: Minutes of Jul 2, 2024 7:00 PM (CONSENT CALENDAR)

Minutes of July 2, 2024 City Council Meeting Page 6

Following Council questions, Mayor Landry opened the public hearing and asked if anyone wished to speak.

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

Councilmember Furtado asked about program revisions, stating for the record that it was not mandatory for residents to remain on the list if their properties were remedied of weeds.

SCC Weed Abatement Manager Kumre confirmed the County has been working with the City on policy revisions and stated that residents now receive a warning notification allowing them an opportunity to remove the hazardous vegetation prior to being placed on the Weed Abatement List.

After discussion, M/S: Bybee/Lopez – That the City Council adopt resolution 13181 placing the cost of abating hazardous vegetation on the property tax assessment roll. The motion was adopted by the following roll call vote:

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

NEW BUSINESS
There were no new business items.

UNFINISHED BUSINESS

10. Discussion to Consider Options for Utilizing the City's Remaining American Rescue Plan Act (ARPA) Funds
Recommended Action: That the City Council discuss and consider options to utilize the City's remaining American Rescue Plan Act (ARPA) funds by the December 31, 2024 obligation deadline and the December 31, 2026 spending deadline as set forth by the U.S. Treasury Department.

City Manager Loventhal and Finance Director Fuentes presented a staff report dated July 2, 2024. Staff highlighted potential projects to use ARPA funding on.

Councilmember Bybee commented on using some of the funds to upgrade the HVAC and Chiller system to provide a more comfortable temperature in the Council Chambers.

Councilmembers asked questions related to the Safe Parking program and the Parklet program.

Staff presented the following items for City Council consideration:
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Minutes of July 2, 2024 City Council Meeting Page 7

Silicon Valley Safe Park Program – a majority of the City Council had general support for this project, with certain limitations related to car maintenance funding.

West Valley Homeless Shelter Feasibility Study – there was full Council support for this item.

Providing some level of support to the Downtown Campbell Business Association (DCBA) for events that benefit the community - there was general Council support for a one-time donation to support the DCBA.

Universal Basic Income (UBI) Program – the City Council was not supportive of this program.

Buy down of at risk Below Market Rate units – the City Council was not supportive of this program.

Hotel Voucher Program for Unhoused – there was general support for this item.

Expansion of Parklet Grant Program – the City Council expressed support of the item, but clarified the additional funding should be made available to those who originally expressed interest in the Parklet program and not for new businesses that were not initially interested in the program.

City Facilities Roof Replacement (Project 24TT) – the City Council expressed support for this item.

Campbell PDA Enhancements - Civic Center Dr. at 2 nd and 3rd Street – the City Council expressed full support of this item.

Mayor Landry asked if anyone from the public wished to speak.

Steve Saunders, Campbell resident, spoke in support of the staff recommendations and requested that any leftover ARPA funds could be used to do something for the Recreation and Community Services Department.

Sophia Commisso, Campbell resident requested that ARPA funding be used to install baby changing tables in the City Hall restrooms.

Ken Johnson, Campbell Chamber of Commerce Executive Director, spoke in support of the extra funding for DCBA and requested the City Council review their Special Event Permit and Fee Waiver policies.

Council directed staff to return with information related to the remaining ARPA funding, such as, the possibility of upgrading the HVAC and Chiller for the Council Chambers and upgrades to the Recreation Skate Park. Councilmembers 2 Packet Pg. 14
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expressed support for projects that benefitted the community. Other suggestions for the remaining funds included additional senior or other free meal programs, additional funding for building maintenance, 1 -2 year funding of the Unhoused Specialist position, resident direct assistance programs, traffic calming at Budd Ave., improvements to the Orchard City Green and adding additional funding to approved ARPA projects.

Council noted for any programs that did not need or want the funding that those funds would be brought back in a timely manner to assure the ARPA funds could be spent on other City programs or projects.

COUNCIL COMMITTEE REPORTS

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

Councilmember Furtado attended the Association of Bay Area Governments General Assembly meeting; Campbell Stakeholders meeting to review the Campbell Community Assessment Survey for older adults hosted by Senior Services Supervisor Tina Wong -Erling; and participated in the Law Enforcement Torch Run.

Councilmember Scozzola viewed the Law Enforcement Torch Run; attended the Campbell Historical Museum and Ainsley House Foundation meeting; the Friends of the Heritage Theatre meeting; and the Downtown Campbell Business Association (DCBA) Car Show event.

Mayor Landry attended the DCBA Car Show; attended the Law Enforcement Torch Run, painted a rock for the Kindness Rock Garden in remembrance of her mother who recently passed.

ADJOURN
Mayor Landry adjourned the meeting at 9:12 PM in memory of her mother, Nancy Kring.

APPROVED:

ATTEST:

Susan M. Landry, Mayor

Andrea Sanders, City Clerk

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Minutes Acceptance: Minutes of Jul 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 $4,101,689.69.

DISCUSSION

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

Type Check Date Amount
Bills & Claims June 17, 2024 $477,034.66
Payroll June 20, 2024 $34,746.20
Bills & Claims June 24, 2024 $3,589,908.83
Total $4,101,689.69

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: 3
Category: CONSENT CALENDAR
Meeting Date: July 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: Acceptance of EECBG Grant (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution authorizing the acceptance of Energy Efficiency and Conservation Block Grant (EECBG) funds for the Climate Action and Adaptation Plan.

BACKGROUND

At the February 6, 202 4, meeting, the City Council adopted Resolution 13112 authorizing the Community Development Director to apply for Energy Efficiency and Conservation Block Grant (EECBG) program funds for the Climate Action and Adaptation Plan. The City subsequently applied for the grant on March 20, 2024, and on June 14, 2024, received an award notification from the U.S. Department of Energy (DOE).

DISCUSSION

The City is preparing a Climate Action and Adaptation Plan and sufficient funds have already been committed by the City to support the preparation of the plan. The $76,540 formula award through EECBG presents an opportunity for federal funding to financially support portions of the plan, reducing the City’s cost.

Grant funds will be used to support key activities related to energy planning – stakeholder engagement, education, and outreach; developing the goals and strategies; and writing, adopting, and publicizing the plan.

Acknowledgement of the award documents in the electronic system used by DOE (i.e.:

FedConnect) constitutes the Recipient's electronic signature and acceptance of the terms and conditions of this award (Exhibit C).

FISCAL IMPACT

On June 20, 2023, the City Council adopted the FY 2024 budget approving the appropriation of $300,000 for the development of the Climate Action and Adaptation Plan. The $76,540 grant funds from EECBG would offset funds needed from the General Fund to support the development of the Plan. These grant funds have already Item: 4
Category: CONSENT CALENDAR
Meeting Date: July 16, 2024
4 Packet Pg. 18
Acceptance of EECBG Grant Page 2 of 2
been programmed into the FY 2025 Adopted Budget and no budget adjustments are needed at this time. Furthermore, there are no matching funds required by the grant.

ALTERNATIVES

1. Do not accept the grant

2. Provide other direction

Prepared by:

Tiffany Hudson, Environmental Program
Specialist

Reviewed by:

Rob Eastwood, Community
Development Director

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution - Authorization to Accept EECBG Program Funds b. CC Resolution 13112
c. Exhibit C - Special Terms and Conditions
4 Packet Pg. 19
RESOLUTION NO. ___________

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

AUTHORIZING THE ACCEPTANCE OF ENERGY EFFICIENCY AND

CONSERVATION BLOCK GRANT (EECBG) FUNDS FOR THE CLIMATE ACTION AND ADAPTATION PLAN.

WHEREAS, as part of the 2040 General Plan update process, climate change was identified as an area of importance, with a focus on reducing greenhouse gas emissions from City and community operations;

WHEREAS, on April 18, 2023, the City Council adopted the 2040 General Plan which included Policy COS-10.c which states “Prepare a Climate Action Plan that establishes GHG reduction targets that are consistent with Statewide GHG reduction goals, and includes an implementation program to achieve the reduction targets.”

WHEREAS, $300,000 was previously appropriated in the FY 2024 budget for the development of the Climate Action and Adaptation Plan;

WHEREAS, at its February 20, 2024, meeting, the City Council approved and awarded a contract, and authorize d the City Manager to amend and execute the contract, with Rincon Consultants for the development of the Climate Action and Adaptation Plan in and amount not to exceed $300,000;

WHEREAS, at its February 6, 2024, meeting, the City Council authorized the Community Development Director to submit for Energy Efficiency and Conservation Block Grant (EECBG) funds from U.S. Department of Energy (DOE) for the development of a Climate Action and Adaptation Plan consistent with Policy COS-10.c of the 2040 General Plan;

WHEREAS, on March 20, 2024, the City applied for EECBG funds from the DOE;

WHEREAS, on June 14, 2024, the City of Campbell received confirmation of $76,540 in funding from the DOE;

WHEREAS, the EECBG funds from DOE will partially fund the anticipated costs to prepare the Climate Action and Adaptation Plan and does not require any match funding from the City;

WHEREAS, the Special Terms and Conditions document outlines the key obligations and terms for the grant;

WHEREAS, the City Council has reviewed the Special Terms and Conditions as set forth by Exhibit C;

WHEREAS, the Community Development Director will acknowledge and accept the award in the DOE’s electronic system, FedConnect;

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Attachment: Resolution - Authorization to Accept EECBG Program Funds (Acceptance of EECBG Grant) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby authorizes the acceptance of EECBG funds for the Climate Action and Adaptation Plan.

PASSED AND ADOPTED this _____ day of ________, ______, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:

APPROVED:

______________________________
Susan Landry, Mayor
ATTEST:

_________________________________
Andrea Sanders, City Clerk

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Attachment: Resolution - Authorization to Accept EECBG Program Funds (Acceptance of EECBG Grant) RESOLUTION NO. 13112

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

AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO SUBMIT AN

APPLICATION FOR ENERGY EFFICIENCY AND CONSERVATION BLOCK

GRANT ( EECBG) PROGRAM FUNDS
WHEREAS, in January 2023, the U.S. Department of Energy ( DOE) announced the Infrastructure Investment and Jobs Act ( IIJA) of 2021 Energy Efficiency and Conservation Block Grant Program Formula Grant, and informed eligible agencies of a January 31, 2024, deadline for submittal of applications, as well as the grant requirements;
WHEREAS, in May 2023, the U.S. DOE extended the deadline for local and tribal government EECBG Program applications to April 30, 2024; WHEREAS, the City of Campbell has been allocated $ 76,540 as part of a formula award;
WHEREAS, the EECBG award may be used for Energy Planning activities; WHEREAS, the City Council has identified as a Council Priority the preparation of a climate action plan for the City as identified in the FY 2023 Budget and during the February 16, 2023 Council priority setting session.

WHEREAS, the Draft Environmental Impact Report (" DEIR") for the 2040 Envision General Plan (" General Plan") identified that development buildout under the General Plan would result in significant environmental impacts associated with Greenhouse Gas Emissions (" GHG").

WHEREAS, the General Plan identifies policies and programs to reduce the significant GHG environmental impacts, including Policy COS- 10.c which states Prepare a Climate Action Plan that establishes GHG reduction targets that are consistent with Statewide GHG reduction goals, and includes an implementation program to achieve the reduction targets. Periodically review and update the Plan as necessary to achieve the GHG reduction targets specified in the Plan.

WHEREAS, the EECBG would partially fund preparation of a climate action plan, addressing GHG reduction goals strategies;
WHEREAS, the preparation of a climate action plan meets the key activities outlined in the " Energy Planning" EECBG Program Blueprint; WHEREAS, staff estimates the cost of this planning effort to be up to $ 300, 000 and is applying for $ 76, 540 in grant funds;

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Attachment: CC Resolution 13112 (Acceptance of EECBG Grant) NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell authorizes the Community Development Director to submit an application for Energy Efficiency and Conservation Block Grant ( EECBG) program funds for the climate action plan.

PASSED AND ADOPTED this 6th day of February, 2024, by the following roll call vote:

AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:

Susan M. Landry, Mayor
ATTEST:
iLi./(0/ Lo4,m
Andrea Sara ders, City Clerk

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Attachment: CC Resolution 13112 (Acceptance of EECBG Grant)

Template Version 08/05/2022
Special Terms and Conditions
Award No. DE-SE0000848.0000 With City of Campbell

Special Terms and Conditions

City of Campbell (“Recipient”), which is identified in Block 5 of the Assistance Agreement, and the Office of State and Community Energy Programs (“SCEP”), and Energy Efficiency and Conservation Block Grant Program (“EECBG”), an office within the United States Department of Energy (“DOE”), enter into this Award, referenced above, to achieve the project objectives and the technical milestones and deliverables stated in Attachment 1 to this Award.

This Award consists of the following documents, including all terms and conditions therein:

Assistance Agreement
Special Terms and Conditions
Attachment 1 Activity File
Attachment 2 Federal Assistance Reporting Checklist and Instructions
Attachment 3 Budget Information SF-424A
Attachment 4 Intellectual Property Provisions
Attachment 5 Energy Efficiency and Conservation Strategy

The following are incorporated into this Award by reference:
• DOE Assistance Regulations, 2 CFR part 200 as amended by 2 CFR part 910 at http://www.eCFR.gov
.
• National Policy Requirements (November 12, 2020) at
http://www.nsf.gov/awards/managing/rtc.jsp.
• The Recipient’s application/proposal as approved by SCEP. • Public Law 117-58, also known as the Bipartisan Infrastructure Law (BIL).

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Attachment: Exhibit C - Special Terms and Conditions (Acceptance of EECBG Grant) Award No. DE-SE0000848.0000 With City of Campbell
Special Terms and Conditions

2 Table of Contents
Subpart A. General Provisions ............................................................................................................................ 4 Term 1. Legal Authority and Effect ....................................................................................................................... 4 Term 2. Flow Down Requirement......................................................................................................................... 4 Term 3. Compliance with Federal, State, and Municipal Law ............................................................................. 4 Term 4. Inconsistency with Federal Law .............................................................................................................. 4 Term 5. Federal Stewardship ................................................................................................................................ 4 Term 6. NEPA Requirements ................................................................................................................................ 4 Term 7. Notice Regarding the Purchase of American-Made Equipment and Products – Sense of Congress .... 6 Term 8. Reporting Requirements ......................................................................................................................... 6 Term 9. Lobbying ................................................................................................................................................... 6 Term 10. Publications ............................................................................................................................................. 7 Term 11. No-Cost Extension ................................................................................................................................... 7 Term 12. Property Standards .................................................................................................................................. 7 Term 13. Insurance Coverage ................................................................................................................................. 8 Term 14. Real Property ........................................................................................................................................... 8 Term 15. Equipment ............................................................................................................................................... 8 Term 16. Supplies .................................................................................................................................................... 9 Term 17. Property Trust Relationship .................................................................................................................... 9 Term 18. Record Retention ..................................................................................................................................... 9 Term 19. Audits ....................................................................................................................................................... 9 Term 20. Indemnity ............................................................................................................................................... 10 Term 21. Foreign National Participation .............................................................................................................. 10 Term 22. Post-Award Due Diligence Reviews ...................................................................................................... 11 Subpart B. Financial Provisions.......................................................................................................................... 11 Term 23. Maximum Obligation ............................................................................................................................. 11 Term 24. Refund Obligation.................................................................................................................................. 11 Term 25. Allowable Costs ..................................................................................................................................... 11 Term 26. Indirect Costs ......................................................................................................................................... 11 Term 27. Decontamination and/or Decommissioning (D&D) Costs .................................................................... 13 Term 28. Use of Program Income ......................................................................................................................... 13 Term 29. Payment Procedures ............................................................................................................................. 13 Term 30. Budget Changes ..................................................................................................................................... 14 Subpart C. Miscellaneous Provisions ................................................................................................................ 15 Term 31. Environmental, Safety and Health Performance of Work at DOE Facilities ........................................ 15 Term 32. System for Award Management and Universal Identifier Requirements ........................................... 15 Term 33. Nondisclosure and Confidentiality Agreements Assurances ............................................................... 17 Term 34. Subrecipient Change Notification ......................................................................................................... 18 Term 35. Conference Spending ............................................................................................................................. 19 Term 36. Recipient Integrity and Performance Matters ...................................................................................... 19 Term 37. Export Control ........................................................................................................................................ 21 Term 38. Interim Conflict of Interest Policy for Financial Assistance .................................................................. 21 Term 39. Organizational Conflict of Interest ........................................................................................................ 22 Term 40. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment ............ 22 Term 41. Human Subjects Research ..................................................................................................................... 23 Term 42. Fraud, Waste and Abuse ....................................................................................................................... 24 Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements ................................................................. 24

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Attachment: Exhibit C - Special Terms and Conditions (Acceptance of EECBG Grant) Award No. DE-SE0000848.0000 With City of Campbell
Special Terms and Conditions

3 Term 43. Reporting, Tracking and Segregation of Incurred Costs ....................................................................... 25 Term 44. Davis-Bacon Requirements ................................................................................................................... 25 Term 45. Affirmative Action and Pay Transparency Requirements .................................................................... 27 Term 46. Potentially Duplicative Funding Notice ................................................................................................ 27 Term 47. Transparency of Foreign Connections................................................................................................... 27 Term 48. Foreign Collaboration Considerations .................................................................................................. 28

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Attachment: Exhibit C - Special Terms and Conditions (Acceptance of EECBG Grant) Award No. DE-SE0000848.0000 With City of Campbell
Special Terms and Conditions

4 Subpart A. General Provisions

Term 1. Legal Authority and Effect
A DOE financial assistance award is valid only if it is in writing and is signed, either in writing or electronically, by a DOE Contracting Officer.

The Recipient may accept or reject the Award. A request to draw down DOE funds or acknowledgement of award documents by the Recipient’s authorized representative through electronic systems used by DOE, specifically FedConnect, constitutes the Recipient's acceptance of the terms and conditions of this Award. Acknowledgement via FedConnect by the Recipient’s authorized representative constitutes the Recipient's electronic signature.

Term 2. Flow Down Requirement
The Recipient agrees to apply the terms and conditions of this Award, as applicable, including the Intellectual Property Provisions, to all subrecipients (and subcontractors, as appropriate), as required by 2 CFR 200.101, and to require their strict compliance therewith. Further, the Recipient must apply the Award terms as required by 2 CFR 200.327 to all subrecipients (and subcontractors, as appropriate), and to require their strict compliance therewith.

Term 3. Compliance with Federal, State, and Municipal Law The Recipient is required to comply with applicable Federal, state, and local laws and regulations for all work performed under this Award. The Recipient is required to obtain all necessary Federal, state, and local permits, authorizations, and approvals for all work performed under this Award.

Term 4. Inconsistency with Federal Law
Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this Award must be referred to the DOE Award Administrator for guidance.

Term 5. Federal Stewardship
SCEP will exercise normal Federal stewardship in overseeing the project activities performed under this Award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and financial reports; providing technical assistance and/or temporary intervention in unusual circumstances to address deficiencies that develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the project objectives have been accomplished.

Term 6. NEPA Requirements
DOE must comply with the National Environmental Policy Act (NEPA) prior to authorizing the use of Federal funds. Based on all information provided by the Recipient, SCEP has made a NEPA determination by issuing a categorical exclusion (CX) for all activities listed in the Activity

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Attachment: Exhibit C - Special Terms and Conditions (Acceptance of EECBG Grant) Award No. DE-SE0000848.0000 With City of Campbell
Special Terms and Conditions

5 File approved by the Contracting Officer and the DOE NEPA Determination. The Recipient is thereby authorized to use Federal funds for the defined project activities, subject the Recipient’s compliance with the conditions stated below and except where such activity is subject to a restriction set forth elsewhere in this Award.

Condition(s):

1. This NEPA Determination only applies to activities funded by the Administrative and Legal Requirements Document (ALRD) for the EECBG Program Formula Infrastructure Investment and Jobs Act (EECBG Formula - IIJA) awarded to non-tribal recipients proposing non-ground disturbing activities within states that have a DOE executed Historic Preservation Programmatic Agreement.

2. Activities not listed under "Blueprints and additional activities” within this NEPA determination are subject to additional NEPA review and approval by DOE. For activities requiring additional NEPA review, Recipients must complete the environmental questionnaire (EQ-1) found at https: //www.eere-pmc.energy.gov/NEPA.aspx and receive notification from DOE that the NEPA review has been completed and approved by the Contracting Officer prior to initiating the project or activities.

3. Activities proposed on tribal lands or tribal properties would be restricted to homes/buildings less than forty-five (45) years old and without ground disturbance.

Recipients must contact the DOE Project Officer for a Historic Preservation Worksheet to request a review of activities that are listed below on tribal homes/buildings forty- five (45) years and older and/or ground disturbing activities. The DOE NEPA team must review the Historic Preservation Worksheet and notify the Recipient’s DOE Project Officer before activities listed on the Historic Preservation Worksheet may begin.

4. This authorization does not include activities where the following elements exist:
extraordinary circumstances; cumulative impacts or connected actions that may lead to significant effects on the human environment; or any inconsistency with the "integral elements" (as contained in 10 CFR Part 1021, Appendix B) as they relate to a particular project.

5. The Recipient must identify and promptly notify DOE of extraordinary circumstances, cumulative impacts or connected actions that may lead to significant effects on the human environment, or any inconsistency with the “integral elements” (as contained in 10 CFR Part 1021, Appendix B) as they relate to project activities.

6. Recipients must have a DOE executed Historic Preservation Programmatic Agreement and adhere to the terms and restrictions of its DOE executed Historic Preservation Programmatic Agreement. DOE executed Historic Preservation Programmatic Agreements are available at https://www.energy.gov/node/812599.

7. Recipients are responsible for reviewing the online NEPA and Historic preservation training at www.energy.gov/node/4816816 and contacting [email protected] with any EECBG NEPA or historic preservation questions.

8. Recipients are required to submit an annual Historic Preservation Report in the Performance and Accountability for Grants in Energy system (PAGE) at https://www.page.energy.gov/default.aspx.

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Attachment: Exhibit C - Special Terms and Conditions (Acceptance of EECBG Grant) Award No. DE-SE0000848.0000 With City of Campbell
Special Terms and Conditions

6 9. Most activities listed under “Blueprints and additional activities” within this NEPA determination are more restrictive than the Categorical Exclusion. The restrictions included in the “Blueprints and additional activities” must be followed.

10.This authorization excludes any activities that are otherwise subject to a restriction set forth elsewhere in the award.

This authorization is specific to the project activities and locations as described in the Activity File approved by the Contracting Officer and the DOE NEPA Determination.

If the Recipient later intends to add to or modify the activities or locations as described in the approved Activity File and the DOE NEPA Determination, those new activities/locations or modified activities/locations are subject to additional NEPA review and are not authorized for Federal funding until the Contracting Officer provides written authorization on those additions or modifications. Should the Recipient elect to undertake activities or change locations prior to written authorization from the Contracting Officer, the Recipient does so at risk of not receiving Federal funding for those activities, and such costs may not be recognized as allowable cost share.

Term 7. Notice Regarding the Purchase of American-Made Equipment and Products – Sense of Congress
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Award should be American-made.

Term 8. Reporting Requirements
The reporting requirements for this Award are identified on the Federal Assistance Reporting Checklist, attached to this Award. Failure to comply with these reporting requirements is considered a material noncompliance with the terms of the Award. Noncompliance may result in withholding of future payments, suspension, or termination of the current award, and withholding of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory performance of this and/or other financial assistance awards, may also result in a debarment action to preclude future awards by Federal agencies.

Term 9. Lobbying
By accepting funds under this Award, the Recipient agrees that none of the funds obligated on the Award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. § 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.

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Attachment: Exhibit C - Special Terms and Conditions (Acceptance of EECBG Grant) Award No. DE-SE0000848.0000 With City of Campbell
Special Terms and Conditions

7 Term 10. Publications
The Recipient is required to include the following acknowledgement in publications arising out of, or relating to, work performed under this Award, whether copyrighted or not:

• Acknowledgment: “This material is based upon work supported by the U.S. Department of Energy’s Office of State and Community Energy Programs (SCEP) under the Energy Efficiency and Conservation Block Grant Program (EECBG) Award Number DE- SE0000848.”

• Full Legal Disclaimer: “This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof.

The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof.”

Abridged Legal Disclaimer: “The views expressed herein do not necessarily represent the views of the U.S. Department of Energy or the United States Government.”

Recipients should make every effort to include the full Legal Disclaimer. However, in the event that recipients are constrained by formatting and/or page limitations set by the publisher, the abridged Legal Disclaimer is an acceptable alternative.

Term 11. No-Cost Extension
As provided in 2 CFR 200.308, the Recipient must provide the Contracting Officer with notice in advance if it intends to utilize a one-time, no-cost extension of this Award. The notification must include the supporting reasons and the revised period of performance. The Recipient must submit this notification in writing to the Contracting Officer and DOE Technology Manager/ Project Officer at least 30 days before the end of the current budget period.

Any no-cost extension will not alter the project scope, milestones, deliverables, or budget of this Award.

Term 12. Property Standards
The complete text of the Property Standards can be found at 2 CFR 200.310 through 200.316.

Also see 2 CFR 910.360 for additional requirements for real property and equipment for For- Profit recipients.

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Attachment: Exhibit C - Special Terms and Conditions (Acceptance of EECBG Grant) Award No. DE-SE0000848.0000 With City of Campbell
Special Terms and Conditions

8 Term 13. Insurance Coverage
See 2 CFR 200.310 for insurance requirements for real property and equipment acquired or improved with Federal funds. Also see 2 CFR 910.360(d) for additional requirements for real property and equipment for For-Profit recipients.

Term 14. Real Property
Subject to the conditions set forth in 2 CFR 200.311, title to real property acquired or improved under a Federal award will conditionally vest upon acquisition in the non-Federal entity. The non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR 200.311 before disposing of the property.

Except as otherwise provided by Federal statutes or by the Federal awarding agency, real property will be used for the originally authorized purpose as long as needed for that purpose.

When real property is no longer needed for the originally authorized purpose, the non-Federal entity must obtain disposition instructions from DOE or pass-through entity. The instructions must provide for one of the following alternatives: (1) retain title after compensating DOE as described in 2 CFR 200.311(c)(1); (2) Sell the property and compensate DOE as specified in 2 CFR 200.311(c)(2); or (3) transfer title to DOE or to a third party designated/approved by DOE as specified in 2 CFR 200.311(c)(3).

See 2 CFR 200.311 for additional requirements pertaining to real property acquired or improved under a Federal award. Also see 2 CFR 910.360 for additional requirements for real property for For-Profit recipients.

Term 15. Equipment
Subject to the conditions provided in 2 CFR 200.313, title to equipment (property) acquired under a Federal award will conditionally vest upon acquisition with the non-Federal entity. The non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR 200.313 before disposing of the property.

A state must use equipment acquired under a Federal award by the state in accordance with state laws and procedures.

Equipment must be used by the non-Federal entity in the program or project for which it was acquired as long as it is needed, whether or not the project or program continues to be supported by the Federal award. When no longer needed for the originally authorized purpose, the equipment may be used by programs supported by DOE in the priority order specified in 2 CFR 200.313(c)(1)(i) and (ii).

Management requirements, including inventory and control systems, for equipment are provided in 2 CFR 200.313(d).

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Attachment: Exhibit C - Special Terms and Conditions (Acceptance of EECBG Grant) Award No. DE-SE0000848.0000 With City of Campbell
Special Terms and Conditions

9 When equipment acquired under a Federal award is no longer needed, the non-Federal entity must obtain disposition instructions from DOE or pass-through entity.

Disposition will be made as follows: (1) items of equipment with a current fair market value of $5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to DOE; (2) Non-Federal entity may retain title or sell the equipment after compensating DOE as described in 2 CFR 200.313(e)(2); or (3) transfer title to DOE or to an eligible third party as specified in 2 CFR 200.313(e)(3).

See 2 CFR 200.313 for additional requirements pertaining to equipment acquired under a Federal award. Also see 2 CFR 910.360 for additional requirements for equipment for For-Profit recipients. See also 2 CFR 200.439 Equipment and other capital expenditures.

Term 16. Supplies
See 2 CFR 200.314 for requirements pertaining to supplies acquired under a Federal award. See also 2 CFR 200.453 Materials and supplies costs, including costs of computing devices.

Term 17. Property Trust Relationship
Real property, equipment, and intangible property, that are acquired or improved with a Federal award must be held in trust by the non-Federal entity as trustee for the beneficiaries of the project or program under which the property was acquired or improved. See 2 CFR 200.316 for additional requirements pertaining to real property, equipment, and intangible property acquired or improved under a Federal award.

Term 18. Record Retention
Consistent with 2 CFR 200.334 through 200.338, the Recipient is required to retain records relating to this Award.

Term 19. Audits

A. Government-Initiated Audits
The Recipient must provide any information, documents, site access, or other assistance requested by SCEP, DOE or Federal auditing agencies (e.g., DOE Inspector General, Government Accountability Office) for the purpose of audits and investigations. Such assistance may include, but is not limited to, reasonable access to the Recipient’s records relating to this Award.

Consistent with 2 CFR part 200 as amended by 2 CFR part 910, DOE may audit the Recipient’s financial records or administrative records relating to this Award at any time. Government-initiated audits are generally paid for by DOE.

DOE may conduct a final audit at the end of the project period (or the termination of

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Attachment: Exhibit C - Special Terms and Conditions (Acceptance of EECBG Grant) Award No. DE-SE0000848.0000 With City of Campbell
Special Terms and Conditions

10 the Award, if applicable). Upon completion of the audit, the Recipient is required to refund to DOE any payments for costs that were determined to be unallowable. If the audit has not been performed or completed prior to the closeout of the award, DOE retains the right to recover an appropriate amount after fully considering the recommendations on disallowed costs resulting from the final audit.

DOE will provide reasonable advance notice of audits and will minimize interference with ongoing work, to the maximum extent practicable.

B. Annual Independent Audits (Single Audit or Compliance Audit) The Recipient must comply with the annual independent audit requirements in 2 CFR 200.500 through .521 for institutions of higher education, nonprofit organizations, and state and local governments (Single audit), and 2 CFR 910.500 through .521 for for-profit entities (Compliance audit).

The annual independent audits are separate from Government-initiated audits discussed in part A. of this Term and must be paid for by the Recipient. To minimize expense, the Recipient may have a Compliance audit in conjunction with its annual audit of financial statements. The financial statement audit is not a substitute for the Compliance audit. If the audit (Single audit or Compliance audit, depending on Recipient entity type) has not been performed or completed prior to the closeout of the award, DOE may impose one or more of the actions outlined in 2 CFR 200.339, Remedies for Noncompliance.

Term 20. Indemnity
The Recipient shall indemnify DOE and its officers, agents, or employees for any and all liability, including litigation expenses and attorneys' fees, arising from suits, actions, or claims of any character for death, bodily injury, or loss of or damage to property or to the environment, resulting from the project, except to the extent that such liability results from the direct fault or negligence of DOE officers, agents or employees, or to the extent such liability may be covered by applicable allowable costs provisions.

Term 21. Foreign National Participation
If the Recipient (including any of its subrecipients and contractors) anticipates involving foreign nationals in the performance of the Award, the Recipient must, upon DOE’s request, provide DOE with specific information about each foreign national to ensure compliance with the requirements for participation and access approval. The volume and type of information required may depend on various factors associated with the Award. The DOE Contracting Officer will notify the Recipient if this information is required.

DOE may elect to deny a foreign national’s participation in the Award. Likewise, DOE may elect to deny a foreign national’s access to a DOE sites, information, technologies, equipment, programs or personnel.

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Attachment: Exhibit C - Special Terms and Conditions (Acceptance of EECBG Grant) Award No. DE-SE0000848.0000 With City of Campbell
Special Terms and Conditions

11 Term 22. Post-Award Due Diligence Reviews
During the life of the Award, DOE may conduct ongoing due diligence reviews, through Government resources, to identify potential risks of undue foreign influence. In the event, a risk is identified, DOE may require risk mitigation measures, including but not limited to, requiring an individual or entity not participate in the Award.

Subpart B. Financial Provisions

Term 23. Maximum Obligation
The maximum obligation of DOE for this Award is the total “Funds Obligated” stated in Block 13 of the Assistance Agreement to this Award.

Term 24. Refund Obligation
The Recipient must refund any excess payments received from SCEP, including any costs determined unallowable by the Contracting Officer. Upon the end of the project period (or the termination of the Award, if applicable), the Recipient must refund to SCEP the difference between (1) the total payments received from SCEP, and (2) the Federal share of the costs incurred. Refund obligations under this Term do not supersede the annual reconciliation or true up process if specified under the Indirect Cost Term.

Term 25. Allowable Costs
SCEP determines the allowability of costs through reference to 2 CFR part 200 as amended by 2 CFR part 910. All project costs must be allowable, allocable, and reasonable. The Recipient must document and maintain records of all project costs, including, but not limited to, the costs paid by Federal funds, costs claimed by its subrecipients and project costs that the Recipient claims as cost sharing, including in-kind contributions. The Recipient is responsible for maintaining records adequate to demonstrate that costs claimed have been incurred, are reasonable, allowable and allocable, and comply with the cost principles. Upon request, the Recipient is required to provide such records to SCEP. Such records are subject to audit.

Failure to provide SCEP adequate supporting documentation may result in a determination by the Contracting Officer that those costs are unallowable.

The Recipient is required to obtain the prior written approval of the Contracting Officer for any foreign travel costs.

Term 26. Indirect Costs

A. Indirect Cost Allocation:

The budget for this Award does not include an allocation of segregated indirect billing rates. Therefore, indirect charges shall not be charged under

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Attachment: Exhibit C - Special Terms and Conditions (Acceptance of EECBG Grant) Award No. DE-SE0000848.0000 With City of Campbell
Special Terms and Conditions

12 allocated billing rates, nor shall reimbursement be requested for this project for segregated indirect cost billing rates, nor shall any indirect charges for this project be allocated to any other Federally sponsored project. The Recipient cannot claim indirect costs separately as cost share.

B. Fringe Cost Allocation:

The budget for this award does not include an allocation of segregated fringe billing rates. Fringe benefit costs have been found reasonable as incorporated in the Recipient’s burdened labor rate or under an allocated indirect cost billing rate. Therefore, fringe benefit costs shall not be charged as a separate rate allocation to this Award. SCEP will not reimburse fringe benefit costs as a separate budget item. Fringe benefit costs for this Award cannot be allocated as a separate rate allocation to any other Federally sponsored project.

C. Subrecipient Indirect Costs (If Applicable):

The Recipient must ensure its subrecipient’s indirect costs are appropriately managed, have been found to be allowable, and comply with the requirements of this Award and 2 CFR Part 200 as amended by 2 CFR Part 910.

D. Indirect Cost Stipulations:

i. Modification to Indirect Cost Billing Rates
SCEP will not modify this Award solely to provide additional funds to cover increases in the Recipient’s indirect cost billing rate(s). Adjustments to the indirect cost billing rates must be approved by the Recipient’s Cognizant Agency or Cognizant Federal Agency Official.

The Recipient must provide a copy of an updated NICRA or indirect rate proposal to the DOE Award Administrator in order to increase indirect cost billing rates. If the Contracting Officer provides prior written approval, the Recipient may incur an increase in the indirect cost billing rates.

Reimbursement will be limited by the budgeted dollar amount for indirect costs for each budget period as shown in Attachment 3 to this Award.

ii. Award Closeout
The closeout of the DOE award does not affect (1) the right of the DOE to disallow costs and recover funds on the basis of a later audit or other review; (2) the requirement for the Recipient to return any funds due as a result of later refunds, corrections or other transactions including final indirect cost billing rate adjustments; and (3) the ability of the DOE to make financial adjustments to a previously closed award resolving indirect cost payments and making final payments.

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Special Terms and Conditions

13 Term 27. Decontamination and/or Decommissioning (D&D) Costs Notwithstanding any other provisions of this Award, the Government shall not be responsible for or have any obligation to the Recipient for (1) Decontamination and/or Decommissioning (D&D) of any of the Recipient’s facilities, or (2) any costs which may be incurred by the Recipient in connection with the D&D of any of its facilities due to the performance of the work under this Award, whether said work was performed prior to or subsequent to the effective date of the Award.

Term 28. Use of Program Income
If the Recipient earns program income during the project period as a result of this Award, the Recipient must add the program income to the funds committed to the Award and used to further eligible project objectives.

Term 29. Payment Procedures

A. Method of Payment
Payment will be made by advances through the Department of Treasury’s ASAP system.

B. Requesting Advances
Requests for advances must be made through the ASAP system. The Recipient may submit requests as frequently as required to meet its needs to disburse funds for the Federal share of project costs. If feasible, the Recipient should time each request so that the Recipient receives payment on the same day that the Recipient disburses funds for direct project costs and the proportionate share of any allowable indirect costs. If same-day transfers are not feasible, advance payments must be as close to actual disbursements as administratively feasible.

C. Adjusting Payment Requests for Available Cash
The Recipient must disburse any funds that are available from repayments to and interest earned on a revolving fund, program income, rebates, refunds, contract settlements, audit recoveries, credits, discounts, and interest earned on any of those funds before requesting additional cash payments from SCEP.

D. Payments
All payments are made by electronic funds transfer to the bank account identified on the Bank Information Form that the Recipient filed with the U.S. Department of Treasury.

E. Unauthorized Drawdown of Federal Funds
For each budget period, the Recipient may not spend more than the Federal share authorized to that particular budget period, without specific written approval from

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14 the Contracting Officer. The Recipient must immediately refund SCEP any amounts spent or drawn down in excess of the authorized amount for a budget period. The Recipient and subrecipients shall promptly, but at least quarterly, remit to DOE interest earned on advances drawn in excess of disbursement needs, and shall comply with the procedure for remitting interest earned to the Federal government per 2 CFR 200.305, as applicable.

Term 30. Budget Changes

A. Budget Changes Generally
The Contracting Officer has reviewed and approved the SF-424A in Attachment 3 to this Award.

Any increase in the total project cost, whether DOE share or Cost Share, which is stated as “Total” in Block 12 to the Assistance Agreement of this Award, must be approved in advance and in writing by the Contracting Officer.

Any change that alters the project scope, milestones or deliverables requires prior written approval of the Contracting Officer. SCEP may deny reimbursement for any failure to comply with the requirements in this term.

B. Transfers of Funds Among Direct Cost Categories
The Recipient is required to obtain the prior written approval of the Contracting Officer for any transfer of funds among direct cost categories where the cumulative amount of such transfers exceeds or is expected to exceed 10 percent of the total project cost, which is stated as “Total” in Block 12 to the Assistance Agreement of this Award.

The Recipient is required to notify the DOE Technology Manager/Project Officer of any transfer of funds among direct cost categories where the cumulative amount of such transfers is equal to or below 10 percent of the total project cost, which is stated as “Total” in Block 12 to the Assistance Agreement of this Award.

C. Transfer of Funds Between Direct and Indirect Cost Categories The Recipient is required to obtain the prior written approval of the Contracting Officer for any transfer of funds between direct and indirect cost categories. If the Recipient’s actual allowable indirect costs are less than those budgeted in Attachment 3 to this Award, the Recipient may use the difference to pay additional allowable direct costs during the project period so long as the total difference is less than 10% of total project costs and the difference is reflected in actual requests for reimbursement to DOE.

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Special Terms and Conditions

15 Subpart C. Miscellaneous Provisions

Term 31. Environmental, Safety and Health Performance of Work at DOE Facilities
With respect to the performance of any portion of the work under this Award which is performed at a DOE -owned or controlled site, the Recipient agrees to comply with all State and Federal Environmental, Safety and Health (ES&H) regulations and with all other ES&H requirements of the operator of such site.

Prior to the performance on any work at a DOE-owned or controlled site, the Recipient shall contact the site facility manager for information on DOE and site-specific ES&H requirements.

The Recipient is required apply this provision to its subrecipients and contractors.

Term 32. System for Award Management and Universal Identifier Requirements

A. Requirement for Registration in the System for Award Management (SAM) Unless the Recipient is exempted from this requirement under 2 CFR 25.110, the Recipient must maintain the currency of its information in SAM until the Recipient submits the final financial report required under this Award or receive the final payment, whichever is later. This requires that the Recipient reviews and updates the information at least annually after the initial registration, and more frequently if required by changes in its information or another award term.

B. Unique Entity Identifier (UEI)
SAM automatically assigns a UEI to all active SAM.gov registered entities. Entities no longer have to go to a third-party website to obtain their identifier. This information is displayed on SAM.gov.

If the Recipient is authorized to make subawards under this Award, the Recipient:

i. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from the Recipient unless the entity has provided its UEI number to the Recipient.

ii. May not make a subaward to an entity unless the entity has provided its UEI number to the Recipient.

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Special Terms and Conditions

16 C. Definitions
For purposes of this award term:

i. System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at https://www.sam.gov ).

ii. Unique Entity Identifier (UEI) is the 12-character, alpha-numeric identifier that will be assigned by SAM.gov upon registration.

iii. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, subpart C:

1. A Governmental organization, which is a State, local government, or Indian Tribe.

2. A foreign public entity.

3. A domestic or foreign nonprofit organization.

4. A domestic or foreign for-profit organization.

5. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.

iv. Subaward:

1. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which the Recipient received this Award and that the Recipient awards to an eligible subrecipient.

2. The term does not include the Recipient’s procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.501 Audit requirements, (f) Subrecipients and Contractors and/or 2 CFR 910.501 Audit requirements, (f) Subrecipients and Contractors).

3. A subaward may be provided through any legal agreement, including an agreement that the Recipient considers a contract.

v. Subrecipient means an entity that:

1. Receives a subaward from the Recipient under this Award; and

2. Is accountable to the Recipient for the use of the Federal funds provided by the subaward.

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17 Term 33. Nondisclosure and Confidentiality Agreements Assurances

A. By entering into this agreement, the Recipient attests that it does not and will not require its employees or contractors to sign internal nondisclosure or confidentiality agreements or statements prohibiting or otherwise restricting its employees or contactors from lawfully reporting waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

B. The Recipient further attests that it does not and will not use any Federal funds to implement or enforce any nondisclosure and/or confidentiality policy, form, or agreement it uses unless it contains the following provisions:

i. ‘‘These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.’’

ii. The limitation above shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

iii. Notwithstanding provision listed in paragraph (a), a nondisclosure or confidentiality policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure or confidentiality forms shall also make it clear that they do not bar disclosures to Congress, or to an authorized official of an executive agency or the Department of Justice, that are essential to reporting a substantial violation of law.

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18 Term 34. Subrecipient Change Notification
Except for subrecipients specifically proposed as part of the Recipient’s Application for award, the Recipient must notify the Contracting Officer and Project Manager in writing 30 days prior to the execution of new or modified subrecipient agreements, including naming any To Be Determined subrecipients. This notification does not constitute a waiver of the prior approval requirements outlined in 2 CFR part 200 as amended by 2 CFR part 910, nor does it relieve the Recipient from its obligation to comply with applicable Federal statutes, regulations, and executive orders.

In order to satisfy this notification requirement, the Recipient documentation must, as a minimum, include the following:

• A description of the research to be performed, the service to be provided, or the equipment to be purchased.
• Cost share commitment letter if the subrecipient is providing cost share to the Award. • An assurance that the process undertaken by the Recipient to solicit the subrecipient complies with their written procurement procedures as outlined in 2 CFR 200.317 through 200.327.
• An assurance that no planned, actual or apparent conflict of interest exists between the Recipient and the selected subrecipient and that the Recipient’s written standards of conduct were followed.
1 • A completed Environmental Questionnaire, if applicable. • An assurance that the subrecipient is not a debarred or suspended entity. • An assurance that all required award provisions will be flowed down in the resulting subrecipient agreement.

The Recipient is responsible for making a final determination to award or modify subrecipient agreements under this agreement, but the Recipient may not proceed with the subrecipient agreement until the Contracting Officer determines, and provides the Recipient written notification, that the information provided is adequate.

Should the Recipient not receive a written notification of adequacy from the Contracting Officer within 30 days of the submission of the subrecipient documentation stipulated above, the Recipient may proceed to award or modify the proposed subrecipient agreement.

1 It is DOE’s position that the existence of a “covered relationship” as defined in 5 CFR 2635.502(a)&(b) between a member of the Recipient’s owners or senior management and a member of a subrecipient’s owners or senior management creates at a minimum an apparent conflict of interest that would require the Recipient to notify the Contracting Officer and provide detailed information and justification (including, for example, mitigation measures) as to why the subrecipient agreement does not create an actual conflict of interest. The Recipient must also notify the Contracting Officer of any new subrecipient agreement with: (1) an entity that is owned or otherwise controlled by the Recipient; or (2) an entity that is owned or otherwise controlled by another entity that also owns or otherwise controls the Recipient, as it is DOE’s position that these situations also create at a minimum an apparent conflict of interest.

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Special Terms and Conditions

19 Term 35. Conference Spending
The Recipient shall not expend any funds on a conference not directly and programmatically related to the purpose for which the grant was awarded that would defray the cost to the United States Government of a conference held by any Executive branch department, agency, board, commission, or office for which the cost to the United States Government would otherwise exceed $20,000, thereby circumventing the required notification by the head of any such Executive Branch department, agency, board, commission, or office to the Inspector General (or senior ethics official for any entity without an Inspector General), of the date, location, and number of employees attending such conference.

Term 36. Recipient Integrity and Performance Matters

A. General Reporting Requirement
If the total value of your currently active Financial Assistance awards, grants, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this term. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.

B. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
i. Is in connection with the award or performance of a Financial Assistance, cooperative agreement, or procurement contract from the Federal Government;
ii. Reached its final disposition during the most recent five-year period; and iii. Is one of the following:

1. A criminal proceeding that resulted in a conviction, as defined in paragraph E of this award term and condition;

2. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;

3. An administrative proceeding, as defined in paragraph E of this term, that resulted in a finding of fault and liability and your payment of

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20 either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or

4. Any other criminal, civil, or administrative proceeding if:
a. It could have led to an outcome described in paragraph B.iii.1, 2, or 3 of this term;
b. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
c. The requirement in this term to disclose information about the proceeding does not conflict with applicable laws and regulations.

C. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph B of this term. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.

D. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph A of this term, you must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, Financial Assistance awards, (including cooperative agreement awards) with a cumulative total value greater than $10,000,000, must disclose semiannually any information about the criminal, civil, and administrative proceedings.

E. Definitions
For purposes of this term:
i. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or Financial Assistance awards. It does not include audits, site visits, corrective plans, or inspection of deliverables.
ii. Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere.

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21 iii. Total value of currently active Financial Assistance awards, cooperative agreements and procurement contracts includes—

1. Only the Federal share of the funding under any Federal award with a recipient cost share or match; and

2. The value of all expected funding increments under a Federal award and options, even if not yet exercised.

Term 37. Export Control
The United States government regulates the transfer of information, commodities, technology, and software considered to be strategically important to the U.S. to protect national security, foreign policy, and economic interests without imposing undue regulatory burdens on legitimate international trade. There is a network of Federal agencies and regulations that govern exports that are collectively referred to as “Export Controls.” The Recipient is responsible for ensuring compliance with all applicable United States Export Control laws and regulations relating to any work performed under a resulting award.

The Recipient must immediately report to DOE any export control violations related to the project funded under this award, at the recipient or subrecipient level, and provide the corrective action(s) to prevent future violations.

Term 38. Interim Conflict of Interest Policy for Financial Assistance The DOE interim Conflict of Interest Policy for Financial Assistance (COI Policy) can be found at https://www.energy.gov/management/department-energy-interim-conflict-interest-policy- requirements-financial-assistance. This policy is applicable to all non-F ederal entities applying for, or that receive, DOE funding by means of a financial assistance award (e.g., a grant, cooperative agreement, or technology investment agreement) and, through the implementation of this policy by the entity, to each Investigator who is planning to participate in, or is participating in, the project funded wholly or in part under this Award. The term “Investigator” means the PI and any other person, regardless of title or position, who is responsible for the purpose, design, conduct, or reporting of a project funded by DOE or proposed for funding by DOE. The Recipient must flow down the requirements of the interim COI Policy to any subrecipient non-Federal entities, with the exception of DOE National Laboratories. Further, the Recipient must identify all financial conflicts of interests (FCOI), i.e., managed and unmanaged/ unmanageable, in its initial and ongoing FCOI reports.

Prior to award, the Recipient was required to: 1) ensure all Investigators on this Award completed their significant financial disclosures; 2) review the disclosures; 3) determine whether a FCOI exists; 4) develop and implement a management plan for FCOIs; and 5) provide DOE with an initial FCOI report that includes all FCOIs (i.e., managed and unmanaged/unmanageable). Within 180 days of the date of the Award, the Recipient must be in full compliance with the other requirements set forth in DOE’s interim COI Policy.

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22 Term 39. Organizational Conflict of Interest
Organizational conflicts of interest are those where, because of relationships with a parent company, affiliate, or subsidiary organization, the Recipient is unable or appears to be unable to be impartial in conducting procurement action involving a related organization (2 CFR 200.318(c)(2)).

The Recipient must disclose in writing any potential or actual organizational conflict of interest to the DOE Contracting Officer. The Recipient must provide the disclosure prior to engaging in a procurement or transaction using project funds with a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe. For a list of the information that must be included the disclosure, see Section VI. of the DOE interim Conflict of Interest Policy for Financial Assistance at
https://www.energy.gov/management/department-energy-
interim-conflict-interest-policy-requirements-financial-assistance.

If the effects of the potential or actual organizational conflict of interest cannot be avoided, neutralized, or mitigated, the Recipient must procure goods and services from other sources when using project funds. Otherwise, DOE may terminate the Award in accordance with 2 CFR 200.340 unless continued performance is determined to be in the best interest of the Federal government.

The Recipient must flow down the requirements of the interim COI Policy to any subrecipient non-Federal entities, with the exception of DOE National Laboratories. The Recipient is responsible for ensuring subrecipient compliance with this term.

If the Recipient has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the Recipient must maintain written standards of conduct covering organizational conflicts of interest.

Term 40. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
As set forth in 2 CFR 200.216, recipients and subrecipients are prohibited from obligating or expending project funds (Federal and non-Federal funds) to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

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23 (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

See Public Law 115-232, section 889 for additional information.

Term 41. Human Subjects Research
Research involving human subjects, biospecimens, or identifiable private information conducted with Department of Energy (DOE) funding is subject to the requirements of DOE Order 443.1C, Protection of Human Research Subjects, 45 CFR Part 46, Protection of Human Subjects (subpart A which is referred to as the “Common Rule”), and 10 CFR Part 745, Protection of Human Subjects.

Federal regulation and the DOE Order require review by an Institutional Review Board (IRB) of all proposed human subjects research projects. The IRB is an interdisciplinary ethics board responsible for ensuring that the proposed research is sound and justifies the use of human subjects or their data; the potential risks to human subjects have been minimized; participation is voluntary; and clear and accurate information about the study, the benefits and risks of participating, and how individuals’ data/specimens will be protected/used, is provided to potential participants for their use in determining whether or not to participate.

The Recipient shall provide the Federal Wide Assurance number identified in item 1 below and the certification identified in item 2 below to DOE prior to initiation of any project that will involve interactions with humans in some way (e.g., through surveys); analysis of their identifiable data (e.g., demographic data and energy use over time); asking individuals to test devices, products, or materials developed through research; and/or testing of commercially available devices in buildings/homes in which humans will be present. Note: This list of examples is illustrative and not all inclusive.

No DOE funded research activity involving human subjects, biospecimens, or identifiable private information shall be conducted without:

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24 1) A registration and a Federal Wide Assurance of compliance accepted by the Office of Human Research Protection (OHRP) in the Department of Health and Human Services; and
2) Certification that the research has been reviewed and approved by an Institutional Review Board (IRB) provided for in the assurance. IRB review may be accomplished by the awardee’s institutional IRB; by the Central DOE IRB; or if collaborating with one of the DOE national laboratories, by the DOE national laboratory IRB.

The Recipient is responsible for ensuring all subrecipients comply and for reporting information on the project annually to the DOE Human Subjects Research Database (HSRD) at https://science.osti.gov/HumanSubjects/Human-Subjects-Database/home . Note: If a DOE IRB
is used, no end of year reporting will be needed.

Additional information on the DOE Human Subjects Research Program can be found at:
https://science.osti.gov/ber/human-subjects

Term 42. Fraud, Waste and Abuse
The mission of the DOE Office of Inspector General (OIG) is to strengthen the integrity, economy and efficiency of DOE’s programs and operations including deterring and detecting fraud, waste, abuse and mismanagement. The OIG accomplishes this mission primarily through investigations, audits, and inspections of Department of Energy activities to include grants, cooperative agreements, loans, and contracts. The OIG maintains a Hotline for reporting allegations of fraud, waste, abuse, or mismanagement. To report such allegations, please visit htt
ps://www.energy.gov/ig/ig-ho
tline.

A
dditionally, the Recipient must be cognizant of the requirements of 2 CFR § 200.113 Mandatory disclosures, which states:

T
he non-Fe
deral entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-t hrough
entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non-Fe deral entities that
have received a Federal award including the term and condition outlined in appendix XII of 2 CFR Part 200 are required to report certain civil, criminal, or administrative proceedings to SAM (currently FAPIIS). Failure to make required disclosures can result in any of the remedies described in § 200.339. (See also 2 CFR part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313.) Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements

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25 Term 43. Reporting, Tracking and Segregation of Incurred Costs BIL funds can be used in conjunction with other funding, as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the BIL and related Office of Management and Budget (OMB) Guidance. The Recipient must keep separate records for BIL funds and must ensure those records comply with the requirements of the BIL.

Funding provided through the BIL that is supplemental to an existing grant or cooperative agreement is one-time funding.

Term 44. Davis-Bacon Requirements
This award is funded under Division D of the Bipartisan Infrastructure Law (BIL). All laborers and mechanics employed by the recipient, subrecipients, contractors or subcontractors in the performance of construction, alteration, or repair work in excess of $2000 on an award funded directly by or assisted in whole or in part by funds made available under this award shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code commonly referred to as the “Davis-Bacon Act” (DBA).

Recipients shall provide written assurance acknowledging the DBA requirements for the award or project and confirming that all of the laborers and mechanics performing construction, alteration, or repair, through funding under the award are paid or will be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by Subchapter IV of Chapter 31 of Title 40, United States Code (Davis-Bacon Act).

The Recipient must comply with all of the Davis-Bacon Act requirements, including but not limited to:
(1) ensuring that the wage determination(s) and appropriate Davis-Bacon clauses and requirements are flowed down to and incorporated into any applicable subcontracts or subrecipient awards.
(2) being responsible for compliance by any subcontractor or subrecipient with the Davis-Bacon labor standards.
(3) receiving and reviewing certified weekly payrolls submitted by all subcontractors and subrecipients for accuracy and to identify potential compliance issues.
(4) maintaining original certified weekly payrolls for 3 years after the completion of the project and must make those payrolls available to the DOE or the Department of Labor upon request, as required by 29 CFR 5.6(a)(2). (5) conducting payroll and job-site reviews for construction work, including interviews with employees, with such frequency as may be necessary to assure compliance by its subcontractors and subrecipients and as requested or directed by the DOE.

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Attachment: Exhibit C - Special Terms and Conditions (Acceptance of EECBG Grant) Award No. DE-SE0000848.0000 With City of Campbell
Special Terms and Conditions

26 (6) cooperating with any authorized representative of the Department of Labor in their inspection of records, interviews with employees, and other actions undertaken as part of a Department of Labor investigation. (7) posting in a prominent and accessible place the wage determination(s) and Department of Labor Publication: WH-1321, Notice to Employees Working on Federal or Federally Assisted Construction Projects.
(8) notifying the Contracting Officer of all labor standards issues, including all complaints regarding incorrect payment of prevailing wages and/or fringe benefits, received from the recipient, subrecipient, contractor, or subcontractor employees; significant labor standards violations, as defined in 29 CFR 5.7; disputes concerning labor standards pursuant to 29 CFR parts 4, 6, and 8 and as defined in FAR 52.222-14; disputed labor standards determinations; Department of Labor investigations; or legal or judicial proceedings related to the labor standards under this Contract, a subcontract, or subrecipient award. (9) preparing and submitting to the Contracting Officer, the Office of Management and Budget Control Number 1910-5165, Davis Bacon Semi-Annual Labor Compliance Report, by April 21 and October 21 of each year. Form submittal will be administered through the iBenefits system (https://doeibenefits2.energy.gov) or its successor system.

The Recipient must undergo Davis-Bacon Act compliance training and must maintain competency in Davis-Bacon Act compliance. The Contracting Officer will notify the Recipient of any DOE sponsored Davis-Bacon Act compliance trainings. The Department of Labor offers free Prevailing Wage Seminars several times a year that meet this requirement, at https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/events .

The Department of Energy has contracted with, a third-party DBA electronic payroll compliance software application. The Recipient must ensure the timely electronic submission of weekly certified payrolls as part of its compliance with the Davis-Bacon Act unless a waiver is granted to a particular contractor or subcontractor because they are unable or limited in their ability to use or access the software.

Davis Bacon Act Electronic Certified Payroll Submission Waiver A waiver must be granted before the award starts. The applicant does not have the right to appeal SCEP’s decision concerning a waiver request.

For additional guidance on how to comply with the Davis-Bacon provisions and clauses, see https://www.dol.gov/agencies/whd/government-contracts/construction and
https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in- construction.

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Attachment: Exhibit C - Special Terms and Conditions (Acceptance of EECBG Grant) Award No. DE-SE0000848.0000 With City of Campbell
Special Terms and Conditions

27 Term 45. Affirmative Action and Pay Transparency Requirements All federally assisted construction contracts exceeding $10,000 annually will be subject to the requirements of Executive Order 11246:

(1) Recipients, subrecipients, and contractors are prohibited from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin.

(2) Recipients and Contractors are required to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. This includes flowing down the appropriate language to all subrecipients, contractors and subcontractors.

(3
) Recipients, subrecipients, contractors and subcontractors are prohibited from taking adverse employment actions against applicants and employees for asking about, discussing, or sharing information about their pay or, under certain circumstances, the pay of their co
-w
orkers.

T
he Department of Labor’s (DOL) Office of Federal Contractor Compliance Programs (OFCCP) uses a neutral process to schedule contractors for compliance evaluations. OFCCP’s Technical Assistance Guide
2 should be consulted to gain an understanding of the requirements and possible actions the recipients, subrecipients, contractors and subcontractors must take.

Term 46. Potentially Duplicative Funding Notice
If the Recipient or subrecipients have or receive any other award of federal funds for activities that potentially overlap with the activities funded under this Award, the Recipient must promptly notify DOE in writing of the potential overlap and state whether project funds (i.e., recipient cost share and federal funds) from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items under this Award. If there are identical cost items, the Recipient must promptly notify the DOE Contracting Officer in writing of the potential duplication and eliminate any inappropriate duplication of funding.

Term 47. Transparency of Foreign Connections
During the term of the Award, the Recipient must notify the DOE Contracting Officer within fifteen (15) business days of learning of the following circumstances in relation to the Recipient or subrecipients:

2 See OFCCP’s Technical Assistance Guide at:
https://www.dol.gov/sites/dolgov/files/ofccp/Construction/files/ConstructionTAG.pdf?msclkid=9e397d68c4b111ec 9d8e6fecb6c710ec Also see the National Policy Assurances http://www.nsf.gov/awards/managing/rtc.jsp

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Attachment: Exhibit C - Special Terms and Conditions (Acceptance of EECBG Grant) Award No. DE-SE0000848.0000 With City of Campbell
Special Terms and Conditions

28 1. The existence of any joint venture or subsidiary that is based in, funded by, or has a foreign affiliation with any foreign country of risk;

2. Any current or pending contractual or financial obligation or other agreement specific to a business arrangement, or joint venture-like arrangement with an enterprise owned by a country of risk or foreign entity based in a country of risk;

3. Any current or pending change in ownership structure of the Recipient or subrecipients that increases foreign ownership related to a country of risk;

4. Any current or pending venture capital or institutional investment by an entity that has a general partner or individual holding a leadership role in such entity who has a foreign affiliation with any foreign country of risk;

5. Any current or pending technology licensing or intellectual property sales to a foreign country of risk; and

6. Any current or pending foreign business entity, offshore entity, or entity outside the United States related to the Recipient or subrecipient.

Term 48. Foreign Collaboration Considerations

a. Consideration of new collaborations with foreign organizations and governments.

The Recipient must provide DOE with advanced written notification of any potential collaboration with foreign entities, organizations or governments in connection with its DOE-funded award scope. The Recipient must await further guidance from DOE prior to contacting the proposed foreign entity, organization or government regarding the potential collaboration or negotiating the terms of any potential agreement.

b. Existing collaborations with foreign entities, organizations and governments. The Recipient must provide DOE with a written list of all existing foreign collaborations in which has entered in connection with its DOE-funded award scope.

c. Description of collaborations that should be reported: In general, a collaboration will involve some provision of a thing of value to, or from, the Recipient. A thing of value includes but may not be limited to all resources made available to, or from, the recipient in support of and/or related to the Award, regardless of whether or not they have monetary value. Things of value also may include in-kind contributions (such as office/laboratory space, data, equipment, supplies, employees, students).

In-kind contributions not intended for direct use on the Award but resulting in provision of a thing of value from or to the Award must also be reported.

Collaborations do not include routine workshops, conferences, use of the Recipient’s services and facilities by foreign investigators resulting from its standard published process for evaluating requests for access, or the routine use of foreign facilities by awardee staff in accordance with the Recipient’s standard policies and procedures.

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Attachment: Exhibit C - Special Terms and Conditions (Acceptance of EECBG Grant) Award No. DE-SE0000848.0000 With City of Campbell
Special Terms and Conditions

29 4.c
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City
Council
Report

TITLE: Approve and Award a One -Year Service Contract to Brightview Tree Care Services, Inc., in the Increased Amount of $127,765, for Median Landscaping Services in FY 2025, with the Option to Renew Up to Four Additional One -Year Contract Extensions, for a Total of Up to Five Years, and the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100
(Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution: 1) approving and awarding a one -year service contract to Brightview Tree Care Services, Inc., in the increased amount of $127,765, for median landscaping services in FY 2025, and the option to renew up to four (4) additional one-year contract extensions, for a total of up to five years, and subsequent contract amounts not to exceed the amount of funds programmed each fiscal year in the Public Works Parks Maintenance Operating Budget (207.775.7432) during that five-year term limit, and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

BACKGROUND

The Public Works Maintenance Division 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 include the maintenance of their hardscape components such as concrete, cobblestones, and pavers, and the irrigation systems that supply water to sustain their landscaped features.

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 the landscaping maintenance of the City’s medians and public rights-of-way, 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 profession al 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 rights -of-way. This Item: 5
Category: CONSENT CALENDAR
Meeting Date: July 16, 2024
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Approve and Award a One-Year Service Contract to Brightview Tree Care Services, Inc. Page 2 of 5 contractual partnership has greatly increased Public Works’ ability to meet the City’s other maintenance needs more promptly and efficiently.

In 2019, 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 rights-of-way through FY 20. With good performance, Brightview has since received four additional one -year contract extensions, which have allowed services to continue through FY 24. Based on those terms, services will conclude when the contract expires on June 30, 2024.

On April 16, 2024, the City Council adopted Resolution No. 13141 (Attachment B) – approving the specifications and authorizing staff to solicit bids from qualified contractors interested in providing landscaping maintenance services for the City’s median islands and public rights -of-way, as programmed in the proposed Parks Maintenance Operating Budget for FY 25. Additionally, the City Council also approved the subsequent award of a one -year service contract, in an amount not to exceed $86,000, pending the results from the lowest, responsive bidder and the approval of the proposed FY 25 Operating Budget. That approval included the option for the City to renew up to four additional one -year contract extensions, for a total of up to five years, and annual contract amounts not to exceed the amount of funds programmed each fiscal year in the Parks Maintenance Operating Budget during that five-year term.

Following City Council’s authorization, staff advertised the specifications with the request for bids on the QuestCDN website on April 22, 2024, with staff to begin the review process for those applications received by 2:00 pm on Wednesday, May 15, 2024. Preparations to award the contract would commence shortly thereafter pending staff’s review of the applications received and the approval of the FY 25 Parks Maintenance Operating Budget in early June 2024.

DISCUSSION

At the end of the application submittal period, the City received a total of two proposals from the following contractors: BrightView ($172,578) and Dinsmore Landscape ($246,966). After reviewing both proposals, staff determined that BrightView was the lowest, responsive bidder based on their total base bid amount, which was approximately $74,388 less than Dinsmore’s, and ability to provide services in accordance with the advertised scope of work. Additionally, Brightview also met the required qualifications as demonstrated by their successful and established work history with the City in recent years.

Although BrightView was the apparent low bidder, their total base bid exceeded the City Council's approved contract amount by approximately $86,578. Consequently, staff conducted a post-bid analysis to identify any factors or discrepancies contributing to the high bid results. During this review, it was discovered that the bid results reflected an unexpected surge in market conditions during the latter half of 2023, driven by unusually 5 Packet Pg. 54
Approve and Award a One-Year Service Contract to Brightview Tree Care Services, Inc. Page 3 of 5 high inflation rates. As material and supply costs continued to rise sharply, many contractors found it necessary to increase their own labor and equipment fees to mitigate these escalating expenses. Meanwhile, the extent of these price increases was unknown at the time as staff had already finalized the specifications and cost estimates for the bid solicitation, which was based on the standard 10% markup from the previous years’ service costs and consistent with the amount of funds programmed in the proposed Parks Maintenance Operating Budget for FY 25.

Nevertheless, since all bid items were designated as revocable, the City maintains the authority to exclude or defer specific items before finalizing and awarding the contract.

Therefore, upon reviewing BrightView's bid sheet (Attachment C), staff opted to exclude the irrigation reporting services for eleven of the twelve median locations, citing the City’s existing maintenance programs that already monitor and repair various irrigation systems and their related components. With the exception of the Jasmine Ct/Laurance Ct location, which falls under the jurisdiction of the City’s Community Facilities District #2, eliminating this service and its associated costs from the eleven locations will reduce BrightView’s total base bid by $44,812, thereby resulting in a total contract amount of approximately $127,765.

With regard to funding, $6,524 for the combined landscaping and irrigation services at the Jasmine Ct/Laurance Ct location will be funded through the Community Facilities District #2 Operating Budget (237.741). The remaining $121,241 is proposed to be funded through the Parks Maintenance Operation Budget. While this is greater than the budgeted amount of $86,000, the additional amount can be absorbed by rebalancing funding within the contractual services allocation. This would include funding for emergency tree work or unexpected repairs/replacements of park amenities (e.g., playground equipment, benches/tables, restrooms, etc.). Staff will monitor the use of these funds and ensure that any funds re -allocated from these services in FY 25 are restored to their respective purposes by adjusting the amount of funds allocated in the Parks Maintenance Operating Budget for contractual landscaping services in subsequent fiscal years.

NEXT STEPS

Staff is requesting that the City Council approve and award a one -year service contract to BrightView, in the increased amount of $127,765, to provide landscaping maintenance services for the City’s median islands and public rights -of-way in FY 25.

Additionally, staff is requesting that the City Council approve the City’s option to renew up to four additional one -year service contracts (extensions), for a total of up to five years, and subsequent contract amounts not to exceed the amount of funds programmed each fiscal year in the Parks Maintenance Operating Budget during that five-year term.

Lastly, staff is requesting City Council’s authorization for the City Manager to execute said contract as specified in Campbell Municipal Code Section 3.20.100. Pending this authorization, staff will incorporate the applicable details into the City’s Standard 5 Packet Pg. 55
Approve and Award a One-Year Service Contract to Brightview Tree Care Services, Inc. Page 4 of 5 Services Agreement (see Attachment D) 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 $127,765 in FY 25 – a figure consistent with amount of funds programmed for contractual landscaping services and other parks maintenance services in the approved Public Works Parks Maintenance Operating Budget (207.775.7432), and those allocated for similar services in the approved Community Facilities District #2 Operating Budget (237.741.7432), for FY 25. From that total contract amount, $121,241 will be funded through the Parks Maintenance Operating budget, while the remaining balance of $6,524 for services performed at the Jasmine Ct/Laurance Ct location will be funded separately through the Community Facilities District #2 Operating Budget. Collectively, sufficient funds are available to award a contract and commence landscaping services for the City’s medians and public rights-of-way in FY 25.

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 and award the median landscaping contract in the increased amount at this time.

2. Direct staff to take alternate action.

Prepared by:

Carina Shattuck, Administrative Analyst I

Reviewed by:

Todd Capurso, Director of Public Works
5 Packet Pg. 56
Approve and Award a One-Year Service Contract to Brightview Tree Care Services, Inc. Page 5 of 5

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. Council Report & Signed Resolution No. 13141 - April 16 2024 c. Brightview Proposal (Bid Sheet) - Median Landscaping Services d. Sample Services Agreement - Median Landscaping Services 5 Packet Pg. 57

RESOLUTION NO.

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

AWARDING A ONE-YEAR SERVICE CONTRACT TO BRIGHTVIEW TREE CARE SERVICES INC., IN THE INCREASED AMOUNT OF $127,765, FOR MEDIAN LANDSCAPING SERVICES IN FY 25, AND THE OPTION TO RENEW UP TO FOUR (4) ADDITIONAL ONE-YEAR

CONTRACT EXTENSIONS, FOR A TOTAL OF UP TO FIVE YEARS, AND SUBSEQUENT

CONTRACT AMOUNTS NOT TO EXCEED THE AMOUNT OF FUNDS PROGRAMMED EACH

FISCAL YEAR IN THE PUBLIC WORKS PARKS MAINTENANCE OPERATING BUDGET DURING THAT FIVE-YEAR TERM LIMIT, AND 2) AUTHORIZING THE CITY MANAGER TO

EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION

3.20.100 (RESOLUTION/CONSENT)

WHEREAS, the Public Works Maintenance Division maintains approximately 365,000 square feet (8.4 acres) of median islands and other right s-of-way areas to promote safe travel conditions for pedestrians and vehicles; and

WHEREAS, the City has contracted its median landscaping services to professional providers who possess the necessary training and equipment to maintain these features in a prompt and efficient manner; and

WHEREAS in 2019, the City awarded a one-year service contract to Brightview Landscape to provide landscaping services for the City’s medians and other rights-of-way areas through the end of FY 20, and has since received four additional one-year contract extensions to continue services through the end of FY 24; and

WHEREAS, with the current landscaping 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

WHEREAS, on April 16, 2024, the City Council adopted Resolution No. 13141 – approving the specifications and authorizing staff to solicit bids from qualified contractors interested in providing 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, and the subsequent award of a one-year service contract, in an amount not to exceed $86,000, with the option to renew up to four additional one-year contract extensions, for a total of up to five years, and annual contract amounts not to exceed those programmed each fiscal year in the Parks Maintenance Operating Budget; and

WHEREAS, the specifications with the request for bids were posted on the QuestCDN website on April 22, 2024, for a period of three weeks; and

WHEREAS, at the end of the application submittal period, the City received a total of two proposals from the following contractors: BrightView and Dinsmore Landscape; and

WHEREAS, after reviewing both proposals, staff determined that BrightView was the lowest, responsive bidder based on their total base bid amount and ability to provide services in accordance with the advertised scope of work; and

WHEREAS, since Brightview’s base bid amount exceeds the approved contract amount, staff has opted to exclude the irrigation reporting services proposed for eleven of the twelve median locations

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Attachment: Resolution (Approve and Award a One-Year Service Contract to Brightview Tree Care Services, Inc.)

to eliminate an additional $44,812 in proposed service costs and reduce the proposed contract amount to $127,765; and

WHEREAS, staff is requesting that the City Council approve and award a one-year service contract to BrightView, in the increased amount of $127,765, for median landscaping services in FY 25, with the option for the City to renew up to four additional one -year contract extensions, for a total of up to five years, and subsequent contract amounts not to exceed the amount of funds programmed each fiscal year in the Parks Maintenance Operating Budget during that five -year term; and

WHEREAS, funding in the amount of $6,524 will be provided by the approved FY 25 Public Works Community Facilities District #2 Operating Budget to cover the costs associated with the landscaping and irrigation services at the Jasmine Ct/Laurance Ct location; and

WHEREAS, the remaining contract balance of $121,241 will be funded through the approved Public Works Parks Maintenance Operating Budget for FY 25 , which includes the $86,000 allocated for contractual landscaping services and approximately in $35,241 in supplemental funds to be re-allocated from other park maintenance services; and

WHEREAS, funding programmed for contractual landscaping services will be adjusted over subsequent fiscal years to replenish those funds re -allocated from other parks maintenance services in FY 25; and

WHEREAS, staff also 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 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 and awards a one -year service contract to Brightview Tree Care Services, Inc., in the increased amount of $127,765, for median landscaping services in FY 2025, and the option to renew up to four (4) additional one -year contract extensions, for a total of u p to five years, and subsequent contract amounts not to exceed the amount of funds programmed each fiscal year in the Public Works Parks Maintenance Operating Budget during that five -year term limit, and 2) authorizes the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.

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

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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Attachment: Resolution (Approve and Award a One-Year Service Contract to Brightview Tree Care Services, Inc.)

APPROVED:
_________________________________
Susan M. Landry, Mayor

ATTEST:
___________________________
Andrea Sanders, City Clerk

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Attachment: Resolution (Approve and Award a One-Year Service Contract to Brightview Tree Care Services, Inc.)

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

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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

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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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Attachment: Council Report & Signed Resolution No. 13141 - April 16 2024 (Approve and Award a One-Year Service Contract to Brightview Tree Landscaping Services Contract Page 5 of 5
Todd Capurso, Director of Public Works

Approved by:

Angelique Gaeta, Assistant City
Manager

Attachment:
a. Resolution
b. Bid Specifications for Median Landscaping Services

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Attachment: Council Report & Signed Resolution No. 13141 - April 16 2024 (Approve and Award a One-Year Service Contract to Brightview Tree RESOLUTION NO. 13141
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
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 2019, 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 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 bidsto solicitservicesfromqualifiedprofessionalsto maintainthe landscapingonthe 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

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Attachment: Council Report & Signed Resolution No. 13141 - April 16 2024 (Approve and Award a One-Year Service Contract to Brightview 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 $ 86,000in FY25, however, fundinginthis proposed amount has been programmed in the PublicWorks 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 .16thday of April, 2024, by the following roll call vote:

AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:

M
Susan M. Lan , Mayor
ATTEST:
44/h
Andrea Sa d rs, City Clerk

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Landscape Maintenance Service for Median Islands and
Right-of-Ways
Bid Sheet
Description {Section 8) Unit Quantity Unit Cost (Revocable) Bascom Ave Medians
Landscape Service as described in Section 6.1 Each 6 $2 220.93 Monthly Irrigation Report as described in 6.5 Each 12 $278.98 Hamilton Ave Medians
Landscape Service as described in Section 6.1 Each 4 $8 957.67 Monthly Irrigation Report as described in 6.5 Each 12 $943.56 Hamilton Ave - Hwy 17 On Ramp Frontage
Quarterly Landscape Service as described in Section 6.1 Each 4 $620.31 Winchester Blvd. Medians
Landscape Service as described in Section 6.1 Each 4 $3 325.24 Monthly Irrigation Report as described in 6.5 Each 12 $467.27 Campbell Ave Medians
Landscape Service as described in Section 6.1 Each 4 $1 ,674.16 Monthly Irrigation Report as described in 6.5 Each 12 $250.19 San Tomas Expressway Medians
Landscape Service as described in Section 6.1 Each 4 $2,276 .04 Monthly Irrigation Report as described in 6.5 Each 12 $449.87 Westmont Ave Medians
Landscape Service as described in Section 6.1 Each 4 $613.89 Monthly Irrigation Report as described in 6.5 Each 12 $232 .33 Creekside Way Medians
Landscape Service as described in Section 6.1 Each 4 $1,281 .55 Monthly Irrigation Report as described in 6.5 Each 12 $243.31 Winchester/Hacienda Percolation Pond
Landscape Service as described in Section 6.1 Each 4 $1,130.01 Monthly Irrigation Report as described in 6.5 Each 12 $240.42 Community Facilities District #2 (Jasmine
Court/Laurance Ct )
Landscape Service as described in Section 6.1 Each 12 $306.77 Monthly Irrigation Report as described in 6.5 Each 12 $236 .99 Hacienda Ave C3 Water Treatment Parkstrips
Landscape Service as described in Section 6.1 Each 12 $2,173.28 Monthly Irrigation Report as described in 6.5 Each 12 $522 .90 Camden Ave Medians
Landscape Service as described in Section 6.1 Each 3 $773.32 Monthly Irrigation Report as described in 6.5 Each 4 $316 .64

TOTAL BID AMOUNT
Total Bid Amount in Written Form:

One hundred seventy-two thousand five hundred seventy-eight dollars and two cents.

BP-1
Extended
Price
$13 325.58
$3,347 .76
$35 830.68
$11,322 .72
$2,481.24
$13 300.96
$5,607.24
$6,696.64
$3,002.28
$9,104 .16
$5,398.44
$2,455.56
$2,787 .96
$5, 126.20
$2 919.72
$4,520 .04
$2,885.04
$3,681 .24"'
$2,843 .88
~
$26,079.36
$6,274.80
$2,319.96
$1,266.56
$172,578.02
Yellow Highlight = City opting
out of Service & Extended Price

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Attachment: Brightview Proposal (Bid Sheet) - Median Landscaping Services (Approve and Award a One-Year Service Contract to Brightview SAMPLE

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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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Attachment: Sample Services Agreement - Median Landscaping Services (Approve and Award a One-Year Service Contract to Brightview Tree

City
Council
Report

TITLE: Authorization to Issue Request for Proposals for Consultant Services for Hamilton Avenue/Highway 17 Bicycle Overcrossing Feasibility Study (CIP No. 24-YY) (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution authorizing the issuance of a Request for Proposal (RFP) for consultant design services for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Feasibility Study, approve a consultant services agreement, and authorize the City Manager to execute an agreement with the selected design consultant in an amount not to exceed $260,000.

BACKGROUND

On February 7, 2023, the City Council adopted Resolution No. 12935 authorizing the Public Works Director to submit a 2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program grant application for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Study. This study would evaluate how best to improve bicycle and pedestrian mobility across State Route 17 near the existing Hamilton Avenue Bridge. The resolution also authorized the use of ARPA funds to serve as a local match for the grant application.

On June 1, 2023, the Santa Clara Valley Transportation Authority (VTA) Board approved a recommended project list for the 2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program call for projects for Fiscal Year FY/22 to FY/23. This list included the Hamilton Avenue/Highway 17 Bicycle Overcrossing Feasibility Study.

On January 22, 2024, the City Council adopted Resolution No. 13101 approving a funding agreement for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Feasibility Study and authorizing the City Manager to execute the agreement. A budget adjustment was also executed establishing this Project 24 -YY in the amount of $380,000. The project was funded by the VTA grant in the amount of $266,000 and by an allocation of ARPA funding in the amount of $114,000.

On April 5, 2024, a VTA funding agreement between the City and VTA was executed for this project.

Item: 6
Category: CONSENT CALENDAR
Meeting Date: July 16, 2024
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RFP for Hamilton Ave/Highway 17 Feasibility Study Page 2 of 4

DISCUSSION

Hamilton Avenue/Highway 17 Bicycle Overcrossing Feasibility Study Project Scope

The Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study would evaluate how best to improve bicycle and pedestrian mobility across State Route 17 near the existing Hamilton Avenue Bridge. The goal of the study would be to develop feasible alternatives, assess the impacts of each alternative, and determine a preferred alternative to carry forward to final design.

The project would study existing bicycle and pedestrian facilities along Hamilton Avenue, bicycle and pedestrian travel patterns, surrounding context and planning efforts, alternative alignments, impacts to utilities and right -of-way, environmental impacts, structural and geotechnical constraints, recommended preferred alignment, and preliminary project cost estimates.

The study would involve coordination with the City Council and Campbell Bicycle and Pedestrian Advisory Committee, Caltrans, VTA, Campbell residents, and other stakeholders. The preferred alignment and preliminary cost estimates developed by this study would provide input (e.g., location and cost of the preferred alternative) for the Hamilton Avenue Precise Plan.

The Request for Proposals would seek consultant services from a highly qualified team that will perform the requested services. The selected team must possess a solid understanding of the project goals and expertise in engineering fundamentals, public engagement, and Caltrans design policies. The selected team will need to present a reasonable approach for accomplishing the work in a thorough and efficient manner.

Required Consultant Services

Consultant services are needed to provide technical expertise in areas such as feasibility studies of bicycle and pedestrian overcrossings; alternatives analysis of transportation facilities; civil and structural engineering; and, Caltrans standards, processes, and policies. The consultant must be skilled in public engagement and preparing conceptual plans and planning-level cost estimates.

Attachment 2 is the Requests for Proposals (RFP) for consultant services to evaluate existing bicycle and pedestrian facilities along Hamilton Avenue, bicycle and pedestrian travel patterns, surrounding context and planning efforts, alternative alignments, impacts to utilities and right -of-way, environmental impacts, and structural and geotechnical constraints. The consultant will be responsible for coordinating with multiple stakeholders including the City Council, Campbell Bicycle and Pedestrian Advisory Committee (BPAC), Caltrans, VTA, and Campbell residents of varying backgrounds.

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RFP for Hamilton Ave/Highway 17 Feasibility Study Page 3 of 4 The cost of consultant services is estimated at $240,000.

Following the Council’s authorization to issue a Request for Proposals, staff will advertise the project, open the proposals, and evaluate the proposals. To avoid delays to the design phase, staff is also requesting that the City Council approve the draft Consultant Services Agreement (attachment 2 of the RFP) and authorize the City Manager to enter into a consultant services agreement with the most qualified respondent.

Tentative Schedule

The tentative schedule is as follows.

Council Authorizes Issuing RFP for Consultant Services July 17, 2024 Advertise Request for Proposals July-August 2024
Evaluation & Selection of Consultant September-October 2024 Negotiate Contract Cost October-November 2024
Caltrans Review of Contract Documents September-October 2024 Kickoff Meeting November 2024
Feasibility Study Analysis December 2024 -
November
2025
Final Report to City Council November 2025

FISCAL IMPACT

The City has secured $266,000 in Measure B funds (though VTA) and the City Council has previously authorized an additional $1 14,000 in American Rescue Plan Act (ARPA) funds as a local contribution. Therefore, a total of up to $3 80,000 is available for preparing the feasibility study. This total amount should be sufficient to cover the cost of consultant services and staff costs.

The attached resolution has been prepared for the City Council to authorize the issuance of an RFP for consultant services , to approve the attached draft Consultant Services Agreement (attachment 2 to the RFP), and to authorize the City Manager to execute an agreement with the selected design consultant in an amount not to exceed $260,000.

ALTERNATIVES

1. Do not authorize issuance of the RFP for consultant services. This alternative is not recommended as it jeopardizes the grant funding. The grant is scheduled to expire in June 2026.

2. Do not authorize the City Manager to enter into a consultant services agreement and return to the City Council with the most qualified consultant. This alternative is not 6 Packet Pg. 81
RFP for Hamilton Ave/Highway 17 Feasibility Study Page 4 of 4 recommended as it would cause a delay to the project. The cost estimate of the preferred alternative would be used in the Hamilton Avenue Precise Plan which is tentatively scheduled to be completed in April 2026.

Prepared by:

Matthew Jue, Traffic Engineer

Reviewed by:

Todd Capurso, Director of Public Works

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. Request For Proposal, Project 24-YY
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RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR CONSULTANT SERVICES FOR THE HAMILTON AVENUE/HIGHWAY 17 BICYCLE

OVERCROSSING FEASIBILITY STUDY, APPROVING A CONSULTANT SERVICES

AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH THE SELECTED DESIGN CONSULTANT IN AN AMOUNT NOT TO EXCEED $260,000

WHEREAS, on February 7, 2023, the City Council adopted Resolution No. 12935 authorizing the Public Works Director to submit a 2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program grant application for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Study; and

WHEREAS, on June 1, 2023, the Santa Clara Valley Transportation Authority (VTA) Board approved a recommended project list for the 2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program call for projects for Fiscal Year (FY) 2022 to FY2023; and

WHEREAS, this list included the Hamilton Avenue/Highway 17 Bicycle Overcrossing Feasibility Study; and

WHEREAS, on January 22, 2024, the City Council adopted Resolution No. 13101 approving a funding agreement and authorizing the City Manager to execute the agreement; and

WHEREAS, on January 22, 2024, the City Council approved the utilization of ARPA funds in the amount of $114,000 to serve as the local match for the grant agreement; and

WHEREAS, on April 5, 2024, a VTA funding agreement between the City and VTA was executed for this project; and

WHEREAS, the Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study would evaluate how best to improve bicycle and pedestrian mobility across State Route 17 near the existing Hamilton Avenue Bridge; and

WHEREAS, the goal of the study would be to develop feasible alternatives, assess the impacts of each alternative, and determine a preferred alternative to carry forward to final design; and

WHEREAS, the project would study existing bicycle and pedestrian facilities along Hamilton Avenue, bicycle and pedestrian travel patterns, surrounding context and planning efforts, alternative alignments, impacts to utilities and right -of-way, environmental impacts, structural and geotechnical constraints, recommended preferred alignment, and preliminary project cost estimates; and

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Attachment: Resolution (RFP for Hamilton Ave/Highway 17 Feasibility Study)

WHEREAS, consultant services are needed to provide technical expertise in areas such as feasibility studies of bicycle and pedestrian overcrossings; alternatives analysis of transportation facilities; civil and structural engineering; and, Caltrans standards, processes, and policies; and

WHEREAS, the consultant must be skilled in public engagement and preparing conceptual plans and planning-level cost estimates; and

WHEREAS, the cost of consultant services is estimated at $240,000; and

WHEREAS, to avoid delays to the design phase, staff is also requesting City Council to approve the agreement and authorize the City Manager to enter into a consultant services agreement with the most qualified respondent; and

WHEREAS, the City has secured $266,000 in Measure B funds and the City Council authorized an additional $114,000 in American Rescue Plan Act (ARPA) funds as a local contribution; and

WHEREAS, this total amount of $380,000 is sufficient to cover the cost of consultant services and staff costs.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that the Public Works Director is hereby authorized to issue a Request for Proposals for consultant services for preparing the Hamilton Avenue/Highway 17 Bicycle Overcrossing Feasibility Study; and

BE IT FURTHER RESOLVED that the City Council approves the consultant services agreement and authorizes the City Manager to execute an agreement with the selected design consultant in an amount not to exceed $260,000.
.

PASSED AND ADOPTED this ________ day of __________, 2024, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:

APPROVED:

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

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Attachment: Resolution (RFP for Hamilton Ave/Highway 17 Feasibility Study)

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Attachment: Resolution (RFP for Hamilton Ave/Highway 17 Feasibility Study) July 17, 2024
Request for Proposals
Hamilton Avenue-State Route 17 Bicycle Overcrossing Feasibility Study (Project 24-YY)
Proposals Due: 3:00 p.m., Tuesday, August 13, 2024
________________________________________________
Overview
The City of Campbell is pleased to announce a request for proposals (RFP) to provide consultant services for the Hamilton Avenue/State Route 17 Bicycle Overcrossing Feasibility Study (Project 24-YY). The project would evaluate how best to improve bicycle and pedestrian mobility across State Route (SR) 17 near the existing Hamilton Avenue bridge. The goal of the study would be to develop feasible alternatives, assess the impacts of each alternative, and determine a preferred alternative to carry forward to final design.

The selected consultant will be responsible for evaluating existing bicycle and pedestrian facilities along Hamilton Avenue, bicycle and pedestrian travel patterns, surrounding context and planning efforts, alternative alignments, impacts to utilities and right -of-way, environmental impacts, and structural and geotechnical constraints . Based on study findings, the selected firm shall recommend preferred alignment, and preliminary project cost estimates.

The study will involve coordination with the City Council, Campbell Bicycle and Pedestrian Advisory Committee (BPAC), Caltrans, VTA, Campbell residents, and other stakeholders.

Assume an available budget of $ 240,000 when determining the level of effort needed in responding to this RFP. The selected firm will be responsible for developing alternate alignment scenarios, recommendations, and a summary report that ultimately recommend a preferred alignment and preliminary cost estimate that will provide input for the Hamilton Avenue Precise Plan.

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Attachment: Request For Proposal, Project 24-YY (RFP for Hamilton Ave/Highway 17 Feasibility Study) Request For Proposals
Hamilton Avenue-State Route 17 Bicycle Overcrossing Feasibility Study

Background
This study is being funded through a grant from the VTA’s 2016 Measure B Bicycle & Pedestrian Planning Studies Grant Program. This program gives priority to projects that connect to schools, transit, and employment centers; fills gaps in the existing bike and pedestrian network; safely cross barriers to mobility; and, make walking or biking safer and more convenient. The program supports planning activities that will lead to capital project development of projects included in the 2016 Measure B ballot measure.

There are currently three east -west corridors that cross State Route 17: Hamilton Avenue, Campbell Avenue, and San Tomas Expressway. The Hamilton Avenue/ State Route 17 interchange provides an uncomfortable high-stress environment through which to cross over State Route 17. Hamilton Avenue has high -volume, high -speed traffic traveling onto and off freeway on-ramps. Hamilton Avenue east of Salmar Avenue has no bicycle signs and markings and no shoulders. Bicyclists currently share lanes with motor vehicles or ride/walk their bikes on the sidewalk. Hamilton Avenue would benefit from improvements to reduce or eliminate conflicts between motorists and bicyclists potentially with a separated facility.

Planning Documents
Countywide Bicycle Plan (2018). The City adopted the Countywide Bicycle Plan as its bicycle plan. This plan identifies locations called Across Barrier Connections ( ABCs) which are “problem spots” where improvements are needed to close gaps in the County’s bicycle network. ABCs are sorted into three categories. Category 2, Unfriendly Freeway Interchanges, are f reeway interchanges with free on/off -ramps or no bicycle lane or shoulder. The Hamilton Avenue crossing over SR 17 is identified as Category 2 Across Barrier Connection—Unfriendly Freeway Interchanges, No. BP4.

Bascom Avenue Complete Streets Corridor Study ( 2020). VTA’s Bascom Avenue Complete Streets Phase 1 Project is currently being designed. The Phase 1 corridor extends between Interstate 880 near Hedding Street and Hamilton Avenue. This project will decrease Bascom Avenue from three lanes per direction to two lanes per direction and add Class IV bike lanes separated from traffic lanes by raised islands. VTA has secured grant funds for the construction phase of this project.

In the future, Phase 2 would have major changes to the Hamilton Avenue/Bascom Avenue intersection geometry and traffic signal design. The pork-chop islands would be removed and the corner radii would be tightened. Phase 2 is mentioned in VTA’s Bascom Corridor Complete Streets Study but there is no funding yet for a design project. The Bascom Corridor Complete Streets Study provides preliminary concept drawings for the Hamilton Avenue/Bascom Avenue intersection.

Envision Campbell (2023). Envision Campbell, the City’s recently adopted General Plan Update, includes Hamilton Avenue in its Bikeways Map. Goal T -1 states, “Create a

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Attachment: Request For Proposal, Project 24-YY (RFP for Hamilton Ave/Highway 17 Feasibility Study) Request For Proposals
Hamilton Avenue-State Route 17 Bicycle Overcrossing Feasibility Study

Complete Streets network that accommodates all users.” Policy T-1.2 says, “Implement best practices to improve the pedestrian and bicycle environment.” Action T -1.h says, “Improve pedestrian and bicycle access to bus and light rail stations when evaluati ng opportunities with new development proposals and capital improvement projects. In cooperation with VTA, evaluate transit-waiting environments to improve convenience and comfort.”
Hamilton Avenue Precise Plan
Goal LU-9 of Envision Campbell states, “Facilitate the transition of the Hamilton Avenue area into a vibrant, transit -oriented, mixed-use district with safe and convenient multimodal connectivity.” The City of Campbell aims to implement this goal by through the preparation and adoption of a Precise Plan for the Hamilton Avenue area (see Hamilton Avenue Precise Plan Overview) as follows:
o LU-9.a: Prepare and adopt a Precise Plan for the Hamilton Avenue area shown on Figure LU-2.

The City of Campbell has secured a planning grant from the Metropolitan Transportation Commission (MTC) to achieve the following key objectives: 1) identify preferred transportation improvements to occur in the Hamilton Avenue Precise Plan area as well as in its immediate vicinity with a focus on providing for better east -west connectivity across SR 17 for bicy cles and pedestrians, including potential development of a new bridge and improved streetscape standards; 2) identify preferred gateway and architectural design features to occur at major roadway intersections within Precise Plan boundary as well as in its immediate vicinity; 3) identify options to amend the Precise Plan boundary to account for preferred transportation improvement and gateway and architectural design features; 4) analyze and consider policy changes consistent with MTC’s Transit -Oriented Communities (TOC) Policies within the plan area; 5) partially design preferred transportation improvements and gateway features at a sufficient level

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Attachment: Request For Proposal, Project 24-YY (RFP for Hamilton Ave/Highway 17 Feasibility Study) Request For Proposals
Hamilton Avenue-State Route 17 Bicycle Overcrossing Feasibility Study

of detail to produce accurate cost estimates; 6) accurately assess and appropriately assign costs associated with transportation improvements and gateway features through the development of impact fees based on the partial design plans and feasible build -out potential of the area; and 7) evaluate the environmental impacts of the project.

The Hamilton Avenue-State Route 17 Bicycle Overcrossing Feasibility Study will provide the Hamilton Avenue Precise Plan with the conceptual design and planning -level cost estimate of the preferred, feasible alternative for the proposed bicycle overcrossing.

Since the feasibility study and Precise Plan will most likely have concurrent timelines, coordination between the Feasibility Study and Precise Plan efforts will be critical to complete services by April 2026 as outlined in the preliminary schedule of the Precise Plan.

Initial BPAC Feedback
On January 19, 2023, t he Campbell BPAC expressed the following concerns and comments regarding Hamilton Avenue over State Route 17. • The lack of bike facilities (e.g., markings, dedicated bike lanes) makes Hamilton Avenue a loud, uninviting, and unsafe nightmare for bicyclists. • Without bike markings, Hamilton Avenue is unclear for where bicyclists should travel. • Freeway ramps present serious conflicts for bicyclists. • Hamilton Avenue was designed for cars.
• There is an issue with equity for the portion of population (e.g., Equity Priority Community to the west of Winchester Boulevard) that depends on bicycling for commuting.

The City of Campbell is soliciting proposals from qualified firms , “ CONSULTANT”, to provide the following services, as necessary, but not limited to:
• Project Management
• Records Research and Best Practices
• Public Engagement
• Stakeholder Interviews
• Alternatives Analysis
• Draft Feasibility Study
• Final Feasibility Study.

Minimum Qualifications
A highly qualified team will consist of Professional Civil Engineers and Transportation Engineers with experience in evaluating the feasibility of and designing bicycle overcrossings. The prime CONSULTANT shall have at least five (5) years of experience

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Attachment: Request For Proposal, Project 24-YY (RFP for Hamilton Ave/Highway 17 Feasibility Study) Request For Proposals
Hamilton Avenue-State Route 17 Bicycle Overcrossing Feasibility Study

in these activities. Knowledge and experience with Caltrans design standards and guidelines, policies, and processes are essential. The CONSULTANT should have expertise in c ivil and transportation engineering design , geometric design, alternatives analysis of bicycle and pedestrian overcrossings over Caltrans facilities , and public engagement.

Scope of Services
The CONSULTANT shall comply with all insurance requirements of the City of Campbell, included in the sample agreement in Attachment 5.

Amendments to the agreement will be required to modify the terms of the original agreement for changes such as extra time, added work, or increased costs and must be made prior to expiration of the original agreement.

The overall work effort will be a collaboration between City staff and CONSULTANT. The project will be structured into the following primary tasks:

1. Project Management – The CONSULTANT shall be responsible for project management activities throughout the life of the agreement and the scope of activities which include but are not limited to, coordinating and being responsible for managing the project schedule, preparing and distributing minutes, field reviews, tracking action items f or the City of Campbell and sub consultant(s), and preparing all submissions to the City of Campbell.

The CONSULTANT will provide support for the following meetings over the course of the project:
• Kick-off meeting (1)
• Coordination meetings with City staff (as proposed by the CONSULTANT) • Bicycle and Pedestrian Advisory Committee meeting (1 minimum) • City Council adoption meeting (1 minimum)
The CONSULTANT will attend all meetings, take meeting notes, submit meeting summaries, provide draft materials and presentations two weeks in advance of meetings, schedule monthly calls/meetings, and submit monthly invoices.

The kick-off meeting will be held with City staff to:
a. Introduce City Staff to the CONSULTANT Team
b. Review objectives of the project
c. Review scope of services
d. Confirm project areas/boundaries
e. Collect available data and published material
f. Review project schedule
g. Establish communication channels
h. Review and list all applicable design and planning standards

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Attachment: Request For Proposal, Project 24-YY (RFP for Hamilton Ave/Highway 17 Feasibility Study) Request For Proposals
Hamilton Avenue-State Route 17 Bicycle Overcrossing Feasibility Study

2. Records Research and Best Practices – Research all information pertinent to the project including but not limited to existing field condition s, as -built plans and record drawings, right-of-way data and all future improvement plans adjacent to or affecting the project site. The selected CONSULTANT shall identify all existing and proposed infrastructure projects that may influence current and future travelers on Hamilton Avenue over State Route 17.

3. Public Engagement - Public engagement will be an important component of the study. The City wishes to engage various groups including the disabled, elderly, children, and the Equity Priority Communities (EPCs) that use Hamilton Avenue over Highway 17. The public should p articipate in establishing evaluation criteria for alternatives and feedback on alternatives and proposed alignments. The CONSULTANT shall suggest creative means of engaging the public efficiently and effectively.

4. Stakeholder Interviews – The CONSULTANT shall arrange meetings to interview various stakeholders concerning vision of the bicycle overcrossing, feedback on priorities, and constraints. Besides other public agencies, the CONSULTANT shall consider other stakeholders including the Campbell Bicycle and Pedestrian Advisory Committee (BPAC).

5. Alternatives Analysis - The CONSULTANT shall perform professional planning analysis to determine alternate alignment scenarios with cross -sections for this project from Salmar Avenue to Creekside Way. The engineering conclusions leading to the preferred alignment and design should be document ed in a final report which will also include planning level cost estimates. Based on information collected from engineering surveys and public engagement, the CONSULTANT shall prepare at least three preliminary alternatives in terms of factors such as horizontal and vertical alignments, physical obstructions, practicality, understanding of Caltrans design policies, best practices in bicycle planning and design, and constructability. The CONSULTANT is encouraged to include additional factors as appropriate.

A complete layout based upon results of the alternatives analysis and consisting of 20-scale plan view and 10-scale cross section exhibits, shall be prepared using City Standard 22” x 34” Border and Title Block and submitted to the City for review for each of the alternative. Plan view and cross section exhibits shall provide geometric design, including dimensions of striping and sign enhancements, crosswalk enhancements, traffic control devices, curb, gutter, and sidewalk extensions, and transition areas.

In addition, the CONSULTANT shall be responsible for the following:

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Attachment: Request For Proposal, Project 24-YY (RFP for Hamilton Ave/Highway 17 Feasibility Study) Request For Proposals
Hamilton Avenue-State Route 17 Bicycle Overcrossing Feasibility Study

• Presentation of alternatives to the City’s Bicycle and Pedestrian Advisory Committee at their regular meeting.
• Refinement of alternatives based on City staff input. • Evaluation and recommendation of a preferred alternative. • Presentation of preferred alternative to the City Council at its regular meeting.

6. Draft Feasibility Study – CONSULTANT will develop draft feasibility study for City review. CONSULTANT will provide an outline prior to developing the full draft document and should plan for two to three rounds of revisions to the draft study.

The draft feasibility study shall include, but shall not be limited to, the following sections and high-quality images:
• Introduction
• Existing Conditions
• Review/Discussion of relevant planning documents
• Summary of Public Engagement
• Alternatives Analysis

7. Final Feasibility Study – Based on comments generated from the City’s review of the Draft Feasibility Study, CONSULTANT shall finalize the feasibility study based on City input and will present this final plan to Council for approval.

Deliverable Schedule
Draft Feasibility Study: October 2025
Final Feasibility Study: November 2025
For fee proposal purposes, the CONSULTANT should assume the available budget is approximately $ 240,000. Any modifications proposed to this solicitation are welcome provided they are innovative, advanced, and well thought out methodologies and shall be identified as optional and priced out separately.

Submission Requirements and Proposal Format
The City Clerk’s Office will be accepting all proposals electronically. Proposals shall be submitted via email to [email protected] with subject line “Hamilton Avenue/State The cost proposal is to be submitted in a separate email from the proposal to [email protected], with subject line “Hamilton Avenue/State Route 17 Bicycle Overcrossing Feasibility Study (Project 24-YY) - Cost Proposal”.

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Attachment: Request For Proposal, Project 24-YY (RFP for Hamilton Ave/Highway 17 Feasibility Study) Request For Proposals
Hamilton Avenue-State Route 17 Bicycle Overcrossing Feasibility Study

Proposals received after the time and date specified above will be considered nonresponsive and will be returned to the CONSULTANT.

Any proposals received prior to the time and date specified above may be withdrawn or modified by written request of the CONSULTANT. To be considered, however, the modified proposal must be received prior to 3:00 P.M., August 13, 2024.

Questions re lated to this RFP shall be submitted in writing via Quest/CDN website.

Questions shall be submitted by 5:00 P.M., August 2, 2024.

Responses to questions will be posted to the Quest/CDN website by August 8, 2024.

Proposals submitted in response to this RFP will be used as a basis for selecting the CONSULTANT and will be evaluated and ranked according to the criteria provided.

Addenda to this RFP, if issued, will be posted on the Quest/CDN website and all firms who have downloaded the RFP from the Quest/CDN website will be notified of the addenda. It shall be the proposer’s responsibility to ensure any additional information and/or addenda are incorporated into the proposal.

Unsigned proposals or proposals signed by an individual not authorized to bind the prospective CONSULTANT will be considered nonresponsive and rejected.

Proposals shall be organized in the order described and should include the following information:

TAB A: Cover Letter
Provide a cover letter (maximum 2 pages) signed by an authorized representative of the CONSULTANT giving an overview of the CONSULTANT’s general expertise, experience, and approach to performing the scope of services described in this RFP. Include specific and direct contact information for the CONSULTANT.

Cover letter shall be signed by an officer of the firm, binding the firm to all the commitments made in the submittal.

TAB B: Insurance Coverage
Identify carriers, A.M. Best ratings, types and limits of insurance carried by your firm. See Attachment 5 – Sample Consultant Agreement for minimum coverage requirements for general liability, automobile liability, professional liability, and worker’s compensation.

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Hamilton Avenue-State Route 17 Bicycle Overcrossing Feasibility Study

TAB C: EXPERTISE – KEY PERSONNEL RESUMES
Provide up to six (6) resumes, up to one (1) page in length per resume, for lead personnel that will perform work listed in this RFP. Please submit resumes of only those individuals who will be assigned to work on the project.

Each resume shall include previous project experience and project descriptions (including duration and location) while highlighting relevant qualifications and specific role/responsibility that clearly demonstrates the key team member’s expertise in the delivery of a similar feasibility study or design project.

Indicate how your firm’s resources will work together to complete this project.

Identify additional resources available in your firm.

TAB D: EXPERTISE – ORGANIZATION CHART
Provide an organizational chart of the CONSULTANT, up to one (1) page in length, identifying name of staf f and title, any partner or sub consultant relationships and additional resources available to complete services described in this RFP.

TAB E: EXPERTISE – PROPOSED SUBCONSULTANT LISTING
Identify all subconsultants, if used. Include resumes of key individuals who will be directly involved in this project, and briefly describe any past involvement in joint projects with these subconsultants. Indicate why the subconsultant has been selected to work on the project team. Indicate how the CONSULTANT will ensure quality control and coordination of documents between the CONSULTANT and the subconsultants.

TAB F: EXPERIENCE – PLANNING/FEASIBILITY STUDIES
Present a description of your firm’s past performance on similar projects, emphasizing projects of similar scope and budget. Include the project name, location, client reference’s name and contact phone number, scope of work, list of services provided , description of the project ’s objective and outcome , and date completed. Also include key team personnel involved, schedule , and budget performance.

TAB G: EXPERIENCE – REFERENCES
A minimum of three current references from past projects (of similar size and scope) completed by the proposed project manager and/or project team should be provided. Please provide the following information for each reference. All references must contain relevant projects completed within the past 5 years.

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Attachment: Request For Proposal, Project 24-YY (RFP for Hamilton Ave/Highway 17 Feasibility Study) Request For Proposals
Hamilton Avenue-State Route 17 Bicycle Overcrossing Feasibility Study

Firm, Owner, or Agency Name
Project Objective
Project Description
Project Outcome
List of Services Provided
Contract Amount
Contact Person (Name and Title)
Address
Telephone Number
Email Address
Date Completed
TAB H: APPROACH – REVIEW OF SCOPE OF SERVICES
Briefly discuss your firm’s vision for the project and what would make the firm the best qualified for this particular project. CONSULTANT must comment on the firm’s ability to provide the services listed in the Scope of Work outlined above. Provide comments, and suggest modifications, changes and/or additions as appropriate.

Indicate how your firm/team would approach the project and what specialized services or unique insights you feel you r team would bring to the project. Provide examples of your team’s vision and approach for this project. Describe critical engineering design issues associated with the project and how they will be addressed.

A scope of work should be prepared detailing all services to be provided. The scope of work should describe each step in the overall preparation, design, analysis, and completion of the work as well as the deliverables for each phase of work. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate.

The CONSULTANT will be responsible for providing all services and work to complete the project, including gathering and analyzing all information, data, and requirements. If subconsultants are to be used, the CONSULTANT must include in the Proposal a description of the work to be performed by the subconsultants.

TAB I: APPROACH – PRELIMINARY PROJECT SCHEDULE
The CONSULTANT shall provide a schedule including deliverables for performing the tasks identified in the scope of work. The schedule should list all tasks indicating the start date and length of time for the completion of the task. Functions carried out by a subconsultant(s) should be clearly indicated.

Review the City’s preliminary project schedule ( Attachment 4) and provide comments, suggested modifications, changes and/or additions as appropriate.

Add any significant milestone dates necessary to complete all tasks. Indicate

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resources that will be allocated to each major task category to meet this schedule and discuss your firm’s flexibility and record in “catching up” if milestone dates are not met. Discuss your firm’s commitments to other projects in the time frame coinciding with this project.

TAB J: Fee Proposal
Submit a fee proposal in a separate sealed envelope. The fee proposal should itemize the fee for each task , showing the estimated hours of each staff member assigned and the associated fee for that staff member or subconsultant. Also, provide hourly rate schedules for all key project staff, including subconsultants.

TAB K: Conflict of Interest Statement
CONSULTANT shall submit a Conflict of Interest Statement including the following:
• Disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of the contract or the construction project. • List current clients who may have a financial interest in the outcome of this contract or the construction project that will follow.

Addenda
Addenda to this RFP, if issued, will be posted to Quest CDN at:
https://www.questcdn.com/
You may download the digital plan documents for free by selecting Request on the QuestCDN Page and input the Quest Request #9180191. It shall be the CONSULTANT’s responsibility to check the Quest CDN website to obtain any addenda that may be issued.

Proposal Evaluation Criteria
Completeness/Organization of Proposal
A Proposal that is current, accurate and completed in accordance with the requirements of this RFP. The Proposal hard copies shall be organized with clearly labeled tabs separating each section.

Evaluation Process
All proposals will be evaluated by a City Selection Committee (Committee). The Committee may be composed of City staff and other parties that may have expertise or experience in the services described herein. The Committee will review the submittals and wi ll rank the proposals. The evaluation of the proposals shall be within the sole

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judgment and discretion of the Committee. All contacts during the evaluation phase shall be made through the City Contract Administrator/Project Manager only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer.

The Committee will evaluate each proposal meeting the qualification requirements set forth in this RFP. Proposers should bear in mind that any proposal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City’s requirements as set forth in this RFP.

The selection process will include oral interviews. The CONSULTANT will be notified of the time and place of oral interviews and of any additional information that may be required to be submitted.

Interviews will consist of a presentation by the team as well as a Q&A period where the team will respond to panel questions. The presentation by the team should convey an understanding of the project, communication skills, ability for innovative ideas, identification of critical issues and solutions. The questions posed by the panel will relate both to evaluation criteria presented in the RFP as well as the team’s presentation.

Using the Evaluation Criteria, each member of the Committee will independently evaluate each submission and will score the Proposal according to the evaluation criteria. A CONSULTANT’s numerical score will be the average of the numerical scores given by the members of the Committee for that CONSULTANT. The Proposals will be ranked from highest to lowest based on their respective numerical scores.

Upon completion of the evaluation and selection process, only the cost proposal from the most qualified CONSULTANT will be opened to begin cost negotiations. Upon acceptance of a cost proposal and successful contract negotiations, staff will recommend a contract be awarded.

Evaluation Criteria
Each member of the evaluation panel will independently evaluate each Proposal using a 100-point system. Points will be assigned based on the following criteria and criteria weights:

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Evaluation Criteria Possible Points
Completeness/Organization of Proposal 5
Technical Evaluation Criteria
Expertise –
Key Personnel Resumes
Organization Chart
Proposed Subconsultant Listing
20 Experience –
Feasibility Study or Design Projects
References
25 Approach –
Review of Scope of Services
Preliminary Project Schedule
25 Conflict of Interest Statement Pass/Fail
Local Presence* 5
Subtotal: 80
*Local Presence is defined as the lead CONSULTANT having an office in Santa Clara County with at least one employee.

Evaluation Criteria Possible Points
Interview Evaluation Criteria
Presentation by Team 10
Q&A Response to Panel Questions 10
Subtotal: 20
Total: 100
Interviews are tentatively scheduled to take place the week of September 9, 2024, at Campbell City Hall, 70 N. First Street Campbell, California.

Following the City’s determination of the firm best qualified for this work, final terms will be negotiated, and the CONSULTANT and the City will execute the City’s standard The proposed schedule is as follows:

RFP Proposals Due August 13, 2024
Consultant Interviews week of September 9, 2024 (tentative) Notice to Proceed week of November 4, 2024 (tentative)

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Additional Information
The City reserves the right to accept or reject any or all Proposals, or to alter the selection process if warranted, to postpone the selection process for its own convenience at any time, and to waive any defects in the Request for Proposals. The City also reserves the right to accept or reject any individual subconsultant that a candidate proposes to use.

This RFP and the interview process shall in no way be deemed to create a binding contract or agreement of any kind between the City and the proposers. The City’s standard form of consultant agreement will form the basis of the contract between the parties.

Each proposer responding to this RFP acknowledges and agrees that the preparation of all materials for submittal to the City and all presentations, related costs and travel expenses are at the proposer’s sole expense and the City shall not, under any circumstances, be responsible for any cost or expense incurred by the candidate. In addition, each proposer acknowledges and agrees that all documentation and/or materials submitted with the RFP shall remain the property of the City.

The prospective CONSULTANT is advised that should this RFP result in recommendation for award of a contract, the contract will not be in force until it is approved and fully executed by the City of Campbell.

All products used or developed in the execution of any contract resulting from this RFP will remain in the public domain at the completion of the contract.

Attachments:

The following attachments are incorporated into the Request for Proposals:

Attachment 1 Preliminary Schedule
Attachment 2 Consultant Services Agreement Sample

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CITY OF CAMPBELL

CONSULTANT SERVICES AGREEMENT
This Agreement is entered into at Campbell, California on the day of ____, 2024, by and between the CITY OF CAMPBELL (hereinafter referred to as "City") and ___________________________________________. (hereinafter referred to as "Consultant").

WHEREAS, City desires to obtain consulting services for the purpose of ________________________________________________________________________ .

WHEREAS, Consultant represents that it has the expertise, means, and ability to perform said Inspection Services.

NOW, THEREFORE, in consideration of each other's mutual promises, Consultant and City agree as follows:

I. DUTIES OF CONSULTANT

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

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

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

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

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

1.6 Consultant agrees to perform this Agreement in accordance with the highest degree of skill and expertise exercised by members of Consultant's profession working on similar

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projects under similar circumstances .
l. 7 Consultant shall cooperate in good faith with City in all aspects of the performance of this Agreement.

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

1.9 All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.

1.10 The designated project manager for Consultant shall be _________. The Consultant's project manager shall have all the necessary authority to direct technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with the City and the City's project coordinator. The authorized principal of Consultant executing this Agreement for the Consultant shall have authority to make decisions regarding changes in services, termination and other matters related to the performance of this agreement on behalf of Consultant.
1 .11 The Consultant (and its employees, agents, representatives, and subconsultants), in the performance of this Agreement, shall act in an independent capacity and not as officers or officials or employees or agents of the City. The City shall not direct the work and means for accomplishment of the services and work to be performed hereunder. The City, however, retains the right to require that work performed by Consultant meet specific standards consistent with the requirements of this Agreement without regard to the manner and means of accomplishment thereof. Subcontractors shall assume all of the rights, obligations and liabilities applicable to it as an independent contractor hereunder. Consultant represents and warrants that it (i) is fully experienced and properly qualified to perform the class of work and services provided for herein, (ii) has the financial capability and shall finance its own operations required for the performance of the work and services and (iii) is properly equipped and organized to perform the work and services in a competent, timely and proper manner in accordance with the requirements of thi s Agreement. Consultant agrees to comply with ABS, codified at Labor Code section 2750.3, and shall indemnify, defend and hold harmless the City, its officers, officials, directors, agents’ representatives, volunteers, and employees against any claim or liability, including attorneys' fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant's supervision or control was misclassified.

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

2. DUTIES OF CITY

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

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information, provided that Consultant shall make any additional investigation reasonably necessary to confirm such information and provide City prompt written notice of any known or discovered defects in such data and information.

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

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

3. COMPENSATION

3.1 For the full performance of the services described herein by Consultant, City agrees to compensate Consultant for all services and direct costs associated with the performance of the project in an amount not to excee d $_________ as follows:
a. Once each month, Consultant shall submit for payment by City, an itemized invoice for services performed during the previous billing period. The invoice shall describe the services rendered and the title of the item of work, and shall list labor hours by personnel classification.

Said invoice shall be based on all labor and direct expense charges made for work performed on the project. Labor charges shall be in accordance with the fee schedule found in Exhibit A of this Agreement. City shall pay Consultant for services rendered and approved by the City within 30 days from the date the itemized invoice is received by the City, subject to the maximum not to exceed amount specified above and the City's right to object. b. Direct costs are those outside costs incurred on or directly for the project, and substantiated with invoices for the charges. Direct expenses include printing, reproduction, and delivery charges.

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

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

Consultant shall obtain prior written approval for a revised fee schedule from the City before exceeding such fee schedule. Only City's authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

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

3.5 Consultant agrees that the payments to Consultant specified in this Article 3 (Compensation) will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.

4. SUBCONSULTANTS

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

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

4.3 Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Campbell, its officers, officials, directors, agents’ representatives, volunteers, and employees as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.

4.4 If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract.

5. OWNERSHIP OF DOCUMENTS AND MATERIALS
All original drawings, documents, papers, data, materials, photographs, negatives and other work products prepared by the Consultant and/or its subconsultants in the performance of the services encompassed in this Agreement (whether in printed or electronic format) ("project -related documents and materials") shall be the property of the City and may be used on this project without the consent of the Consultant or its subcontractors. City acknowledges that such drawings, documents, and other items are instruments of professional services intended for use only on the subject project. Consultant agrees that all copyrights which arise from creation of the Project-related documents and materials pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. Any project -related documents and materials related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein. Upon the completion or termination of this Agreement for any reason, the City shall be entitled to receive, and Consultant shall promptly provide to the City upon request, all finished and unfinished project-related documents and materials, produced or gathered by or on behalf of Consultant that

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are in Consultant's possession, custody or control. Consultant may retain copies of said documents and materials for its files. In the event of termination, any dispute regarding compensation or damages shall not hinder, prevent, or otherwise impact the City's right to promptly receive and use such documents and materials which are the sole and exclusive property of the City.

6. TERMINATION

6.1 Notwithstanding any other provision of this Agreement, City may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to Consultant not less than thirty {30) calendar days prior to an effective termination date. In the event of such termination, Consultant shall have the right and obligation to immediately assemble the work then in progress for the purpose of completing the work and turning over all materials and documents to City.

6.2 In the event of such termination, Consultant shall be compensated for all work and services performed to the point of termination in accordance with the payment provisions set forth in Section 3. I, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law.

6.3 Upon notice of termination by City, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant's failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set off until such time as the exact amount of damages due City from Consultant is determined . After the effective date of termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

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

8. EQUAL EMPLOYMENT OPPORTUNITY
Consultant agrees to refrain from discriminatory employment practices on the basis of race, religious creed, color , sex, national origin, handicap , sexual orientation, marital status , medical condition, disability , ancestry, organizational affiliation, military or veteran status, or

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any other consideration made unlawful by local, State or Federal law, of any employee of, or applicant for employment with, such Consultant or subcontractor. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations.

9. INSURANCE AND INDEMNIFICATION

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

In no event shall this section be construed to require indemnification by the Consultant to a greater extent than permitted under the public policy of the State of California; and in the event that this contract is subject to California Civil Code section 2782(6), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City.

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The defense and indemnity provisions obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations contained in this Agreement. The foregoing indemnity provisions are intended to fully allocate the parties' risk of liability to third -parties; and there shall be no rights to indemnity or contribution, in law or equity or otherwise between the parties that are not set forth in this section. Consultant waives all rights to subrogation for any matters covered by the provisions of this section.

Consultant's responsibility for such defense and indemnity obligations as set forth in this section shall survive the termination or completion of this Agreement for the full period of time allowed by law.

9.2 Consultant shall maintain insurance conforming to the following specifications to the fullest amount allowed by law for a minimum of three (3) years following the termination or completion of this Agreement:

A. Types of Coverage
The policies shall afford the following types of coverage:

I. 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:

I. 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 l(any auto); and

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

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

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

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

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

3. Workers' Compensation and Employer's Liability: Workers ' Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. The Worker's Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultan t and its employees.

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

The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non -contributory basis for the benefit of City (as agreed to in this Agreement) before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

I. General Liability and Automobile Liability Coverage:

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a. The City, its agents, officers, attorneys, employees, officials and volunteers are to be covered as additional insureds as respects: liability arising out of this Agreement performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. It is a requirement of this Agreement that any available insurance proceeds broader than or in excess of the specified mm1mum 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 (I) the minimum coverage limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is affords greater coverage.

b. The Consultant's insurance coverage shall be primary insurance as respects the City, its agents, officers, attorneys, employees, officials and volunteers. Any insurance or self -insurance maintained by the City, its agents, officers, attorneys, employees, officials and volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its agents, officers, attorneys, employees, officials, and volunteers.

d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

2. Workers' Compensation and Employer's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, its agents, officers, attorneys, employees, officials, and volunteers for losses arising from work performed by the Consultant for the City.

3. All Coverages: Any unintentional failure to comply with reporting provisions of the policies shall not affect coverage provided to the City; and unless otherwise approved by the City, each insurance policy required by this clause shall be endorsed to 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 (I 0) days for cancellation for non-­ payment of premium.

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

G. Subcontractors

Consultant agrees that any and all contracts with subcontractors for performance of any matter under this Agreement shall require the subcontractors to comply with the same indemnity and insurance requirements set forth in this Agreement to the extent that they apply to the scope of the subcontractors' work. Subcontractors are to be bound to contractor and to City in the same manner and to the same extent as the Consultant is bound to City under this Agreement. Subcontractors shall further agree to include these same provisions with any sub - subcontractor. A copy of this Agreement will be furnished to the subcontractor on request. The Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencing any work, and will provide proof of compliance to the City .

H. Acceptability of Insurers

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

I. Verification of Coverage

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

J. Special Risks/Circumstances

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience , insurer, coverage, or other special circumstances and provide notice to Consultant.

10. MISCELLANEOUS

I0.1 This Agreement shall be binding on the heirs, executors, assigns and successors of Consultant.

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10.2 Neither party may assign this Agreement, or any portion hereof, without the prior written consent of the other.

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

I0.4 Neither party's waiver of any term, condition or coven ant, or breach of any term, condition or covenant shall be construed as the waiver of any other term, condition or covenant or waiver of the breach of any other term, condition or covenant.

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

I 0.6 If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding on City and Consultant.

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

I0.8 All changes or amendments to this Agreement must be in writing and approved by all parties.

I0.9 The initial contract term shall commence upon execution of the contract by the City and shall be for a _____year period, unless terminated sooner in accordance with the contract.

Any extension of the Agreement shall be mutually agreed upon in writing and shall require an amendment to the Agreement signed by both parties.

I0.10 Consultant owes the City a duty of undivided loyalty in performing the work and services under this Agreement, including, but not limited to, the obligation to refrain from having economic interests and/or participating in activities that conflict with the City's interests in respect to the work and/or services and project. The Consultant shall list current clients who may have a financial interest in the outcome of this Agreement. The Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this agreement. Consultant shall not make or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a direct or indirect financial interest other than the compensation promised by this Agreement. Consultant will immediately advise the City if Consultant learns of a financial interest of Consultant's during the term of this Agreement.

I0.11 City is a public agency subject to the disclosure requirements of the California Public Records Act ("CPRA"). If Consultant's proprietary information is contained in documents or

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information submitted to City, and Consultant claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information "Confidential and Proprietary," and identify the specific lines containing the information. In the event of a request for such information, City will make best efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County before the City is required to respond to the CPRA request. If Consultant fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Consultant. Consultant further agrees that it shall defend, indemnify and hold City harmless against any claim, action or litigation (including but not limited to all judgments, costs, and attorney's fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

I0.12 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic , acts of terrorism, war, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each pa11y hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent p erformance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, there may be an equitable adjustment of the schedule and Consultant compensation based on City's sole discretion.

l0.13 Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

10.14 Consultant warrants that Consultant, its subcontractors and/or agents (if any) has/have complied with any and all federal, state, and local licensing requirements.

10.15 Each party acknowledges that it has reviewed this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

I0.16 The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.

I0.17 This Agreement is entered into, and to be performed in Santa Clara County , California, and any action arising out of or related to this Agreement shall be maintained in a court of appropriate jurisdiction in Santa Clara County, California.

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10.18 This Agreement may be executed in counterparts which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party's signature shall be accepted and valid as an original.

11. DISPUTE RESOLUTION

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

12. 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
70 North First Street
Campbell, CA 95008
Attn:

CONSULTANT: _________________

[SIGNATURES ON FOLLOWING PAGE]

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Having read and understood the foregoing Agreement, the undersigned parties agree to be bound hereby:

CONSULTANT CITY OF CAMPBELL

Title: Title: ·
_________________________

Approved as to Form

______________________________
City Attorney

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City
Council
Report

TITLE: Resolution Authorizing the Execution of a Purchase Order with Ford Credit Municipal Finance, in the Amount of $67,131, for the Procurement of Three (3) Police Vehicles from Folsom Lake Ford, by Way of the California E -Procurement Statewide Contract, and as Programmed in the Approved Public Works Vehicle and Equipment Maintenance Operating Budget for FY 25, and Approving the Issuance of Subsequent Purchase Orders for Four (4) Additional Years, in the Total Amount of $335,655, for Their Associated Financing Costs Over a Five-Year Term (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution: 1) authorizing the execution of a purchase order with Ford Credit Municipal Finance, in the amount of $67,131, for the procurement of three (3) police vehicles from Folsom Lake Ford, by way of the California E - Procurement Statewide Contract, and as programmed in the approved Public Works Vehicle and Equipment Maintenance Operating Budget for FY 25, and 2) approving the issuance of subsequent purchase orders for four (4) additional years, in the total amount of $335,655, for their associated financing costs over a five-year term.

BACKGROUND

The City’s Police Department has a fleet of fourteen marked patrol vehicles that are used to provide 24/7 emergency police services across the City, and four un -marked police vehicles assigned to police administration, all of which are maintained by the Public Works Department – Fleet Maintenance Section. Each fiscal year, Public Works plans, schedules, and budgets for the maintenance and replacement of these public safety vehicles which are based on the City’s replacement criteria of five years or 80,000 miles for all marked vehicles, and seven years or 75,000 miles for all un -marked vehicles. In some cases, staff will recommend deferring the replacement of a vehicle if it is still in good, serviceable condition and replacement parts are readily available.

Nevertheless, all of the City’s fleet vehicles, including its Police vehicles, are placed on a maintenance and replacement schedule upon purchase to balance annual fiscal impacts and provide safe, reliable, and effective vehicle operations in support of citywide services.

In recent years , managing the replacement schedule of the Police fleet has become increasingly challenging despite efforts to streamline the process. While regular Item: 7
Category: CONSENT CALENDAR
Meeting Date: July 16, 2024
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PD Vehicle Procurement - Ford Credit Municipal Finance Page 2 of 5 maintenance schedules address the operational and mechanical needs of each vehicle, many vehicles experience increasing costs for fuel, maintenance, and repairs as they age, while their trade -in/surplus values decrease over time. Moreover, budget constraints, rising mechanical issues, downtime for repairs, and the necessity for specialized equipment have contributed to periodic shortages of available vehicles during periods of heightened emergency staffing. For those Police vehicles that remain operational beyond the recommended replacement schedule, the extended usage has led to more frequent repairs and increased maintenance costs.

To mitigate these increasing costs and create more stability in the year -to-year budget, staff has been researching options to standardize the procurement process for the City’s fleet inventory. In June 2021, staff identified a timely and efficient funding mechanism to facilitate the City’s procurement of Police vehicles by way of the California e-Procurement Statewide Contract, which provides government agencies with access to pre -qualified (i.e., already vetted) vendors offering goods and services to public agencies at discounted and/or competitive rates. Purchases initiated through this contract would allow the City to dispense with its standard bidding procedures when the City Council, by a majority vote, determines that it is in the best interest of the public to dispense with the requirements of Section 3.20.050 of the Municipal Code, in which case the City Council shall prescribe the appropriate method of purchase. Furthermore, Section 3.20.070 of the Municipal Code authorizes the City to make purchases of supplies, materials and equipment through the State of California, the County of Santa Clara or any other California county or municipality. Since the California e -Procurement Statewide Contract is a State -sponsored contract, the City is authorized to make purchases directly through its use and expedite the procurement process under those exemptions granted.

Since purchases under the California e -Procurement Statewide Contract must be made from one of the State’s approved vendors, staff ha s selected Folsom Lake Ford as the preferred vendor for fulfilling the vehicle and equipment requirements of the City’s Police fleet. Therefore, initial orders will be placed with Folsom Lake Ford, who will serve as a liaison between the manufacturer and the City, providing regular updates to staff regarding production status and expected delivery times. Additionally, for vehicles needing after -market upgrades, Folsom Lake Ford coordinate s the installation of specialized equipment and keeps staff informed throughout the entire process.

In terms of pricing and payment, Folsom Lake Ford will apply discounts to the bottom - line manufacturing prices of the vehicles and offer the City the flexibility to choose its preferred payment method for the associated costs upon delivery. Additionally, they provide the City with a detailed price quote outlining the vehicle’s base cost and any extra equipment upgrades scheduled for after production. If staff decide to proceed with these vehicles at the quoted prices, the City can place an order and use the lead time before delivery to finalize an appropriate purchasing strategy and payment method for execution upon receiving the vehicles.

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PD Vehicle Procurement - Ford Credit Municipal Finance Page 3 of 5 Staff has also become aware of the Ford Credit Municipal Finance (FCMF) program, designed to help public agencies replace older, less efficient vehicles in their respective fleets through annual payment plans. This program enables agencies to acquire vehicles without having to incur major cash outlays or long -term debt obligations.

Payments under this financing plan are fixed annually for the contract term, with interest rates locked in at the time of vehicle delivery.

Transitioning the City’s Police fleet to this financing method would help stabilize year-to- year replacement costs, providing the City with a more predictable budgeting model.

Although the terms of financing with FCMF c an be adjusted based on economic changes between time of order and delivery, this program remains a viable option should other budgetary priorities affect the City's ability to purchase replacement vehicles outright during a fiscal year.

Meanwhile, supply chain delays in recent years have made the purchase and delivery of fleet vehicles unreliable and complicated, with some vehicles taking more than a year from the point of order to actual delivery. These delays have led staff to reassess the replacement schedule for older fleet vehicles and adjust ordering timelines based on the manufacturer’s estimated delivery dates. For essential services like the City’s Police fleet, staff closely monitors replacement schedules, placing orders up to six months in advance to allow for extended lead times and prevent critical service disruptions.

DISCUSSION

In May 2024, staff placed an order with Folsom Lake Ford to replace two of the City's police vehicles that had met their respective year and mileage replacement criteria: Unit No. 1359 (purchased in 2017/current mileage: 76,072) and Unit No. 1360 (purchased in 2019/current mileage: 67,159). Shortly thereafter, an additional marked vehicle was ordered, which upon delivery, will bring the City's total marked Police fleet to fifteen vehicles. This new vehicle was added to help align the replacement schedule with FCMF’s five -year financing terms. This allows staff to budget and plan for replacing three vehicles each fiscal year over a five -year period. The additional vehicle will also result in improved reliability for the Police fleet and decreased downtime – as the wear and tear will be distributed across the entire fleet.

After placing the vehicle orders, the City received individual price quotes from Folsom Lake Ford (including after -market equipment) and a combined financing quote from Ford Credit Municipal Finance (see attachment B). According to FCMF's proposed finance quote, the City would pay a fixed annual amount of $67,131 for all three vehicles over a five-year term. With $80,000 allocated for Police vehicle expenses in the approved Public Works Vehicle and Equipment Maintenance Operating Budget (641.750.7884) for FY 25, financing the vehicles is a more cost -effective option compared to their outright purchase, which is currently estimated at $285,557 for all three vehicles.

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PD Vehicle Procurement - Ford Credit Municipal Finance Page 4 of 5 When the new vehicles are delivered, the two vehicles being replaced in the City's Police fleet will be decommissioned and sold at auction. With an estimated resale value of $15,000 each, this could generate an additional $30,000 in revenue that can be used to offset the City's anticipated finance expenses for the three vehicles in FY 25 and reduce the net first-year costs from $67,131 to $37,131.

NEXT STEPS
Staff is requesting the City Council's authorization to execute a purchase order with Ford Credit Municipal Finance, in the amount of $67,131, to procure three (3) police vehicles from Folsom Lake Ford through the California E -Procurement Statewide Contract, and as programmed in the approved Public Works Vehicle and Equipment Maintenance Operating Budget (641.750.7884) for FY 25. Additionally, staff is requesting the City Council's approval to issue subsequent purchase orders for four (4) additional years, in the total amount of $335,655, to cover their associated financing costs over that five-year term.

FISCAL IMPACT
This action will have a fiscal impact of $67,131 in FY 25. Sufficient funding is available as reflected in the approved FY 25 Public Works Vehicle and Equipment Maintenance Operating Budget (641.750.7884). Staff anticipates that the City's first-year costs for FY 25 would be partially offset by approximately $30,000 in additional revenue generated by the sale of the two Police vehicles being replaced from the City’s current fleet.

Furthermore, this would also create additional capacity in the Motor Vehicle Pool Fund to address other critical maintenance and repair needs.

With the program's five -year financing terms and fixed annual payment of $67,131, there will be a fiscal impact of $67,131 for each fiscal year over the next four (4) years.

Therefore, this amount will be programmed each fiscal year in the Vehicle and Equipment Maintenance Operating Budget for the next four fiscal years to ensure sufficient funds are available through the end of th e five-year financing term. The total five (5) year cost of the leasing financing option is $335,655.

ALTERNATIVES

1. Do not proceed with the five -year financing plan; purchase the three vehicles outright with an alternative funding source. This option would require an alternate budget adjustment.

2. Provide alternate direction to staff.
7 Packet Pg. 118
PD Vehicle Procurement - Ford Credit Municipal Finance Page 5 of 5 Prepared by:

Carina Shattuck, Administrative Analyst I
Reviewed by:

Todd Capurso, Director of Public Works
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Finance Quote (Ford Credit Municipal Finance) & Vehicle Pricing (Folsom Lake Ford) 7 Packet Pg. 119

RESOLUTION NO.

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

THE EXECUTION OF A PURCHASE ORDER WITH FORD CREDIT MUNICIPAL FINANCE, IN THE AMOUNT OF $67,131, FOR THE PROCUREMENT OF THREE (3) POLICE VEHICLES

FROM FOLSOM LAKE FORD, BY WAY OF THE CALIFORNIA E-PROCUREMENT STATEWIDE

CONTRACT, AND AS PROGRAMMED IN THE APPROVED PUBLIC WORKS VEHICLE AND EQUIPMENT MAINTENANCE OPERATING BUDGET FOR FY 25; AND 2) APPROVING THE ISSUANCE OF SUBSEQUENT PURCHASE ORDERS FOR FOUR (4) ADDITIONAL YEARS, IN THE TOTAL AMOUNT OF $335,655, FOR THEIR ASSOCIATED FINANCING COSTS OVER A FIVE-YEAR TERM.

WHEREAS, the City’s Police Department has a fleet of fourteen marked patrol vehicles, and four un- marked police vehicles, all of which are maintained by the Public Works Department – Fleet Maintenance Section; and

WHEREAS, despite adhering to regular maintenance schedules , many Police vehicles experience increasing costs for fuel, maintenance, and repairs as they age, while their trade-in or surplus values decrease over time; and

WHEREAS, to mitigate these increasing costs and create more stability in the yearly budget, staff has researched options to standardize the procurement process for the City’s fleet inventory; and

WHEREAS, in June 2021, staff identified a timely and efficient funding mechanism to facilitate the City’s procurement of Police vehicles through use of the California e -Procurement Statewide Contract, which allows the City to procure goods and services from pre -qualified vendors and dispense with its standard bidding procedures as authorized under Campbell Municipal Code Sections 3.20.050 and 3.20.070; and

WHEREAS, from the State’s list of approved vendors, staff has selected Folsom Lake Ford as the preferred vendor for fulfilling the vehicle and equipment requirements of the City’s Police fleet; and

WHEREAS, through the State contract, Folsom Lake Ford will apply discounts to the bottom -line manufacturing prices of the vehicles and offer the City the flexibility to choose its preferred payment method for the associated costs upon delivery; and

WHEREAS, staff is recommending the use of the Ford Credit Municipal Finance (FCMF) program, designed to help public agencies replace older, less efficient vehicles in their respective fleets through fixed annual payment plans, and interest rates locked in at the time of vehicle delivery; and

WHEREAS, with recent supply chain delays, staff has placed orders for the City’s Police Fleet up to six months in advance to allow for extended lead times and prevent critical service disruptions; and

WHEREAS, in May 2024, staff placed an order with Folsom Lake Ford to replace two of the City's police vehicles that had met their respective year and mileage replacement criteria; and

WHEREAS, shortly after, staff ordered an additional marked vehicle, to increase the City’s marked fleet inventory to fifteen vehicles and align the City’s replacement schedule with FCMF’s five -year financing terms; and

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Attachment: Resolution (PD Vehicle Procurement - Ford Credit Municipal Finance)

WHEREAS, based on the individual price quotes received from Folsom Lake Ford, and the proposed financing plan from Ford Credit Municipal Finance , the City would pay a fixed annual amount of $67,131 for all three vehicles over a five-year term; and

WHEREAS, with $80,000 allocated for police vehicle expenses in the approved FY 25 Public Works Vehicle and Equipment Maintenance Operating Budget, the proposed financing plan is the more cost-effective option compared to their combined outright purchase value of $285,557; and

WHEREAS, staff is requesting City Council's authorization to execute a purchase order with Ford Credit Municipal Finance, in the amount of $67,131, to procure three (3) police vehicles from Folsom Lake Ford by way of the California E-Procurement Statewide Contract, and as programmed in the approved Public Works Vehicle and Equipment Maintenance Operating Budget for FY 25; and

WHEREAS, staff is also requesting City Council's approval to issue subsequent purchase orders for four (4) additional years, in the total amount of $335,655, to cover their associated financing costs over that five-year term; and

WHEREAS, sufficient funds are available in the approved Public Works Vehicle and Equipment Maintenance Operating Budget to address these financing costs in FY 25; and

WHEREAS, staff anticipates that the revenue received from the sale of the two Police vehicles being replaced will partially offset the City’s first-year financing costs by approximately $30,000; and

WHEREAS, with a five-year financing term and fixed annual payment of $67,131, staff will program this amount into the City’s Operating Budget each fiscal year, over the next four (4) years, to ensure sufficient funds are available for the City’s annual financing costs through that five-year term.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby : 1) authorizes the execution of a purchase order with Ford Credit Municipal Finance, in the amount of $67,131, for the procurement of three (3) police vehicles from Folsom Lake Ford, by way of the California E-Procurement Statewide Contract, and as programmed in the app roved Public Works Vehicle and Equipment Maintenance Operating Budget for FY 25, and 2) approves the issuance of subsequent purchase orders for four (4) additional years, in the total amount of $335,655, for their associated financing costs over a five-year term.

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

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

APPROVED:
_________________________________
Susan M. Landry, Mayor

ATTEST:
___________________________
Andrea Sanders, City Clerk

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Attachment: Resolution (PD Vehicle Procurement - Ford Credit Municipal Finance)

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Attachment: Finance Quote (Ford Credit Municipal Finance) & Vehicle Pricing (Folsom Lake Ford) (PD Vehicle Procurement - Ford Credit

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Attachment: Finance Quote (Ford Credit Municipal Finance) & Vehicle Pricing (Folsom Lake Ford) (PD Vehicle Procurement - Ford Credit

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Attachment: Finance Quote (Ford Credit Municipal Finance) & Vehicle Pricing (Folsom Lake Ford) (PD Vehicle Procurement - Ford Credit

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Attachment: Finance Quote (Ford Credit Municipal Finance) & Vehicle Pricing (Folsom Lake Ford) (PD Vehicle Procurement - Ford Credit

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Attachment: Finance Quote (Ford Credit Municipal Finance) & Vehicle Pricing (Folsom Lake Ford) (PD Vehicle Procurement - Ford Credit

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Attachment: Finance Quote (Ford Credit Municipal Finance) & Vehicle Pricing (Folsom Lake Ford) (PD Vehicle Procurement - Ford Credit

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Attachment: Finance Quote (Ford Credit Municipal Finance) & Vehicle Pricing (Folsom Lake Ford) (PD Vehicle Procurement - Ford Credit City
Council
Report
TITLE: Public Hearing to Consider an Appeal of the Planning Commission’s Approval of a Conditional Use Permit with Site and Architectural Review (PLN-2023-1) to Allow the Construction of a 75-Foot Wireless Facility Tower Designed to Resemble a Eucalyptus Tree on Property Located at 2633 S. Bascom Avenue. The Project Requests
an Exception to Zoning Regulations to Exceed the Allowable Height Limit (35 Feet). File No.: PLN-2 024-103. (Resolution/Roll Call Vote)

RECOMMENDED ACTION
Adopt a Resolution, denying the appeal and upholding the Planning Commission’s approval of a Conditional Use Permit with Site and Architectural Review (PLN -2023-1) to allow the construction of a 75 -foot wireless facility tower designed to resemble a eucalyptus tree on property located at 2633 S. Bascom Avenue within the NC (Neighborhood Commercial) Zoning District. The project requests an exception to zoning regulations to exceed the allowable height limit (35 feet), and finding the project Categorically Exempt under Section 15301 of the California Environmental Quality Act. +PROJECT DATA
Zoning District: NC (Neighborhood Commercial)
General Plan Designation: Neighborhood Commercial
Existing/Proposed Tower Requirement/Standard
Structure Height: 75-feet1 35-feet
Proposed Facility Type: Concealed (Faux Tree Pole) with Ground Mounted Equipment
Number of Wireless Carriers: One (1)

BACKGROUND
Project Site : The project site is an approximately 6,098 square foot property located behind commercial buildings near the northwest corner of S. Bascom Avenue and Union Avenue. Access to the site is provided by a 450 -foot long, 20 -foot-wide private 1 Calculation does not include branches which are considered exempt. Further discussion of eligibility of the facility at the requested height shall be brought forward as part of the City Council discussion.

Item: 8
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: July 16, 2024
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2633 S. Bascom Ave Appeal Page 2 of 10
alleyway with entrances on Cambrian Drive and South Bascom Avenue. The property is predominantly surrounded by commercial land uses to the south and east, with a single- family dwelling situated to the north. Additionally, the property abuts a hotel to the south, which is within the jurisdiction of the City of San Jose, as illustrated in the aerial map below. The pink line denotes the City of Campbell’s boundary.

Figure 1 Aerial Map
The front parcel is currently developed with a commercial building occupied by a private communications services business, and the rear property is developed with many existing buildings that support the front parcel’s business operations. Many of the existing buildings are considered to be nonconforming with the City’s current zoning standards, but are allowed to continue in accordance with CMC Section 21.58.050 (Restrictions on nonconforming structures), as they were constructed prior to the site’s annexation to the City in 2013.

Applicant’s Proposal : This application would allow for the installation of a new concealed wireless tower facility designed as a faux eucalyptus tree to serve the AT&T network with a request for a “limited exemption from standards” to exceed the allowable height of a tower facility (35 -feet permitted; 75-feet requested) and exceed the required side and front setbacks, as seen in the below photos and in the project plans (reference Attachment B, Project Plans)
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Figure 2 Photo-Simulation Proposal

Planning Commission Action : The Planning Commission held a public hearing on this application at its meeting on June 25, 2024. As noted in the meeting minutes (reference Attachment C), much of the Planning Commission's discussion addressed concerns with the overall height and design of the facility. Staff confirmed that the City is limited by federal regulations in its discretion to deny this request based on the height or placement of the facility. Instead, the City has more clear regulatory oversight concerning the design (tree shape) and concealment elements (branch, color etc.), which are still being refined as required by the Conditions of Approval. After public comment and due deliberation, the Planning Commission took action to approve the Conditional Use Permit by a 4 -0-1-1 vote (Commissioner Ostrowski abstaining, and Commissioners Majewski and Buchbinder being absent).

ANALYSIS
Appeal: A timely appeal was filed on July 3, 2024, by Sarah Krueger (reference Attachment D – Appeal Letter), challenging the Planning Commission's approval of the proposed wireless facility. The appeal argues that AT&T's current coverage map from July 2024, included in the appeal letter shows no gap in coverage in Campbell, contradicting an earlier consultant analysis from September 2023. The appellant submitted screenshots from AT&T’s website showing existing solid 5G and 4G LTE coverage, questioning the necessity of the proposed wireless tower. 8 Packet Pg. 131
2633 S. Bascom Ave Appeal Page 4 of 10

Staff response : The appellant’s argument questions the absence of a significant coverage gap based on AT&T’s current coverage map, suggesting that the proposed wireless tower is unnecessary. Per the city's Wireless Ordinance, the applicant must prove the need for a height exemption by clearly demonstrating: 1) A significant gap in service coverage, and 2) All alternative sites are either technically infeasible or unavailable.

To support the City in its assessment, a third -party consultant, CTC Telecommunications Network Consulting, was hired by the city to determine the impact that reducing the facility height would have on wireless coverage in accordance with Section 21.34.170 (Independent consultant review) of the Campbell Municipal Code (reference Attachment 5 – Independent Consultant Report, October 2023) evaluating the coverage gap and necessary location and height of the proposed tower, which supported the Planning Commission's approval. The report concludes that the proposed 75-foot tower is necessary to achieve desired coverage and allows for future colocation, reducing the need for multiple structures. It demonstrates that lower heights would result in significant coverage reductions, especially in the mid-band spectrum.

Furthermore, under the 2018 FCC Declaratory Ruling, AT&T can justify the proposed facility based on:
• Network Densification: Adding more cell sites to handle increased data traffic and improve service quality.
• Service Improvement: Enhancing overall service performance, including faster data speeds, better call quality, and more reliable service.

As federal law takes precedence over local ordinances, the FCC’s broadened criteria allow AT&T to justify the proposed facility based on these factors. The provided application materials state the purpose of the tower is to improve services, which was substantiated by the third party consultant report.

Based on the 2018 FCC Declaratory Ruling, the information submitted by the applicant, and the third -party evaluation of the proposal staff believes this demonstrates that the proposed tower will enhance services on the mid -band spectrum, which is essential for high-speed data transmission. The 75 -foot tower height is necessary to ensure optimal performance, as lower heights would significantly reduce data speeds and negatively impact user experience. These justifications are sufficient based on the federal regulations discussed above. Therefore, it is recommended that the appeal be denied, and the application for the wireless facility be approved, in alignment with federal guidelines.

The coverage maps from the AT&T website submitted in the appellant’s statement contain a disclaimer that reads “These maps provide a predicted high -level approximation of wireless coverage. There are gaps in coverage that are not shown by this high-level approximation…”
Administrative Procedure : The applicant’s proposal to establish a new telecommunications facility to mimic the appearance of an artificial eucalyptus tree 8 Packet Pg. 132
2633 S. Bascom Ave Appeal Page 5 of 10
constitutes a type of “concealed facility” that is allowed with the approval of a Conditional Use Permit in the NC (Neighborhood Commercial) zoning district.

"Concealed facility" means any wireless communications facility which results in new site or architectural features being added to a property in a manner which complements, enhances, or seamlessly integrates into their surroundings.

Examples of concealed facilities include , but are not limited to, the construction of new rooftop, louver, chimney, silo, pole, railing, sign, window, parapets, dormers, steeples, penthouses, water towers, bell towers, artificial trees, and flag poles.

Review of the design and placement of a concealed facility is subject to the requirements of the city’s adopted Wireless Communications Facilities Ordinance and Wireless Facility Design Requirements (see discussion related to “SARC Review”)

Separately, the applicant’s proposed 75-foot facility exceeds the maximum height of the NC (Neighborhood Commercial) zoning district, thus approval of a “limited exemption from standards” (reference CMC 21.34.160 – Limited exemption from standards .) is also required.

Limited Exemption from Standards : The applicant’s proposal requires the approval of a new land use entitlement subject to current development and permit proceedures. In accordance with the city’s adopted Wireless Ordinance, the applicant bears the burden of demonstrating why the exemption to height should be granted. For the city to approve the height exemption, the applicant must demonstrate with clear and convincing evidence all of the following:

A. Significant gap in the applicant's service coverage exists; and

B. All alternative sites identified in the application review process are either technically infeasible or not potentially available.

For documentation, the applicant provided an analysis of the service coverage to be served by the proposed tower facility (AT&T) and resulting gap in coverage that would occur without the facility (reference Attachment F – Propagation Maps). The applicant also provided an assessment of alternative locations considered, and why they were found to be infeasible.

As mentioned above, to support the City's assessment, CTC Telecommunications Network Consulting was hired to evaluate the impact of reducing the facility height on wireless coverage, per Section 21.34.170 of the Campbell Municipal Code. The report supports the 75 -foot tower height, as it ensures desired coverage and allows for future colocation, reducing the need for multiple structures. It compares coverage at 65 feet versus 45 feet, showing significant reductions at lower heights, particularly in the mid - band spectrum. Conditions of approval in the Draft Resolution (see Attachment A) limit further expansions beyond the depicted plans.
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The application materials include a list of alternative sites and their evaluations, explaining their infeasibility. The proposed site avoids coverage gaps, while the alternatives were unsuitable due to location, height restrictions, or landlords' refusal to grant long-term leases. Additionally, three PG&E towers at 699 Union Ave, 2217 Central Park, and 2520 S. Bascom Ave are too far north and would cause interference with other AT&T sites.

Wireless Communications Facilities : Pursuant to CMC Section 21.34.110 (Special findings for wireless communications facilities), prior to making the findings for a Conditional Use Permit and Site and Architectural Review Permit the following findings must be made:

1. The proposed facility, or modification to an existing facility, as conditioned will be a stealth or concealed facility as defined in Section 21.34.200; Yes. The proposed facility, as conditioned, meets the definition of a concealed wireless facility. This definition encompasses structures such as artificial trees, which the proposed wireless facility is designed to mimic.

2. The proposed facility, or modification to an existing facility, as conditioned will comply with all requirements of Chapter 21.34 (Wireless Communications Facilities);
Yes. The proposed facility, as conditioned, will comply with all requirements of Chapter 21.34, including those related to the design, placement, and operation of the facility. The facility’s deviation in height and reduced setbacks are permissible through a limited exemption from standards as allowed by Section 21.34.160 (Limited exemption from standards ). Since the application provides evidence that the current design of the wireless facility is essential for maintaining sufficient network coverage. Additionally, alternative locations have been deemed impractical, as further detailed above.

3. The proposed facility, or modification to an existing facility, as conditioned, will comply with all applicable design guidelines; and
Yes. The applicant’s proposal to design the facility to resemble an artificial tree will meet all of the requirements of the Wireless Facility Design Requirements (reference Attachment E, SARC Memo – May 28, 2024).

4. The proposed facility, or modification to an existing facility, as conditioned will be consistent with the general plan.

Yes. The use is considered a ‘concealed facility’ which is allowed within the NC zoning district with the approval of a Conditional Use Permit with Site and Architectural Review. Moreover, properties with a neighborhood commercial land use designation are identified as a “more preferred area” in terms of placement in the city’s Wireless Ordinance which serves to effectuate the goals, policies, and programs of the General Plan.

Conditional Use Permit Findings : Pursuant to CMC Section 21.46.040 (Findings and decision), prior to approving a Conditional Use Permit, the City must first affirmatively establish all six (6) of the findings described in italics below. An explanation of how the project meets each finding follows in plain text below. 8 Packet Pg. 134
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1. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code; Yes. See related discussion under ‘Administrative Procedure’. The use is considered a ‘concealed facility’ which is allowed within the NC zoning district with the approval of a Conditional Use Permit with Site and Architectural Review.

2. The proposed use is consistent with the General Plan; Yes. Allowing a concealed wireless telecommunications facility will meet the purpose/intent of the Neighborhood Commercial General Plan land use designation which is intended to provide for a concentration of commercial uses that serve the surrounding residential area. The proposed wireless facility will improve the wireless network that will serve both the residential uses and the overall population. The applicant’s proposal may also be found to further the following General Plan policies and strategies:

Policy CD-4.6: Minimize the visual impact of wireless telecommunication facilities by designing them as an integral architectural feature to a structure.

Policy ED-5.10: Encourage the evolution of retail centers and commercial corridors into viable activity nodes by supporting integration of uses that provide necessary or useful services or
amenities that will benefit nearby residential areas and commercial establishments. Encourage a variety of uses
(such as hotel, office, entertainment, recreational, and residential uses) to locate in shopping districts.

3. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area;
Yes. The proposed wireless telecommunications facility has been designed to integrate with the surrounding area by mimicking the appearance of a eucalyptus tree. No changes to fences, walls, landscaping, parking and loading facilities, yards, or other development features are proposed or necessary to integrate the use with uses in the surrounding area.

4. The proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate; Yes. The facility would not be staffed. The project site is located along S.

Bascom Avenue which is identified as Class I Arterial Roadway in the General Plan’s Roadways Classifications Diagram (Figure T -1) which has sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate.

5. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on -site and in the vicinity of the subject property; and
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Yes. See response to ‘3’.

6. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

Yes. See response to ‘3’. Further, no concerns with the operation or maintenance of the proposed use have been identified that will not be addressed by the Conditions of Approval included in the Draft Resolution (reference Attachment A – Draft Resolution).

Site and Architectural Review Findings : In addition to satisfying the findings for a Conditional Use Permit, the City must also affirmatively establish all three (3) of the findings related to Site and Architectural Review pursuant to CMC 21.46.050 (Site and Architectural Review) and CMC 21.42.060.B (Action by Planning Commission) captured in italics below. An explanation of how the project meets each finding follows in plain text below.

1. The project will be consistent with the General Plan; Yes. As previously stated, allowing a concealed wireless telecommunications facility will meet the purpose/intent of the Neighborhood Commercial land use designation. The applicant’s proposal may also be found to further the following General Plan policies and strategies:

Policy CD-4.6: Minimize the visual impact of wireless telecommunication facilities by designing them as an integral architectural feature to a structure.

Policy ED-5.10: Encourage the evolution of retail centers and commercial corridors into viable activity nodes by supporting integration of uses that provide necessary or useful services or
amenities that will benefit nearby residential areas and commercial establishments. Encourage a variety of uses
(such as hotel, office, entertainment, recreational, and residential uses) to locate in shopping districts.

2. The project will be consistent with the Zoning Code; Yes. The use is considered a ‘concealed facility’ which is allowed within the NC zoning district with the approval of a Conditional Use Permit with Site and Architectural Review. Moreover, properties with a neighborhood commercial land use designation are identified as a “more preferred area” in terms of placement in the city’s Wireless Ordinance which serves to effectuate the goals, policies, and programs of the General Plan.

3. The project will aid in the harmonious development of the immediate area; Yes. The project as designed and conditioned, will aid in the harmonious development of the surrounding area by providing necessary wireless coverage while adhering to the City’s Wireless Design Guidelines. 8 Packet Pg. 136
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4. The project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s).

Yes. The project has been reviewed for conformance with the City’s adopted Wireless Facility Design Requirements (see discussion related to ‘SARC Review’, and Attachment G - SARC Memo) and may be found consistent with its provisions as designed and conditioned.

Environmental (CEQA) Determination: Staff recommends that the City Council find that this project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA) pertaining to the operation, repair, maintenance, permitting, leasing, licensing, and/or minor alteration of an existing private structure.

SARC Review : The application was reviewed by the Site and Architectural Review Committee (SARC) during its May 28, 2024 meeting, as documented in SARC Memo (Attachment 7). The committee evaluated alternative tree species such as deodar cedar and different concealment methods like slim line. Although staff recommended selecting an alternative species due to the absence of eucalyptus trees in the area and their non - native status, the SARC ultimately preferred the proposed eucalyptus tree. This preference was based on the eucalyptus tree's natural upside -down "V" shape, which effectively conceals wireless equipment installed at higher positions and tapers at the base, where the likelihood of equipment placement there is reduced. Furthermore, eucalyptus trees can grow up to 180 feet tall, approximately 80 feet taller than local Oak, Cedar, or Ash trees —protected species that also offer effective foliage for equipment concealment. Consequently, the SARC endorsed the project with the proposed eucalyptus tree but requested additional photo simulations from the applicant to better depict the tree’s rounder top and more tapered bottom, reflecting a more realistic appearance of the Eucalyptus tree.

As no exhibits were submitted by the applicant, the project has been conditioned that updated photo simulations be provided as part of the construction plans submitted for a building permit, to the satisfaction of the Community Development Director.

Public Outreach: The project was noticed to all property owners within 300 feet of the subject property and publicized in the newspaper (Metro). No comments aside from communication with the appellant(s) have been received.

Alternative: Staff recognizes that the applicable “sho t clocks” as established by federal law and codified in the Municipal Code under section 21.34.050.D (Timeline for Review) limit the review of this application to 150 days. As the application has been under review for 142 days at the time of this hearing, the City has 8 days to render a decision on the application. If the City fails to make a decision the application proposal will result in the permit being deemed granted by operation of law consistent with the Municipal Code and federal regulation.

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For this reason, there is no option to continue the meeting to prepare a revised resolution approving the appeal and denying the Planning Commission’s decision. For this reason, staff prepared an alternative resolution (reference Attachment H, Draft Resolution Alternative) for the City Council to consider that approves the appeal and denies the Planning Commission’s decision. Additional findings as discussed tonight can be included in this resolution after the public hearing for review by the City Council.

Prepared by:

Larissa Lomen, Assistant Planner

Reviewed by:

Rob Eastwood, Community
Development Director

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Draft Resolution
b. Project Plans
c. Draft Meeting Minutes
d. Appeal Letter
e. Independent Consultant Report, October 2023
f. Propogation Maps
g. SARC Memo, May 28, 2024
h. Draft Resolution Alternative
8 Packet Pg. 138
RESOLUTION NO.

B

EING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CAMPBELL DENYING AN APPEAL AND UPHOLDING THE PLANNING
COMMISSION’S APPROVAL OF A CONDITIONAL USE PERMIT WITH
SITE AND ARCHITECTURAL REVIEW (PLN-2 023-1) TO ALLOW THE CONSTRUCTION OF A 75 -FOOT WIRELESS FACILITY TOWER

DESIGNED TO RESEMBLE A EUCALYPTUS TREE ON PROPERTY
LOCATED AT 2633 S. BASCOM AVENUE . THE PROJECT INVOLVES

SEEKING A SPECIFIC EXCEPTION TO EXISTING ZONING

REGULATIONS, AS THE PROPOSED TOWER EXCEEDS THE
PROPERTY’S STANDARD ALLOWABLE HEIGHT LIMIT (35 FEET) IN THE NC ( NEIGHBORHOOD COMMERICAL ) ZONING DISTRICT.

PROJECT FILE NO.: PLN-2023-1
A
fter notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.

The Cit
y Council did find as follows with regard to application PLN-2023-1:

1. The project site is zoned NC (Neighborhood Commercial) and designated Neighborhood Commercial by the General Plan.

2. The project site is located behind commercial buildings near the northwest corner of S.

Bascom Avenue and Union Avenue.

3. Access to the site is provided by a 450- foot long, 20- foot-wide private alleyway with entrances on Cambrian Drive and South Bascom Avenue.

4. The front parcel is currently developed with a commercial building occupied by a private communications services business, and the rear property is developed with many existing buildings that support the front parcel’s business operations.

5. Many of the existing buildings are considered to be nonconforming with the City’s current zoning standards, but are allowed to continue in accordance with CMC Section

21.58.050 (Restrictions on nonconforming structures), as they were constructed prior to the site’s annexation to the City in 2013.

6. The applicant is requesting approval of a Conditional Use Permit with Site and Architectural Review to allow for the establishment of a new concealed wireless facility (artificial tree pole) with a request for a limited exemption from standards to retain the existing height of the facility.

7. The facility would be designed to resemble a eucalyptus tree which, as designed and conditioned, may be found to satisfy the requirements of the city’s adopted Wireless Communications Facilities Ordinance and Wireless Facility Design Requirements.

8. All aspects of the design of the facility, including the size and width of the facility and surrounding canopy of artificial branches, contribute to the concealment of the facility.

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9. Any increase to the height and width of the facility as measured to the edge of the exterior branches as depicted on the project plans would defeat the concealment of the artificial tree as designed.

10. The maximum allowable height of a structure in the NC zoning district is 35-feet, where the existing/proposed facility would be 75-feet, not including the addition of new artificial branches that will be used conceal the facility as a eucalyptus tree.

11. The applicant bears the burden of demonstrating why a limited exemption to standards (height) should be granted.

12. For the city to approve a limited exemption , the applicant must demonstrate with clear and convincing evidence that a significant gap in the applicant’s service coverage exists (or in this case, would occur without the requested height) and that all alternative sites identified in the application review process are either technically infeasible or not potentially available.

13. The applicant has provided an analysis of the service coverage of the carrier to be served by the proposed tower facility (AT&T) and resulting gap in coverage that would occur without the facility at the proposed height.

14. The applicant also provided an assessment of alternative locations considered, and why they were found to be infeasible.

15. To assist the City Council in its assessment, a third- party consultant was hired to determine the impact that reducing the tower height would have on wireless coverage.

16. The third-party consultant report concludes that the requested height may be supported on the basis that the tower's height of 65 feet is strategically chosen. This height is crucial to achieve desired coverage and also allows for the possibility of colocation, where other carriers can place their equipment on the same tower, thus reducing the need for multiple structures. A technical breakdown in the findings of the report was provided comparing coverage at 65 feet versus 45 feet, illustrating significant reductions in coverage at the lower height, especially in the mid-band spectrum which provides faster data speeds.

17. The third-party consultant report included a list and evaluation of alternative sites, detailing why they are infeasible for the proposed wireless facility. Reasons cited include unsuitable locations, restricted heights on existing structures, and landlords' reluctance to grant long-term leases. Additionally, three alternative PG&E electric transmission lattice towers are positioned too far north to provide necessary coverage and would cause undesirable interference with other AT&T sites, reinforcing the chosen site as the most viable option to avoid coverage gaps.

18. As the requested height and placement of the facility may be found necessary to avoid a significant gap in coverage, and in consideration that all alternative sites identified in the review process are either technically infeasible or not potentially available, the City

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Council may approve a limited exemption to standards to allow an increase in height at the proposed location.

19. Although the project includes development plans, it does not require a separate architectural review permit application but is subject to site and architectural review in accordance with CMC 21.46.050 (Site and architectural review).

20. Applicable General Plan Policies considered by the City Council included, but were not limited to, the following:

Policy CD-4.6: Minimize the visual impact of wireless telecommunication facilities by designing them as an integral architectural feature to a structure.

Policy ED-5.10: Encourage the evolution of retail centers and commercial corridors into viable activity nodes by supporting integration of uses that provide necessary or useful services or amenities that will benefit nearby residential areas and commercial establishments. Encourage a variety of uses (such as hotel, office, entertainment, recreational, and residential uses) to locate in shopping districts.

21. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment.

Based upon the foregoing findings of fact, and in consideration of the entire administrative record, the City Council further finds and concludes that:

Wireless Communications Facilities Findings (CMC Sec. 21.34.110):

1. The proposed facility, or modification to an existing facility, as conditioned will be a stealth or concealed facility as defined in Section 21.34.200;

2. The proposed facility, or modification to an existing facility, as conditioned will comply with all requirements of Chapter 21.34 (Wireless Communications Facilities);

3. The proposed facility, or modification to an existing facility, as conditioned will comply with all applicable design guidelines;

4. The proposed facility, or modification to an existing facility, as conditioned will be consistent with the general plan;

Conditional Use Permit Findings (CMC Sec. 21.46.040):

5. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of this Zoning Code and the Campbell Municipal Code;

6. The proposed use is consistent with the General Plan;

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7. The proposed site is adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area;

8. T
he proposed site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate;

9. T
he design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on-site and in the vicinity of the subject property;

10. T
he establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city;
Site and Architectural Review Permit Findings (CMC Sec. 21.42.060.B):

11. The project will be consistent with the General Plan;

12. T
he project will aid in the harmonious development of the immediate area;

13. T
he project is consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s); Environmental Finding(s) (CMC Sec. 21.38.050):

14. The project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and/or minor alteration of an existing private structure; and

15. N
o substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment.

THEREFORE, BE IT RESOLVED that the City Council denies an appeal (PLN-2024-104) and upholds the approval of a Conditional Use Permit with Site and Architectural Review (PLN-2023-1) to allow the construction of a 75- foot wireless facility tower designed to resemble a eucalyptus tree on property located at 2633 S. Bascom Avenue. The project involves seeking a specific exception to existing zoning regulations, as the proposed tower exceeds the property’s standard allowable height limit (35 feet) subject to the attached Conditions of Approval (attached Exhibit A).

P
ASSED AND ADOPTED this 16th day of July 2024, by the following roll call vote:

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Conditional Use Permit w/Site and Arch. Appeal | Concealed Facility (PLN-2024-104) AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners:

ABSTAIN: Commissioners:

APPR
OVED:

Susan M. Landry, Mayor
A
TTEST:

Andrea Sanders, City Clerk

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EXHIBIT A

CONDITIONS OF APPROVAL
Conditional Use Permit with Site and Architectural Review (PLN-2023-1)

Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified.

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

1. Approved Project : Approval is granted for a Conditional Use Permit with Site and Architectural Review (PLN-2023-1) to allow the construction of a 75-foot wireless facility tower designed to resemble a eucalyptus tree on property located at 2633 S. Bascom Avenue. The project involves seeking a specific exception to existing zoning regulations, as the proposed tower exceeds the property’s standard allowable height limit (35 feet).

The project shall substantially conform to the Project Plans included as Attachment B in the June 25, 202 4, City Council Staff Report, except as may be modified by the Conditions of Approval contained herein.

2. Permit Approval Expiration: The Conditional Use Permit with Site and Architectural Review (PLN-2023-1) shall be valid for one year from the date of final approval (expiring July 5, 2025). Within this one-year period, an application for the Building Permit must be issued. Failure to meet this deadline or expiration of the Building Permit plan check or issued Building Permit will result in the Conditional Use Permit with Site and Architectural Review being rendered void.

3. P lan Revisions : The construction plans submitted for a building permit shall include the following revisions to the satisfaction of the Community Development Director and Building Official prior to Final Inspection as follows:
a. Photo-Simulations
i. Provide updated photo simulations that depict the Faux tree which shall demonstrate that the proposed facility shall replicate the shape, structure, and color of live trees, and be designed to look like the tree species they intend to replicate.
ii. Branching shall not make the tree look top-heavy or unnatural. b. Elevations
i. The elevations shall be updated to depict branch connections reflecting a rounded top with tapering toward the bottom of the pole. Poles should

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be five feet shorter than the overall height of the faux tree to allow branching at the top of the tree.
ii. Each segment of the proposed facility shall be demonstrate 3 branches per foot, extending 18-inches as required by the City’s Wireless Facility Design Requirements.
iii. The materials used shall be non-reflective and nonflammable. c. Detailed specifications demonstrating the following must be provided during the Building Permit plan review.
i. Utilize faux trees that replicate the shape, structure, height, and color of live trees.
ii. The canopy shall completely envelop all tower-mounted equipment and extend beyond the tower-mounted equipment at least 18 inches. iii. The canopy shall be naturally tapered to mimic the particular tree species.
iv. All faux trees must incorporate a sufficient number of branches (no less than 3 branches per foot) and design materials so that the structure is as natural in appearance as possible.
v. Where branches are connected to the pole, the branches shall make a seamless connection with the faux bark cladding.
vi. All tower-mounted equipment, including, without limitation, antennas, equipment cabinets, cables, mounts and brackets, shall be painted flat, natural colors to mimic the bark or branches of the particular tree species based on the predominant backdrop.
vii. All antennas and other tower -mounted equipment cabinets shall be covered with leaf or needle “socks” to blend in with the faux foliage. i.

The entire vertical structure shall be covered with permanently -affixed three- dimensional faux bark cladding to mimic the particular tree species.
viii. All coaxial cables must be routed directly from the ground up through the pole

4. Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. The contractor contact information posting shall be removed upon project completion (building permit final).

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5. Construction Activities: The applicant shall abide by the following requirements during construction:
a. The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits.
b. Construction activities shall be limited to weekdays between 8:00 a.m. and 5:00 p.m. and Saturdays between 9:00 a.m. and 4:00 p.m. No construction shall take place on Sundays or holidays unless an exception is granted by the Building Official. c. All construction equipment with internal combustion engines used on the project site shall be properly muffled and maintained in good working condition. d. Unnecessary idling of internal combustion engines shall be strictly prohibited. e. All stationary noise-generating construction equipment, such as air compressors and portable power generators, shall be located as far as possible from noise- sensitive receptors such as existing residences and businesses.
f. Use standard dust and erosion control measures that comply with the adopted Best Management Practices for the City of Campbell.

6. Construction Hours/Fines/Stop Work Notice: Failure to comply with permitted working hours that result in verified complaints may result in the issuance of a Stop Work Notice issued to the project with cessation of work for a minimum of seven (7) days from the date of issuance and an Administrative fine of up to $1,000.00.

7. Timely Completion: Once under construction it shall be the obligation of the property owner and contractor to demonstrate continued progress on the project. In the event the building permit expires, the City may impose fines or exercise administrative remedies to compel timely completion of work.

8. No Expansion of Ground Mounted Equipment : The facility is not approved for any expansion of the ground mounted equipment. Accordingly, no expansion of the ground mounted equipment shall be permitted to be added to the site as part of an Eligible Facilities Request (EFR) request made under Section 6409(a) and FCC rules implementing Section 6409 of the Spectrum Act, codified at 47 U.S.C. 1455.

9. Cessation of Operations: The service provider shall provide written notification to the community development director upon cessation of operations on the site exceeding a ninety-calendar day period. The service provider, permittee and/or property owner shall remove all obsolete or unused facilities from the site within one hundred eighty calendar days of termination of the lease with the property owner or cessation of operations, whichever comes earlier.
a. Ne
w Permit Required . If a consecutive period of one hundred eighty calendar days has lapsed since cessation of operations, a new permit shall be required prior to use or reuse of the site.

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10. Supersede: The subject permit shall supersede all prior land use entitlements related to the subject facility.

11. Pole Height: The height of the artificial tree pole (tower facility ) may not be increased beyond 75 feet.

12. Branch Height: The height of the branches may extend 18 inches beyond the height of the artificial tree pole to provide additional concealment.

13. Length of Approval: The subject permit shall be valid for a period of ten years from the effective date of the approval (expiring July 5, 2035) but may be reduced for public safety reasons or substantial land use reasons pursuant to Government Code Section 65964(b). Use permits and site and architectural review permits approved prior to the effective date of the Wireless Ordinance shall expire pursuant to the previously approved permit term. Nothing contained in this permit is intended to revive or extend any permit or use that expired on or prior to the effective date of the Wireless Ordinance. a. The permit may be renewed for subsequent time periods, subject to the following:
i. The renewal application is filed with the community development department prior to expiration, but no earlier than twenty -four months prior to expiration.
ii. The subject permit approval may be administratively extended by the community development director from the initial approval date for a subsequent ten years and may be extended by the community development director every ten years thereafter upon verification that the facility continues to comply with the Wireless Ordinance (as may be amended from time to time) and all conditions of approval under which the facility was approved. All costs associated with the review process shall be borne by the service provider, permittee and/or property owner. b. If a request for renewal of the required permit(s) is not timely received and the permit expires, the City may declare the facility(ies) abandoned or discontinued in accordance with Section 21.34.070(A)(16) (Abandonment).

14. Business License Required: Each service provider with a wireless communications facility in the City shall obtain and maintain a City business license. An application for a Business license must be submitted an approved prior to building permit issuance.

15. I mplementation and Monitoring Costs: The wireless communications permittee, service provider or its/their successor shall be responsible for the payment of all reasonable costs associated with the monitoring of the conditions of approval, including, but not limited to, costs incurred by the community development department, the office of the city attorney or any other appropriate City department or agency, to the full extent such

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costs are recoverable or collectible under applicable state and/or federal law. The community development department shall collect costs on behalf of the City.

16. Development and Operational Standards: All facilities shall satisfy the development standards of the district in which they are proposed, as well as the Development and Operational Standards outlined in CMC 21.16 (e.g. Electrical Interference, Light and Glare, Noise, Odor, Vibration, Maintenance) and the Site Development Standards (e.g. as specified in CMC 21.18). Exceptions to development and operational standards shall only be permitted for (A) an eligible facility request to the extent required by law, ( B) a subsequent collocation facility to the extent required by California Government Code section 65850.6(a), or (C) for a stealth facility when such exception is limited to maximum allowable heights, or minimum setbacks, and when such exception would not result in a perceivable visual impact.

17. P
ermits : All permits required for the installation of the facility and associated improvements, shall be completed prior to operation of the facility (or component of that facility).

18. C
oncealment : Every aspect of the facility design is considered an element of concealment including, but not limited to, the dimensions, bulk and scale, color, materials, and texture. Any modification to the facility shall be considered to defeat the concealment of the facility, and shall not be permitted, except as expressly provided below:
a. A
dding or Enlarging Antennas : Antennas may be added to, or enlarged in size, within the canopy of the artificial tree tower when they are covered with leaf “socks” that match the color of the foliage and do not e ncroach within 18 - inches of the outer edge of the artificial branches. Branches may not be removed, added, or extended, to provide for the addition or enlargement of antennas on the facility.
b. G round- Mounted Equipment: Equipment may be added to, or enlarged in size, within the existing building, but may not be added within the existing ground- mounted equipment enclosure unless the following conditions are met:
i. T he existing chain link fencing is removed and replaced with a solid, opaque wooden fence, or masonry wall, approved by the community development director.

Note: Fences or walls exceeding the maximum height permitted by the Campbell Municipal Code shall require review and approval of a fence exception.
ii. Any equipment added, or enlarged in size, do not exceed the height of the opaque wooden fence, or masonry wall, once established.

8.a
Packet Pg. 148
Attachment: Draft Resolution (2633 S. Bascom Ave Appeal) Planning Commission Resolution No. XXXX Page 6 of 8 2633 S. Bascom Ave
Conditional Use Permit with Site and Architectural Review (PLN-2023-1)

19. Compliance with Applicable Laws: The permittee and service provider shall at all times comply with all applicable provisions of the CMC including, but not limited to, Title 21 (Zoning), any permit or approval issued under the CMC including, but not limited to, Title 21 (Zoning), and all other applicable federal, state and local laws, rules and regulations.

Failure by the City to enforce compliance with applicable laws, rules or regulations shall not relieve any permittee of its obligations under the CMC including, but not limited to, Title 21 (Zoning), any permit or approval issued under the CMC, or any other applicable laws, rules and regulations.

20. C
ompliance with Approved Plans: The facility shall be built in compliance with the approved plans on file with the Community Development Department. Projects shall not be approved at final inspection if they do not match the approved exhibits, including photo simulations.

21. I
nspections; Emergencies: The City or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee in times of emergency. The permittee shall cooperate with all inspections. The City reserves the right to enter (or direct its designee to enter) the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

22. C
ontact Information for Responsible Parties: The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the community development director upon request.

23. G
eneral Maintenance: The site and the facility, including but not limited to all landscaping, fencing, concealment features, and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

24. G
raffiti Removal: All graffiti on facilities must be removed at the sole expense of the permittee within forty-eight hours after notification from the City.

25. F CC (including, but not limited to, RF Exposure) Compliance: All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate such facilities.

26. A
bandonment:
a. To promote the public health, safety and welfare, the community development director may declare a facility (or component of a facility) abandoned or discontinued when: (a) The permittee or service provider abandoned or discontinued the use of a facility ( or component of a facility) for a continuous period of ninety calendar days; or (b) The permittee or service provider fails to respond within thirty calendar days to a written notice from the community

8.a
Packet Pg. 149
Attachment: Draft Resolution (2633 S. Bascom Ave Appeal) Planning Commission Resolution No. XXXX Page 7 of 8 2633 S. Bascom Ave
Conditional Use Permit with Site and Architectural Review (PLN-2023-1)

development director that states the basis for the community development director's belief that the facility (or component of the facility) has been abandoned or discontinued for a continuous period of ninety calendar days; or (c) The permit expires and the permittee has failed to file a timely application for renewal. b. After the community development director declares a facility (or component of a facility) abandoned or discontinued, the permittee shall have sixty calendar days from the date of the declaration (or longer time as the community development director may approve in writing as reasonably necessary) to: (a) reactivate the use of the abandoned or discontinued facility (or component thereof) subject to the provisions of this chapter and all conditions of approval; or (b) remove the facility (or component of that facility) and all improvements installed in connection with the facility (or component of that facility), unless directed otherwise by the community development director, and restore the site to a condition in compliance with all applicable codes and consistent with the then-existing surrounding area. c. If the permittee fails to act as required in Section 21.34.070(A)(16)(b) within the prescribed time period, the City may (but shall not be obligated to) remove the abandoned facility (or abandoned component of the facility), restore the site to a condition in compliance with all applicable codes and consistent with the then- existing surrounding area, and repair any and all damages that occurred in connection with such removal and restoration work. The City may, but shall not be obligated to, store the removed facility (or component of the facility) or any part thereof, and may use, sell or otherwise dispose of it in any manner the City deems appropriate. The last -known permittee or its successor -in-interest and, if on private property, the real property owner shall be jointly liable for all costs and expenses incurred by the City in connection with such removal, restoration, repair and storage, and shall promptly reimburse the City upon receipt of a written demand, including, without limitation, any interest on the balance owing at the maximum lawful rate. The City may, but shall not be obligated to, use any financial security required in connection with the granting of the facility permit to recover its costs and interest. Until the costs are paid in full, a lien shall be placed on the facility, all related personal property in connection with the facility and, if applicable, the real private property on which the facility was located for the full amount of all costs for removal, restoration, repair and storage (plus applicable interest). The City Clerk shall cause the lien to be recorded with the County of Santa Clara Recorder's Office. Within sixty calendar days after the lien amount is fully satisfied including costs and interest, the City Clerk shall cause the lien to be released with the County of Santa Clara Recorder's Office. d. After a permittee fails to comply with any provisions of this Section

21.34.070(A)(16) (Abandonment), the City may elect to treat the facility as a nuisance to be abated as provided in the CMC (including, but not limited to, Chapter 6.10).

8.a
Packet Pg. 150
Attachment: Draft Resolution (2633 S. Bascom Ave Appeal) Planning Commission Resolution No. XXXX Page 8 of 8 2633 S. Bascom Ave
Conditional Use Permit with Site and Architectural Review (PLN-2023-1)

27. Indemnities: The permittee, service provider, and, if applicable, the non- government owner of the private property upon which the tower and/or base station is installed (or is to be installed) shall defend (with counsel reasonably satisfactory to the City), indemnify and hold harmless the City of Campbell its officers, officials, directors, agents, representatives, and employees (i) from and against any and all damages, liabilities, injuries, losses, costs and expenses and from and against any and all claims, demands, lawsuits, judgments, writs of mandamus and other actions or proceedings brought against the City or its officers, officials, directors, agents, representatives, or employees to challenge, attack, seek to modify, set aside, void or annul the City's approval of the permit, and (ii) from and against any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, lawsuits, judgments, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of, in connection with or relating to the acts, omissions, negligence, or performance of the permittee, the service provider, and/or, if applicable, the private property owner, or any of each one's agents, representatives, employees, officers, directors, licensees, contractors, subcontractors or independent contractors. It is expressly agreed that the City shall have the right to approve (which approval shall not be unreasonably withheld) the legal counsel providing the City's defense, and the property owner, service provider, and/or permittee (as applicable) shall reimburse City for any and all costs and expenses incurred by the City in the course of the defense.

Building Division

28. Permit Required: A Building Permit application shall be required for the proposed project.

The Building Permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.

29. Conditions of Approval: The Conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit.

FIRE DEPARTMENT

30. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits.

31. N
o Violation: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the Fire Code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6].

8.a
Packet Pg. 151
Attachment: Draft Resolution (2633 S. Bascom Ave Appeal) at&t

CODE COMPLIANCE
AT&T SITE NUMBER: CCL06058
AT&T SITE NAME: BASCOM & UNION
2633 S BASCOM AVENUE
CAMPBELL, CALIFORNIA 95008
JURISDICTION: CITY OF CAMPBELL
APN:41241034
SITE TYPE: SHELTER /
75'-0" EUCALYPTUS
INITIATIVE/PROJECT: NSB
USID #: 323016
FA LOCATION CODE: 15541184
RFDS ID: 5474586
RFDS VERSION: 1.00
RFDS DATE: 10/11/2022
PACE JOB #: MRSFR079306
PTN #: 3701A0YNXX
T-1

ALL WORK & MATERIALS SHALL BE PERFORMED & INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO H=THESE CODES:
2022 CALIFORNIA ADMINISTRATIVE CODE, PART 1, TITLE 24 C.C.R 2022 CALIFORNIA BUILDING CODE (CBC), PART 2, VOLUME 1&2, TITLE 24 C.C.R. (2018 INTERNATIONAL BUILDING CODE AND 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA ELECTRICAL CODE (CEC), PART 3, TITLE 24 C.C.R. (2017 NATIONAL ELECTRICAL CODE AND 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA MECHANICAL CODE (CMC) PART 4, TITLE 24 C.C.R. (2018 UNIFORM MECHANICAL CODE AND 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA PLUMBING CODE (CPC), PART 5, TITLE 24 C.C.R. 2018 UNIFORM PLUMBING CODE AND 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA ENERGY CODE (CEC), PART 6, TITLE 24 C.C.R. 2022 CALIFORNIA FIRE CODE, PART 9, TITLE 24 C.C.R.
(2018 INTERNATIONAL FIRE CODE AND 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, PART 11, TITLE 24 C.C.R. 2022 CALIFORNIA REFERENCE STANDARDS, PART 12 TITLE 24 C.C.R.

ANSI/EIA-TIA-222-H

ALONG WITH ANY OTHER APPLICABLE LOCAL & STATE LAWS AND REGULATIONS THIS FACILITY IS UNMANNED & NOT FOR HUMAN HABITATION. DISABLED ACCESS & REQUIREMENTS ARE NOT REQUIRED IN ACCORDANCE WITH CALIFORNIA STATE BUILDING CODE, TITLE 24 PART 2, SECTION 11B-203.5

DISABLED ACCESS REQUIREMENTS

SHEET INDEX
SHEET NO. REVDESCRIPTION
1TITLE SHEET
1 1
1 1
A-1 OVERALL SITE PLAN
A-2 SITE DETAILS
A-3 ANTENNA LAYOUT AND ANTENNA & EQUIPMENT SCHEDULE

VICINITY MAP

DRIVING DIRECTIONS

PROJECT DESCRIPTION
A (N) AT&T UNMANNED TELECOMMUNICATION FACILITY CONSISTING OF INSTALLING:
x INSTALLATION OF NEW AT&T 75'-0" EUCALYPTUS
x INSTALLATION OF (3) NEW ANTENNA MOUNTING ASSEMBLIES ((1) PER SECTOR) x INSTALLATION OF (15) AT&T PANEL ANTENNAS MOUNTED AT A 65'-0" CENTERLINE ((5) PER SECTOR) x INSTALLATION OF (12) AT&T REMOTE RADIO HEADS (RRHS) ((4) PER SECTOR) x INSTALLATION OF (3) NEW AT&T TOWER MOUNTED DC-9 SURGE SUPPRESSORS x INSTALLATION OF (2) NEW RACK MOUNTED DC-9 SURGE SUPPRESSORS x INSTALLATION OF (4) INDOOR EQUIPMENT RACKS
(1) OUTDOOR EMERSON 701 DC POWER PLANT CABINET
(1) OUTDOOR BATTERY CABINET WITH (16) GNB BATTERIES
(1) PURCELL CABINET FLEX21 FOR BBU EQUIPMENT
(1) PURCELL CABINET FLEX21 FOR POWER EQUIPMENT
x INSTALLATION OF NEW AT&T 6' CHAIN LINK FENCE WITH 3-STRANDS BARB WIRE x INSTALLATION OF (2) AT&T 4' WIDE CHAIN LINK GATES WITH 3-STRANDS BARB WIRE x INSTALLATION OF (1) AT&T CIENA AND (1) HOFFMAN BOX MOUNTED TO A NEW H-FRAME x INSTALLATION OF A 200A DEDICATED SERVICE TO METER MOUNTED TO A NEW H-FRAME SITE NAME: BASCOM AND UNION
SITE #: CCL06058
COUNTY: SANTA

CLARA COUNTY
JURISDICTION: CITY OF CAMPBELL
APN : 41241034
SITE ADDRESS: 2633 S BASCOM AVENUE
FORM: 5001 EXECUTIVE PARKWAY, SAN RAMON, CALIFORNIA 94583 TO SITE LOCATION: 2633 S BASCOM AVENUE, CAMPBELL, CALIFORNIA 95008 CAMPBELL, CALIFORNIA 95008
CURRENT ZONING: NEIGHBORHOOD COMMERCIAL (C-1)
CONSTRUCTION TYPE: V-B
OCCUPANCY TYPE: U, (UNMANNED COMMUNICATIONS FACILITY)
POWER: EXISTING TRANSFORMER
LATITUDE: N 37° 16' 28.3" NAD 83
N 37.274539° NAD 83
LONGITUDE: W 121° 56' 05.7" NAD 83
W -121.934922° NAD 83
GROUND ELEVATION: ±210.0' AMSL
PROPERTY OWNER: MCQUEEN LIMITED PART
CAMPBELL, CALIFORNIA 95008-5635
APPLICANT: AT&T MOBILITY
5001 EXECUTIVE PARKWAY
SAN RAMON, CALIFORNIA 94583
SPECTRUM SERVICES, LLC.
4850 WEST OQUENDO ROAD
LAS VEGAS, NEVADA 89118
PHONE: (702) 367-7705
FAX: (702) 367-8733
5001 EXECUTIVE PARKWAY
SAN RAMON, CALIFORNIA 94583
at&t

PREPARED FOR
VENDOR:

DRAWN BY:

CHECKED BY:

AT&T SITE NO:

PROJECT NO:

APPROVED BY:

J.CAPULE
CCL06058
_____________
C. WENER
R. MARTINEZ
SHEET TITLE:

SHEET NUMBER
CCL06058

BASCOM & UNION
2633 S BASCOM AVENUE
CAMPBELL, CALIFORNIA 95008
PROJECT INFORMATION:

DESCRIPTION BYDATEREV.

ISSUE STATUS
12/08/22 90% ZONING J.C.

IT IS A VIOLATION OF LAW FOR ANY PERSON,

UNLESS THEY ARE ACTING UNDER THE

DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.

LICENSURE:
0 04/22/24 100% ZONING J.R.1

TITLE SHEET
SITE ACQUISITION COMPANY: MODUS LLC
1614 SE 10TH AVENUE
PORTLAND, OREGON 97214
LEASING CONTACT: ATTN: LORRIE BILLALON
(510) 825-8889
[email protected]
ZONING CONTACT: ATTN: ERIC LENTZ
(805) 895-4394
[email protected]
CONSTRUCTION CONTACT: ATTN: KEITH CONNER
(408) 306-3801
[email protected]
SCALE: N/A
TN
2633 S BASCOM AVENUE

PROJECT INFORMATION
A-4 PROPOSED SOUTHEAST & SOUTHWEST ELEVATIONS
1 1

1. HEAD SOUTHWEST 33 FT

2. TURN RIGHT 312 FT

3. TURN LEFT TOWARD EXECUTIVE PKWY 164 FT

4. TURN RIGHT TOWARD EXECUTIVE PKWY 295 FT

5. TURN RIGHT ONTO EXECUTIVE PKWY 0.2 MI

6. TURN RIGHT ONTO CAMINO RAMON 0.6 MI

7. USE THE RIGHT 2 LANES TO TURN RIGHT ONTO BOLLINGER CANYON RD 0.5 MI

8. USE THE RIGHT LANE TO MERGE ONTO I-680 S VIA THE RAMP TO SAN JOSE 0.2 MI

9. MERGE ONTO I-680 S 21.5 MI

10. TAKE EXIT 12 TO MERGE ONTO CA-262 S/MISSION BLVD 0.5 MI

11. MERGE ONTO CA-262 S/MISSION BLVD 0.5 MI

12. USE THE LEFT 2 LANES TO MERGE ONTO I-880 S TOWARD SAN JOSE 3.8 MI

13. KEEP RIGHT TO STAY ON I-880 S 9.2 MI

14. CONTINUE ONTO CA-17 S 1.4 MI

15. USE THE RIGHT 2 LANES TO TAKE EXIT 25 FOR HAMILTON AVE 0.2 MI

16. USE ANY LANE TO TURN LEFT ONTO E HAMILTON AVE 0.4 MI

17. TURN RIGHT ONTO S BASCOM AVE 1.4 MI

18. DESTINATION WILL BE ON THE RIGHT
ESTIMATED TIME: 43 MINUTES ESTIMATED DISTANCE: 40.7 MILES D-1 EQUIPMENT DETAILS
C-1 LEASE AREA DETAIL, SITE & BOUNDARY PLAN
1 D-2 EQUIPMENT DETAILS
1 REF-1 MATERIALS DETAILS
REF-2 CE23-11 DWGS
REF-3 CE23-11 DWGS
REF-4 SITE PHOTOS
A-5 PROPOSED NORTHWEST & NORTHEAST ELEVATIONS
1 1
1 1
A-6 TOWER LAYOUT
T-2 SITE SIGNAGE
Attachment 2

8.b
Packet Pg. 152
Attachment: Project Plans (2633 S. Bascom Ave Appeal)
SPECTRUM SERVICES, LLC.
4850 WEST OQUENDO ROAD
LAS VEGAS, NEVADA 89118
PHONE: (702) 367-7705
FAX: (702) 367-8733
5001 EXECUTIVE PARKWAY
SAN RAMON, CALIFORNIA 94583
at&t

PREPARED FOR
VENDOR:

DRAWN BY:

CHECKED BY:

AT&T SITE NO:

PROJECT NO:

APPROVED BY:

J.CAPULE
CCL06058
_____________
C. WENER
R. MARTINEZ
SHEET TITLE:

SHEET NUMBER
CCL06058

BASCOM & UNION
2633 S BASCOM AVENUE
CAMPBELL, CALIFORNIA 95008
PROJECT INFORMATION:

DESCRIPTION BYDATEREV.

ISSUE STATUS
12/08/22 90% ZONING J.C.

IT IS A VIOLATION OF LAW FOR ANY PERSON,

UNLESS THEY ARE ACTING UNDER THE

DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.

LICENSURE:
0 04/22/24 100% ZONING J.R.1

SIGNAGE AND STRIPING INFORMATION

1. THE FOLLOWING INFORMATION IS A GUIDELINE WITH RESPECT TO PREVAILING

STANDARDS LIMITING HUMAN EXPOSURE TO RADIO FREQUENCY ENERGY AND SHOULD BE USED AS SUCH. IF THE SITE'S EMF REPORT OR ANY LOCAL, STATE OR

FEDERAL GUIDELINES OR REGULATIONS SHOULD BE IN CONNECT WITH ANY PART

OF THESE NOTES OR PLANS, THE MORE RESTRICTIVE GUIDELINE OR REGULATION SHALL BE FOLLOWED AND OVERRIDE THE LESSER.

2. THE PUBLIC LIMIT OF RF EXPOSURE ALLOWED BT AT&T IS 1mWcm*2 AND THE OCCUPATIONAL LIMIT OF RF EXPOSURE ALLOWED BY AT&T IS 5mWcm*2.

3. IF THE BOTTOM OF THE ANTENNA IS MOUNTED (8) EIGHT FEET ABOVE THE

GROUND OR WORKING PLATFORM LINE OF THE PERSONAL COMMUNICATION

SYSTEM (PCS) AND DOES NOT EXCEED THE PUBLIC LIMIT OF RF EXPOSURE LIMIT THEN NO STRIPING OR BARRICADES SHOULD BE NEEDED.

4. IF THE PUBLIC LIMIT OF RF EXPOSURE ON THE SITE IS EXCEEDED AND THE AREA IS PUBLICLY ACCESSIBLE (e.g. ROOF ACCESS DOOR THAT CANNOT BE LOCKED, OR

FIRE EGRESS) THEN BOTH BARRICADES AND STRIPING SHALL BE PLACED AROUND THE ANTENNAS. THE EXACT EXTENT OF THE BARRICADES AND STRIPING SHALL BE

DETERMINED BY THE EMF REPORT FOR THE SITE DONE BEFORE OR SHORTLY AFTER COMPLETION OF THE SITE CONSTRUCTION. USE THE PLANS AS A GUIDELINE FOR PLACEMENT OF SUCH BARRICADES AND STRIPING.

5. IF THE PUBLIC LIMIT OF RF EXPOSURE ON THE SITE IS EXCEEDED AND THE AREA IS PUBLICLY ACCESSIBLE (e.g. ROOF ACCESS DOOR THAT CANNOT BE LOCKED, OR

FIRE EGRESS) THEN BOTH BARRICADES AND STRIPING SHALL BE PLACED AROUND THE ANTENNAS. THE EXACT EXTENT OF THE BARRICADES AND STRIPING SHALL BE

PLACED AROUND THE ANTENNAS, THE EXACT EXTENT OF THE BARRICADES &

STRIPING SHALL BE DETERMINED BY THE EMF REPORT FOR THE SITE DONE BEFORE OR SHORTLY AFTER COMPLETION OF SITE CONSTRUCTION. USE THE PLANS AS A GUIDELINES FOR PLACEMENT OF SUCH BARRICADES AND STRIPING.

6. ALL TRANSMIT ANTENNAS REQUIRE A THREE LANGUAGE WARNING SIGN WRITTEN IN ENGLISH, SPANISH, AND CHINESE. THIS SIGN SHALL BE PROVIDED TO THE

CONTRACTOR Y THE AT&T CONSTRUCTION PROJECT MANAGER AT THE TIME OF CONSTRUCTION. THE LARGER SIGN SHALL BE PLACED IN PLAIN SIGHT AT ALL ROOF ACCESS LOCATIONS AND ON ALL BARRICADES. THE SMALLER SIGN SHALL

BE PLACED ON THE ANTENNA ENCLOSURES IN A MANNER THAT IS EASILY SEEN BY ANY PERSON ON THE ROOF. WARNING SIGNS SHALL COMPLY WITH ANSI C95.2 COLOR, SYMBOL, AND CONTENT CONVENTIONS. ALL SIGNS SHALL HAVE AT&T'S NAME AND THE COMPANY CONTACT INFORMATION (e.g. TELEPHONE NUMBER) TO ARRANGE FOR ACCESS TO THE RESTRICTED AREAS. THIS TELEPHONE NUMBER

SHALL BE PROVIDED TO THE CONTRACTOR BY THE AT&T CONSTRUCTION PROJECT MANAGER AT THE TIME OF CONSTRUCTION.

7. PHOTOS OF ALL STRIPING, BARRICADES AND SIGNAGE SHALL BE PART OF THE

CONTRACTORS CLOSE OUT PACKAGE & SHALL BE TURNED INTO THE AT&T

CONSTRUCTION PACKAGE & SHALL BE TURNED INTO THE AT&T CONSTRUCTION MANAGER AT THE END OF CONSTRUCTION. STRIPING SHALL BE DONE WITH FADE

RESISTANT YELLOW SAFETY PAINT IN A CROSS-HATCH PATTERN AS DETAILED BY THE CONSTRUCTION DRAWINGS. ALL BARRICADES SHALL BE MADE OF AN RF

FRIENDLY MATERIAL SO AS NOT TO BLOCK OR INTERFERE WITH THE OPERATION OF THE ANTENNAS. BARRICADES SHALL BE PAINTED WITH FADE RESISTANT YELLOW SAFETY PAINT. THE CONTRACTOR SHALL PROVIDE WITH ALL RF FRIENDLY

BARRICADES NEEDED, & SHALL PROVIDE THE AT&T CONSTRUCTION PROJECT MANAGER WITH A DETAILED SHOP DRAWING OF EACH BARRICADES. UPON CONSTRUCTION COMPLETION.

NOTICE SIGN

GENERAL NOTES
8"
12"
8"
12"
8"
12"

CAUTION AND WARNING SIGN
NOTE:

1. CONTRACTOR SHALL INSTALL ALL INFORMATION SIGNAGE IN
ACCORDANCE W/ AT&T WIRELESS DOCUMENT #03-0074, RF

EXPOSURE POLICY AND RF SAFETY COMPLIANCE PROGRAM,
LATEST EDITION.

2. CONTRACTOR SHALL CONTACT AT&T R-RFSC FOR

INFORMATION ON MPE LEVELS AND INSTRUCTIONS ON LEVEL
AND LOCATION OF SIGNAGE.
3 0 2

CABINET DOORS SIGNAGENFPA HAZARD SIGN

DOOR / EQUIPMENT SIGN GATE SIGNAGE
NONE
SCALE:
1 NONE
SCALE:
2 NONE
SCALE:
3 NFPA 704 HAZARD DIAMOND SIGNFUEL TYPE SIGN
1 0
2 FCC ASR SIGNAGEFENCED COMPOUND SIGNAGE
DANGER

INFORMATION
8"
12"
at&t
FENCE COMPOUND SIGNAGE YELLOW EH&S SIGN PROP 65
15"
15"
NONE
SCALE:
4NONE
SCALE:
6NONE
SCALE:
10 NONE
SCALE:
9 NONE
SCALE:
8NONE
SCALE:
12 NONE
SCALE:
13 NONE
SCALE:
14 NONE
SCALE:
11 NONE
SCALE:
7 NONE
SCALE:
5 SITE SIGNAGE

8.b
Packet Pg. 153
Attachment: Project Plans (2633 S. Bascom Ave Appeal)

8.b
Packet Pg. 154
Attachment: Project Plans (2633 S. Bascom Ave Appeal)
SPECTRUM SERVICES, LLC.
4850 WEST OQUENDO ROAD
LAS VEGAS, NEVADA 89118
PHONE: (702) 367-7705
FAX: (702) 367-8733
5001 EXECUTIVE PARKWAY
SAN RAMON, CALIFORNIA 94583
at&t

PREPARED FOR
VENDOR:

DRAWN BY:

CHECKED BY:

AT&T SITE NO:

PROJECT NO:

APPROVED BY:

J.CAPULE
CCL06058
_____________
C. WENER
R. MARTINEZ
SHEET TITLE:

SHEET NUMBER
CCL06058

BASCOM & UNION
2633 S BASCOM AVENUE
CAMPBELL, CALIFORNIA 95008
PROJECT INFORMATION:

DESCRIPTION BYDATEREV.

ISSUE STATUS
12/08/22 90% ZONING J.C.

IT IS A VIOLATION OF LAW FOR ANY PERSON,

UNLESS THEY ARE ACTING UNDER THE

DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.

LICENSURE:
0 04/22/24 100% ZONING J.R.1

OVERALL SITE
PLAN

OVERALL SITE PLAN

LEASE AREA
LEGEND

EASEMENT
XXXX
XXXX
EXISTING 5' CONTOUR
EXISTING 1' CONTOUR

CENTERLINE

PROPERTY LINE

SECTION LINE

CHAIN LINK FENCE

OVERHEAD POWER

RIGHT-OF-WAY
O.R.

BLOCK WALL

FIRE HYDRANT

OFFICIAL RECORD

POWER POLE

PARKING LOT AREA LIGHT

WROUGHT IRON FENCE

( IN FEET )

015 15 30 60 7.5
24" X 36" SCALE
1" = 15'
11" X 17" SCALE
1" = 30' 1

EXISTING

BUILDING

EXISTING

BUILDING

EXISTING

BUILDING

EXISTING

BUILDING

S BASCOM AVENUE
APN: 41241042
ZONED: NEIGHBORHOOD
COMMERCIAL (C-1)
APN: 41241041
ZONED: NEIGHBORHOOD
COMMERCIAL (C-1)
APN: 41241040
ZONED: NEIGHBORHOOD
COMMERCIAL (C-1)
APN: 41241039
ZONED: NEIGHBORHOOD
COMMERCIAL (C-1)

EXISTING

RESIDENTIAL
APN: 41241032
ZONED: LOW DENSITY
RESIDENTIAL (R-1-8)
APN: 41241033
ZONED: NEIGHBORHOOD
COMMERCIAL (C-1)
APN: 41241034
ZONED: NEIGHBORHOOD
COMMERCIAL (C-1)
APN: 41241035
ZONED: NEIGHBORHOOD
COMMERCIAL (C-1)
-
A-2

PROPOSED AT&T
19'-5" X 19'-5" LEASE AREA
(~363 SQ. FT.)

PROPOSED AT&T

NON-EXCLUSIVE

PARKING SPACE

PROPOSED AT&T

POINT OF ACCESS

PROPOSED AT&T

NON-EXCLUSIVE SITE

ACCESS EASEMENT

EXISTING ELECTRICAL VAULT,
PROPOSED AT&T POWER P.O.C.
(TOTAL POWER ROUTE ~170')

EXISTING TELCO VAULT,
PROPOSED AT&T FIBER P.O.C.
(TOTAL FIBER ROUTE ~90')

PROPOSED AT&T

UNDERGROUND POWER
ROUTE IN A NEW 2" PVC
CONDUIT (~125')

PROPOSED AT&T UNDERGROUND
FIBER ROUTE IN A NEW 2" PVC
CONDUIT (~45')

PROPOSED AT&T JOINT

UNDERGROUND POWER
AND FIBER ROUTE (~45')

EXISTING ROLLING

CHAIN LINK GATE

EXISTING

BUILDING

EXISTING

BUILDING

EXISTING

CONTAINER

EXISTING

PARKING AREA

EXISTING

PARKING AREA

EXISTING

PARKING AREA

EXISTINGPARKING AREA

S BASCOM AVENUE

EXISTING

CONTAINER

EXISTING
COVER
49'-4"
84'-5"

EXISTING FIRE HYDRANT

EXISTING WATER LINE

EXISTING UNDERGROUND STREET

LIGHT POWER ROUTE

EXISTING TELCO VAULT

EXISTING ELECTRICAL
VAULT

EXISTING STREET LIGHT VAULT

EXISTING STREET LIGHT

EXISTING ELECTRICAL
VAULT

EXISTING UNDERGROUND

UTILITY LINE

EXISTING SEWER LINE

CLEANOUT

8.b
Packet Pg. 155
Attachment: Project Plans (2633 S. Bascom Ave Appeal)
SPECTRUM SERVICES, LLC.
4850 WEST OQUENDO ROAD
LAS VEGAS, NEVADA 89118
PHONE: (702) 367-7705
FAX: (702) 367-8733
5001 EXECUTIVE PARKWAY
SAN RAMON, CALIFORNIA 94583
at&t

PREPARED FOR
VENDOR:

DRAWN BY:

CHECKED BY:

AT&T SITE NO:

PROJECT NO:

APPROVED BY:

J.CAPULE
CCL06058
_____________
C. WENER
R. MARTINEZ
SHEET TITLE:

SHEET NUMBER
CCL06058

BASCOM & UNION
2633 S BASCOM AVENUE
CAMPBELL, CALIFORNIA 95008
PROJECT INFORMATION:

DESCRIPTION BYDATEREV.

ISSUE STATUS
12/08/22 90% ZONING J.C.

IT IS A VIOLATION OF LAW FOR ANY PERSON,

UNLESS THEY ARE ACTING UNDER THE

DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.

LICENSURE:
0 04/22/24 100% ZONING J.R.1

SITE DETAILS

SITE DETAIL WITH DIMENSIONS

LEASE AREA
LEGEND

EASEMENT
XXXX
XXXX
EXISTING 5' CONTOUR
EXISTING 1' CONTOUR

CENTERLINE

PROPERTY LINE

SECTION LINE

CHAIN LINK FENCE

OVERHEAD POWER

RIGHT-OF-WAY
O.R.

BLOCK WALL

FIRE HYDRANT

OFFICIAL RECORD

POWER POLE

PARKING LOT AREA LIGHT

WROUGHT IRON FENCE
1 ( IN FEET )


02.5 2.5 5 10 1.25
24" X 36" SCALE
1" = 2'-6"
11" X 17" SCALE
1" = 5'


PROPOSED AT&T

NON-EXCLUSIVE

PARKING SPACE

PROPOSED AT&T JOINT

UNDERGROUND POWER
AND FIBER ROUTE (~45')
(2) PROPOSED AT&T 4'

WIDE CHAIN LINK GATES
1 A-4
2 A-4

EXISTING

BUILDING
SITE DETAIL1
( IN FEET )


02.5 2.5 5 10 1.25
24" X 36" SCALE
1" = 2'-6"
11" X 17" SCALE
1" = 5'


EXISTING

PARKING AREA

EXISTING CHAIN

LINK FENCE
19'-1"
5'-5"
8'-3"
5'-5"
9'-6"
19'-1"

EXISTING ROLLING

CHAIN LINK GATE

EXISTING

BOLLARDS

PROPOSED AT&T EMERSON

OUTDOOR NETEXTEND FLEX

BATTERY ENCLOSURE WITH
(16) GNB BATTERIES

PROPOSED AT&T EMERSON
OUTDOOR NETSURE 512 DC

POWER SYSTEM ENCLOSURE
(2) PROPOSED AT&T PURCELL
CABINETS STACKED WITH (5)
SURGE SUPPRESSORS, (2) 6651
BBUs AND (1) 6673 BBU

EXISTING

BUILDING

EXISTING

PARKING AREA

EXISTING CHAIN

LINK FENCE

PROPOSED AT&T

DISCONNECT SWITCH

MOUNTED TO NEW H-FRAME

PROPOSED AT&T CIENA

FIBER CABINET

MOUNTED TO NEW

H-FRAME

PROPOSED AT&T

ELECTRICAL

METER MOUNTED

TO NEW H-FRAME
PROPOSED AT&T 75'-0" HIGH

MONO EUCALYPTUS (ANTENNA

NOT SHOWN FOR CLARITY)
PROPOSED AT&T 6' CHAIN
LINK FENCE WITH 3

STRANDS BARBED WIRES

PROPOSED AT&T EUCALYPTUS

FOLIAGE RADIOUS
12 D-1
1 D-2
11 D-1
R7'-6"

EXISTING DOOR TO

BE LOCKED IN
2'-7"
3'-0"
3"
2'-8"
4"
10'-3"
1'-0" 2'-10"
5'-8"
6'-0"

PROPOSED AT&T

UNDERGROUND FIBER
ROUTE IN A NEW 2" PVC
CONDUIT (~20')

PROPOSED AT&T

UNDERGROUND POWER
ROUTE IN A NEW 2" PVC
CONDUIT FROM METER (~10')

EXISTING

UTILITY BOX

EXISTING

UNDERGROUND

UTILITY LINE

EXISTING

UNDERGROUND

UTILITY LINES

PROPOSED AT&T
19'-5" X 19'-5"

CONCRETE PAD

PROPOSED AT&T

GENERATOR CAM-LOCK BOX

MOUNTED TO NEW H-FRAME
3 D-2
3 D-2
3 D-2
3 D-2

PROPOSED PG&E

TRANSFORMERPROPOSED REMOVABLE
BOLLARDS 36" FROM

FRONT OF TRANSFORMER
1 A-5
2 A-5

8.b
Packet Pg. 156
Attachment: Project Plans (2633 S. Bascom Ave Appeal)
SPECTRUM SERVICES, LLC.
4850 WEST OQUENDO ROAD
LAS VEGAS, NEVADA 89118
PHONE: (702) 367-7705
FAX: (702) 367-8733
5001 EXECUTIVE PARKWAY
SAN RAMON, CALIFORNIA 94583
at&t

PREPARED FOR
VENDOR:

DRAWN BY:

CHECKED BY:

AT&T SITE NO:

PROJECT NO:

APPROVED BY:

J.CAPULE
CCL06058
_____________
C. WENER
R. MARTINEZ
SHEET TITLE:

SHEET NUMBER
CCL06058

BASCOM & UNION
2633 S BASCOM AVENUE
CAMPBELL, CALIFORNIA 95008
PROJECT INFORMATION:

DESCRIPTION BYDATEREV.

ISSUE STATUS
12/08/22 90% ZONING J.C.

IT IS A VIOLATION OF LAW FOR ANY PERSON,

UNLESS THEY ARE ACTING UNDER THE

DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.

LICENSURE:
0 04/22/24 100% ZONING J.R.1

ANTENNA PLAN AND

EQUIPMENT SCHEDULE

PROPOSED EQUIPMENT SCHEDULE
24" X 36" SCALE
1" = 2'-6"
11" X 17" SCALE
1" = 5' 1
( IN FEET )


02.5 2.5 5 10 1.25

PROPOSED ANTENNA LAYOUT
20° AZ.

SECTOR A
140° AZ.

SECTOR C

(3) PROPOSED AT&T PANEL ANTENNAS
(QUINTEL - QD868-3D) MOUNTED TO NEW
MOUNTING ASSEMBLIES AT A 65'-0"
CENTERLINE ((1) PER SECTOR)
1 D-1
5 D-1

ANTENNA AND EQUIPMENT SCHEDULE

POSITION ANTENNA
AZIMUTH ANTENNA MAKE ANTENNA MODEL RRHs ANTENNA

CENTERLINE
CABLE
LENGTH
ALPHA
A1
20°
QUINTEL QD868-3D (1) RADIO 4449 B5/B12 65'-0"
90'
A2
ERICSSON AIR 6419 B77G (TOP) - 67'-0"
ERICSSON AIR 6449 B77D (BOTTOM) - 63'-0"
A3 QUINTEL QD8612-2 (1) RADIO 4478 B14
(1) RADIO 8843 B2/B66A 65'-0"
A4 QUINTEL QD868-2 (1) RADIO 2012 B29 65'-0"
BETA
B1
260°
QUINTEL QD868-3D (1) RADIO 4449 B5/B12 65'-0"
90'
B2
ERICSSON AIR 6419 B77G (TOP) - 67'-0"
ERICSSON AIR 6449 B77D (BOTTOM) - 63'-0"
B3 QUINTEL QD8612-2 (1) RADIO 4478 B14
(1) RADIO 8843 B2/B66A 65'-0"
B4 QUINTEL QD868-2 (1) RADIO 2012 B29 65'-0"
GAMMA
C1
140°
QUINTEL QD868-3D (1) RADIO 4449 B5/B12 65'-0"
90'
C2
ERICSSON AIR 6419 B77G (TOP) - 67'-0"
ERICSSON AIR 6449 B77D (BOTTOM) - 63'-0"
C3 QUINTEL QD8612-2 (1) RADIO 4478 B14
(1) RADIO 8843 B2/B66A 65'-0"
C4 QUINTEL QD868-2 (1) RADIO 2012 B29 65'-0"
RFDS ID 5474586
RFDS DATE 10/11/2022
RFDS VERSION 1.00
NOTE:

1. ANTENNA POSITION ARE LEFT TO RIGHT

FROM FRONT OF ANTENNA

2. MAINTAIN 3 FEET MINIMUM BACK TO BACK

INTER SECTOR HORIZONTAL SEPARATION
BETWEEN ANTENNA 1 AND ANTENNA 4
260° AZ.SECTOR B
(3) PROPOSED AT&T REMOTE
RADIO HEADS (RRHS) (RADIO 4478
B14) MOUNTED BEHIND ANTENNAS
((1) PER SECTOR)
8 D-1
(3) PROPOSED AT&T DC9 (DOME)

SURGE SUPPRESSOR
(RAYCAP - DC9-48-60-24-8C-EV)
((1) PER SECTOR)
9 D-1
(1) PROPOSED AT&T PANEL ANTENNAS
(ERICSSON - AIR 6449 B77D (BOTTOM)
AT 63'-0" CENTERLINE AND (1)
(ERICSSON - AIR 6419 B77G (TOP)) AT A
67'-0" CENTERLINE MOUNTED TO NEW

MOUNTING ASSEMBLIES
((1) OF EACH PER SECTOR)
4 D-1
A1
C1
B1
2 A2
A3
A4
C2
C3
C4
B2
B3
B4
(3) PROPOSED AT&T PANEL ANTENNAS
(QUINTEL - QD8612-2) MOUNTED TO NEW
MOUNTING ASSEMBLIES AT A 65'-0"
CENTERLINE ((1) PER SECTOR)
2 D-1
(3) PROPOSED AT&T PANEL ANTENNAS
(QUINTEL - QD868-2) MOUNTED TO NEW
MOUNTING ASSEMBLIES AT A 65'-0"
CENTERLINE ((1) PER SECTOR)
3 D-1
(3) PROPOSED AT&T REMOTE RADIO
HEADS (RRHS) (RADIO 4449 B5/B12)

MOUNTED BEHIND ANTENNAS
((1)PER SECTOR)
6 D-1
(3) PROPOSED AT&T REMOTE
RADIO HEADS (RRHS) (RADIO 2012
B29) MOUNTED BEHIND ANTENNAS
((1) PER SECTOR)
2 D-2
(3) PROPOSED AT&T REMOTE RADIO
HEADS (RRHS) (RADIO 8843 B2/B66A)
MOUNTED BEHIND ANTENNAS ((1)

PER SECTOR)
7 D-1
NOTES:

ALL PROPOSED ANTENNAS AND ANTENNA

EQUIPMENT TO BE PAINTED OR

CAMOUFLAGE TO MATCH PROPOSED

EUCALYPTUS TREE
4'-0"TYP.
4'-0"TYP.
4'-0"TYP.
2'-5"TYP.
2'-6"TYP.
2'-7"TYP.
3'-1"
3'-0"
4'-0"

8.b
Packet Pg. 157
Attachment: Project Plans (2633 S. Bascom Ave Appeal)
SPECTRUM SERVICES, LLC.
4850 WEST OQUENDO ROAD
LAS VEGAS, NEVADA 89118
PHONE: (702) 367-7705
FAX: (702) 367-8733
5001 EXECUTIVE PARKWAY
SAN RAMON, CALIFORNIA 94583
at&t

PREPARED FOR
VENDOR:

DRAWN BY:

CHECKED BY:

AT&T SITE NO:

PROJECT NO:

APPROVED BY:

J.CAPULE
CCL06058
_____________
C. WENER
R. MARTINEZ
SHEET TITLE:

SHEET NUMBER
CCL06058

BASCOM & UNION
2633 S BASCOM AVENUE
CAMPBELL, CALIFORNIA 95008
PROJECT INFORMATION:

DESCRIPTION BYDATEREV.

ISSUE STATUS
12/08/22 90% ZONING J.C.

IT IS A VIOLATION OF LAW FOR ANY PERSON,

UNLESS THEY ARE ACTING UNDER THE

DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.

LICENSURE:
0 04/22/24 100% ZONING J.R.1

SOUTHEAST AND

SOUTHWEST

ELEVATIONS
24" X 36" SCALE
1" = 5'
11" X 17" SCALE
1" = 10' 1SOUTHEAST ELEVATION
24" X 36" SCALE
1" = 5'
11" X 17" SCALE
1" = 10' 2SOUTHWEST ELEVATION

TOP PROPOSED AT&T
EUCALYPTUS AT 75'-0"
(9) PROPOSED AT&T PANEL ANTENNAS
AT 65'-0" CENTERLINE
(3) PROPOSED AT&T PANEL ANTENNAS
AT 67'-0" CENTERLINE
(3) PROPOSED AT&T PANEL ANTENNAS
AT 63'-0" CENTERLINE

EXISTING

BUILDING EXISTING BUILDING

EXISTING CHAIN LINK FENCE
(2) PROPOSED AT&T PURCELL
CABINETS STACKED WITH (5)
SURGE SUPPRESSORS, (3) 6651
BBUs AND (1) 6673 BBU

EXISTING BOLLARDS

EXISTING ROLLING

CHAIN LINK GATE

PROPOSED AT&T

DISCONNECT SWITCH

MOUNTED TO NEW H-FRAME

PROPOSED AT&T CIENA

FIBER CABINET MOUNTED TO

NEW H-FRAME

PROPOSED AT&T

ELECTRICAL METER

MOUNTED TO NEW H-FRAME

PROPOSED AT&T
19'-5" X 19'-5"

CONCRETE PAD
(2) PROPOSED AT&T 4' WIDE

CHAIN LINK GATES

PROPOSED AT&T

ELECTRICAL METER

MOUNTED TO NEW H-FRAME
PROPOSED AT&T 6' CHAIN LINK
FENCE WITH3 STRANDS BRAND
WIRES

EXISTING BOLLARDS

TOP PROPOSED AT&T
EUCALYPTUS AT 75'-0"
(9) PROPOSED AT&T PANEL ANTENNAS
AT 65'-0" CENTERLINE
(3) PROPOSED AT&T PANEL ANTENNAS
AT 67'-0" CENTERLINE
(3) PROPOSED AT&T PANEL ANTENNAS
AT 63'-0" CENTERLINE
(3) PROPOSED AT&T DC9 (DOME)

SURGE SUPPRESSOR
(RAYCAP - DC9-48-60-24-8C-EV) ((1)

PER SECTOR)
(3) PROPOSED AT&T PANEL ANTENNAS
AT 63'-0" CENTERLINE MOUNTED TO

NEW MOUNTING ASSEMBLIES
((1) PER SECTOR)
(9) PROPOSED AT&T PANEL ANTENNAS

MOUNTED TO NEW MOUNTING
ASSEMBLIES AT A 65'-0" CENTERLINE ((3)

PER SECTOR)
(9) PROPOSED AT&T REMOTE RADIO
HEADS (RRHS) (RADIO 2012 B29)

MOUNTED BEHIND ANTENNAS
((3) PER SECTOR)
(3) PROPOSED AT&T PANEL ANTENNAS
AT A 67'-0" CENTERLINE MOUNTED TO

NEW MOUNTING ASSEMBLIES
((1) PER SECTOR)
(3) PROPOSED AT&T DC9 (DOME)

SURGE SUPPRESSOR
(RAYCAP - DC9-48-60-24-8C-EV)
((1) PER SECTOR)
(3) PROPOSED AT&T PANEL ANTENNAS
AT 63'-0" CENTERLINE MOUNTED TO

NEW MOUNTING ASSEMBLIES
((1) PER SECTOR)
(9) PROPOSED AT&T PANEL ANTENNAS

MOUNTED TO NEW MOUNTING
ASSEMBLIES AT A 65'-0" CENTERLINE
((3) PER SECTOR)
(9) PROPOSED AT&T REMOTE
RADIO HEADS (RRHS) (RADIO 2012
B29) MOUNTED BEHIND ANTENNAS
((3) PER SECTOR)
(3) PROPOSED AT&T PANEL ANTENNAS
AT A 67'-0" CENTERLINE MOUNTED TO

NEW MOUNTING ASSEMBLIES
((1) PER SECTOR)
(2) PROPOSED AT&T PURCELL
CABINETS STACKED WITH (5)
SURGE SUPPRESSORS, (3) 6651
BBUs AND (1) 6673 BBU
(3) PROPOSED AT&T REMOTE RADIO
HEADS (RRHS) (RADIO 8843 B2/B66A)
MOUNTED BEHIND ANTENNAS ((1)

PER SECTOR)
(3) PROPOSED AT&T REMOTE RADIO
HEADS (RRHS) (RADIO 8843 B2/B66A)
MOUNTED BEHIND ANTENNAS ((1)

PER SECTOR)
NOTES:

1. ALL PROPOSED ANTENNAS AND ANTENNA

EQUIPMENT TO BE PAINTED OR

CAMOUFLAGE TO MATCH PROPOSED

EUCALYPTUS TREE

2. BRANCH DENSITY TO HAVE A MINIMUM OF
(3) BRANCHES PER FOOT.

FUTURE CARRIER PANEL ANTENNAS
AT 53'-0" CENTERLINE

FUTURE CARRIER PANEL ANTENNAS
AT 41'-0" CENTERLINE

FUTURE CARRIER PANEL ANTENNAS
AT 53'-0" CENTERLINE

FUTURE CARRIER PANEL ANTENNAS
AT 41'-0" CENTERLINE

START OF MONOEUCALYPTUS
BRANCHES AT 15'-0"
2'-0" MIN.

PROPOSED AT&T EMERSON

OUTDOOR NETEXTEND FLEX

BATTERY ENCLOSURE WITH
(16) GNB BATTERIES

PROPOSED AT&T EMERSON
OUTDOOR NETSURE 512 DC

POWER SYSTEM ENCLOSURE

START OF MONOEUCALYPTUS
BRANCHES AT 15'-0"
2'-0" MIN.

NOTES:

1. ALL PROPOSED ANTENNAS AND ANTENNA

EQUIPMENT TO BE PAINTED OR

CAMOUFLAGE TO MATCH PROPOSED

EUCALYPTUS TREE

2. BRANCH DENSITY TO HAVE A MINIMUM OF
(3) BRANCHES PER FOOT.

8.b
Packet Pg. 158
Attachment: Project Plans (2633 S. Bascom Ave Appeal)
SPECTRUM SERVICES, LLC.
4850 WEST OQUENDO ROAD
LAS VEGAS, NEVADA 89118
PHONE: (702) 367-7705
FAX: (702) 367-8733
5001 EXECUTIVE PARKWAY
SAN RAMON, CALIFORNIA 94583
at&t

PREPARED FOR
VENDOR:

DRAWN BY:

CHECKED BY:

AT&T SITE NO:

PROJECT NO:

APPROVED BY:

J.CAPULE
CCL06058
_____________
C. WENER
R. MARTINEZ
SHEET TITLE:

SHEET NUMBER
CCL06058

BASCOM & UNION
2633 S BASCOM AVENUE
CAMPBELL, CALIFORNIA 95008
PROJECT INFORMATION:

DESCRIPTION BYDATEREV.

ISSUE STATUS
12/08/22 90% ZONING J.C.

IT IS A VIOLATION OF LAW FOR ANY PERSON,

UNLESS THEY ARE ACTING UNDER THE

DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.

LICENSURE:
0 04/22/24 100% ZONING J.R.1

NORTHWEST AND

NORTHEAST

ELEVATIONS
24" X 36" SCALE
1" = 5'
11" X 17" SCALE
1" = 10' 1NORTHWEST ELEVATION
24" X 36" SCALE
1" = 5'
11" X 17" SCALE
1" = 10' 2NORTHEAST ELEVATION

EXISTING BUILDING

EXISTING CHAIN LINK FENCE

EXISTING ROLLING

CHAIN LINK GATE

PROPOSED AT&T
19'-5" X 19'-5"

CONCRETE PAD

TOP PROPOSED AT&T
EUCALYPTUS AT 75'-0"
(9) PROPOSED AT&T PANEL ANTENNAS
AT 65'-0" CENTERLINE
(3) PROPOSED AT&T PANEL ANTENNAS
AT 67'-0" CENTERLINE
(3) PROPOSED AT&T PANEL ANTENNAS
AT 63'-0" CENTERLINE
(3) PROPOSED AT&T DC9 (DOME)

SURGE SUPPRESSOR
(RAYCAP - DC9-48-60-24-8C-EV)
((1) PER SECTOR)
(3) PROPOSED AT&T PANEL ANTENNAS
AT 63'-0" CENTERLINE MOUNTED TO

NEW MOUNTING ASSEMBLIES
((1) PER SECTOR)
(9) PROPOSED AT&T PANEL ANTENNAS

MOUNTED TO NEW MOUNTING
ASSEMBLIES AT A 65'-0" CENTERLINE
((3) PER SECTOR)
(9) PROPOSED AT&T REMOTE
RADIO HEADS (RRHS) (RADIO 2012
B29) MOUNTED BEHIND ANTENNAS
((3) PER SECTOR)
(3) PROPOSED AT&T PANEL ANTENNAS
AT A 67'-0" CENTERLINE MOUNTED TO

NEW MOUNTING ASSEMBLIES
((1) PER SECTOR)
(3) PROPOSED AT&T REMOTE RADIO
HEADS (RRHS) (RADIO 8843 B2/B66A)
MOUNTED BEHIND ANTENNAS ((1)

PER SECTOR)
NOTES:

1. ALL PROPOSED ANTENNAS AND ANTENNA

EQUIPMENT TO BE PAINTED OR

CAMOUFLAGE TO MATCH PROPOSED

EUCALYPTUS TREE

2. BRANCH DENSITY TO HAVE A MINIMUM OF
(3) BRANCHES PER FOOT.

FUTURE CARRIER PANEL ANTENNAS
AT 53'-0" CENTERLINE

FUTURE CARRIER PANEL ANTENNAS
AT 41'-0" CENTERLINE

START OF MONOEUCALYPTUS
BRANCHES AT 15'-0"
2'-0" MIN.

NOTES:

1. ALL PROPOSED ANTENNAS AND ANTENNA

EQUIPMENT TO BE PAINTED OR

CAMOUFLAGE TO MATCH PROPOSED

EUCALYPTUS TREE

2. BRANCH DENSITY TO HAVE A MINIMUM OF
(3) BRANCHES PER FOOT.

FUTURE CARRIER PANEL ANTENNAS
AT 53'-0" CENTERLINE

FUTURE CARRIER PANEL ANTENNAS
AT 41'-0" CENTERLINE

TOP PROPOSED AT&T
EUCALYPTUS AT 75'-0"
(9) PROPOSED AT&T PANEL ANTENNAS
AT 65'-0" CENTERLINE
(3) PROPOSED AT&T PANEL ANTENNAS
AT 67'-0" CENTERLINE
(3) PROPOSED AT&T PANEL ANTENNAS
AT 63'-0" CENTERLINE

EXISTING

BUILDING
(2) PROPOSED AT&T 4' WIDE

CHAIN LINK GATES

PROPOSED AT&T

ELECTRICAL METER

MOUNTED TO NEW H-FRAME
PROPOSED AT&T 6' CHAIN LINK
FENCE WITH 3 STRANDS BRAND
WIRES

EXISTING BOLLARDS
(2) PROPOSED AT&T PURCELL
CABINETS STACKED WITH (5)
SURGE SUPPRESSORS, (3) 6651
BBUs AND (1) 6673 BBU

START OF MONOEUCALYPTUS
BRANCHES AT 15'-0"
2'-0" MIN.

PROPOSED AT&T EMERSON

OUTDOOR NETEXTEND FLEX

BATTERY ENCLOSURE WITH
(16) GNB BATTERIES

PROPOSED AT&T EMERSON
OUTDOOR NETSURE 512 DC

POWER SYSTEM ENCLOSURE
(3) PROPOSED AT&T DC9 (DOME)

SURGE SUPPRESSOR
(RAYCAP - DC9-48-60-24-8C-EV)
((1) PER SECTOR)(3) PROPOSED AT&T PANEL ANTENNAS
AT 63'-0" CENTERLINE MOUNTED TO

NEW MOUNTING ASSEMBLIES
((1) PER SECTOR)
(9) PROPOSED AT&T PANEL ANTENNAS

MOUNTED TO NEW MOUNTING
ASSEMBLIES AT A 65'-0" CENTERLINE
((3) PER SECTOR)
(9) PROPOSED AT&T REMOTE
RADIO HEADS (RRHS) (RADIO 2012
B29) MOUNTED BEHIND ANTENNAS
((3) PER SECTOR)
(3) PROPOSED AT&T PANEL ANTENNAS
AT A 67'-0" CENTERLINE MOUNTED TO

NEW MOUNTING ASSEMBLIES
((1) PER SECTOR)
(3) PROPOSED AT&T REMOTE RADIO
HEADS (RRHS) (RADIO 8843 B2/B66A)
MOUNTED BEHIND ANTENNAS ((1)

PER SECTOR)

PROPOSED AT&T EMERSON
OUTDOOR NETSURE 512 DC

POWER SYSTEM ENCLOSURE

PROPOSED AT&T
19'-5" X 19'-5"

CONCRETE PAD

EXISTING BOLLARDS

8.b
Packet Pg. 159
Attachment: Project Plans (2633 S. Bascom Ave Appeal)
SPECTRUM SERVICES, LLC.
4850 WEST OQUENDO ROAD
LAS VEGAS, NEVADA 89118
PHONE: (702) 367-7705
FAX: (702) 367-8733
5001 EXECUTIVE PARKWAY
SAN RAMON, CALIFORNIA 94583
at&t

PREPARED FOR
VENDOR:

DRAWN BY:

CHECKED BY:

AT&T SITE NO:

PROJECT NO:

APPROVED BY:

J.CAPULE
CCL06058
_____________
C. WENER
R. MARTINEZ
SHEET TITLE:

SHEET NUMBER
CCL06058

BASCOM & UNION
2633 S BASCOM AVENUE
CAMPBELL, CALIFORNIA 95008
PROJECT INFORMATION:

DESCRIPTION BYDATEREV.

ISSUE STATUS
12/08/22 90% ZONING J.C.

IT IS A VIOLATION OF LAW FOR ANY PERSON,

UNLESS THEY ARE ACTING UNDER THE

DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.

LICENSURE:
0 04/22/24 100% ZONING J.R.1

TOWER LAYOUT
24" X 36" SCALE
1" = 5'
11" X 17" SCALE
1" = 10' 1TOWER LAYOUT
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
6'
2Y
6'
6'
2Y
8'
6'
6'
6'
6'
6'
6'
(24) 4' BRANCHES
(113) 6' BRANCHES
(15) 8' BRANCHES
(18) 10' BRANCHES
(9) 2Y BRANCHES
(15) 4Y BRANCHES

PROPOSED BRANCH SEE SPECIFICATION &
ATTACHMENT DETAIL PAGE REF-1 & REF-3
(NO LESS THAN 3 BRANCHES PER FOOT)

ENTIRE VERTICAL STRUCTURE SHALL BE

COVERED WITH PERMANENTLY-AFFIXED

THREE-DIMENSIONAL FAUX BARK

CLADDING TO MIMIC EUCALYPTUS BARK
SEE PAGE REF-1

TOP PROPOSED AT&T
EUCALYPTUS AT 75'-0"
(9) PROPOSED AT&T PANEL ANTENNAS
AT 65'-0" CENTERLINE
(3) PROPOSED AT&T PANEL ANTENNAS
AT 67'-0" CENTERLINE
(3) PROPOSED AT&T PANEL ANTENNAS
AT 63'-0" CENTERLINE

FUTURE CARRIER PANEL ANTENNAS
AT 53'-0" CENTERLINE

FUTURE CARRIER PANEL ANTENNAS
AT 41'-0" CENTERLINE

START OF MONOEUCALYPTUS
BRANCHES AT 15'-0"

PROPOSED FAUX
LEAVES SEE PAGE REF-1

TOWER MOUNTED EQUIPMENT

WILL BE PAINTED FLAT NATURAL

COLOR TO MIMIC EUCALYPTUS
BARK SEE PAGE REF-1
NOTES:

1. ALL PROPOSED ANTENNAS AND ANTENNA

EQUIPMENT TO BE PAINTED OR

CAMOUFLAGE TO MATCH PROPOSED

EUCALYPTUS TREE

2. BRANCH DENSITY TO HAVE A MINIMUM OF
(3) BRANCHES PER FOOT.

8.b
Packet Pg. 160
Attachment: Project Plans (2633 S. Bascom Ave Appeal)
MANUFACTURER: PURCELL CABINET
MODEL: FLEX SURE #FLX21-2520
SIZE (H x W x D): 39.7" x 25.3" x 30"
WEIGHT: 700 LBS

TOP VIEW

SIDE VIEWFRONT VIEW

30.0"

39.7"

25.3"
MANUFACTURER: EMERSON
MODEL: NETEXTEND FLEX BATTERY

ENCLOSURE
SIZE (H x W x D): 74.1" x 36" x 36.8"
WEIGHT: 2,944 LBS

TOP VIEW

RIGHT SIDE VIEWFRONT VIEW

36.0"

72.1"

74.1"

36.0"

31.9" 4.0"0.9"

PURCELL CABINET

BATTERY CABINET
MANUFACTURER: ERICSSON
MODEL: RRHs-8843 B2/B66
SIZE (H x W x D): 14.96" x 13.19" x 10.91"
WEIGHT: 75 LBS

TOP VIEW

FRONT VIEWSIDE VIEW

13.19"

14.96"
MANUFACTURER: ERICSSON
MODEL: RRHs-4449 B5/B12
SIZE (H x W x D): 17.9" x 13.19" x 9.44"
WEIGHT: 71 LBS

TOP VIEW

FRONT VIEWSIDE VIEW

13.19"

17.9"

14.96"

9.44"

REMOTE RADIO HEAD (RRH)

TOP VIEW

FRONT VIEWSIDE VIEW
MANUFACTURER: ERICSSON
MODEL: RRHs-4478 B14
SIZE (H x W x D): 18.10" x 13.40" x 8.26"
WEIGHT: 59.4 LBS

13.40"

18.10"

8.26"

PANEL ANTENNA
MANUFACTURER: ERICSSON
MODEL: AIR6449 B77D
SIZE (H x W x D): 30.6" x 15.9" x 10.6"
WEIGHT: 88 LBS

TOP VIEW

FRONT VIEWSIDE VIEW

15.9"

28.1"

4.6" 10.6"

30.6"
ERICSSON AIR 6449
B77D/C-BAND SECTOR

ANTENNA

ERICSSON ANTENNA MOUNT
MODEL# SXK 109 2065/1
SPECTRUM SERVICES, LLC.
4850 WEST OQUENDO ROAD
LAS VEGAS, NEVADA 89118
PHONE: (702) 367-7705
FAX: (702) 367-8733
5001 EXECUTIVE PARKWAY
SAN RAMON, CALIFORNIA 94583
at&t

PREPARED FOR
VENDOR:

DRAWN BY:

CHECKED BY:

AT&T SITE NO:

PROJECT NO:

APPROVED BY:

J.CAPULE
CCL06058
_____________
C. WENER
R. MARTINEZ
SHEET TITLE:

SHEET NUMBER
CCL06058

BASCOM & UNION
2633 S BASCOM AVENUE
CAMPBELL, CALIFORNIA 95008
PROJECT INFORMATION:

DESCRIPTION BYDATEREV.

ISSUE STATUS
12/08/22 90% ZONING J.C.

IT IS A VIOLATION OF LAW FOR ANY PERSON,

UNLESS THEY ARE ACTING UNDER THE

DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.

LICENSURE:
0 04/22/24 100% ZONING J.R.1

EQUIPMENT

DETAILS
NONE
SCALE:
1PANEL ANTENNA
NONE
SCALE:
3NONE
SCALE:
6NONE
SCALE:
9 NONE
SCALE:
7NONE
SCALE:
10 NONE
SCALE:
5 NONE
SCALE:
4 NONE
SCALE:
12 PANEL ANTENNA NONE
SCALE:
2NONE
SCALE:
8NONE
SCALE:
11 SIDE VIEW FRONT VIEWTOP VIEW

96.0"

18.1"

9.6"
MANUFACTURER: QUINTEL
MODEL: QD868-3D
SIZE (H x W x D): 96.0" x 18.1" x 9.6"
WEIGHT: 120 LBS

SIDE VIEW FRONT VIEWTOP VIEW

96.0"

22.0"

9.6"

SPECIFICATIONS
MFG: QUINTEL
MODEL: QD8612-2
DIMENSIONS H96.0" x W22.0" x D9.6"
WEIGHT: 109 LBS

PANEL ANTENNA

PANEL ANTENNAREMOTE RADIO HEAD (RRH)

REMOTE RADIO HEAD (RRH)
PROPOSED AT&T DC9 (DOME)

SURGE SUPPRESSOR

EXISTING LATTICE

TOWER LEG
(2) PROPOSED PIPE

MOUNTING BANDS

SURGE SUPPRESSOR ATTACHMENT
10 -

SURGE SUPPRESSION (SQUID)

31.4"

10.24"Ø
1'-1.5"
1'-6.25"

SPECIFICATIONS
MFG: RAYCAP
MODEL: DC9-48-60-24-8C-EV

SURGE PROTECTION SOLUTIONS
DIMENSIONS L18.28" X W10.24" X H31.4
WEIGHT: 26.2 LBS
MANUFACTURER: ERICSSON
MODEL: AIR6419 B77G
SIZE (H x W x D): 31.1" x 16.1" x 7.3"
WEIGHT: 55.4 LBS

TOP VIEW

FRONT VIEWSIDE VIEW

16.1"
~31.1"

4.6" 7.3"

7.3"
ERICSSON AIR 6419
B77G/C-BAND SECTOR

ANTENNA

ERICSSON ANTENNA
MOUNT MODEL# SXK
109 2065/1

PANEL ANTENNA

SIDE VIEW FRONT VIEWTOP VIEW

96.0"

18.1"

9.6"
MANUFACTURER: QUINTEL
MODEL: QD868-2
SIZE (H x W x D): 96.0" x 18.1" x 9.6"
WEIGHT: 93 LBS

8.b
Packet Pg. 161
Attachment: Project Plans (2633 S. Bascom Ave Appeal)
MANUFACTURER: EMERSON
MODEL: NETSURE 512 DC POWER
SYSTEM
SIZE (H x W x D): 72.1" x 31.8" x 39"
WEIGHT: 2,348 LBS

TOP VIEW

RIGHT SIDE VIEWFRONT VIEW

31.8"

72.1"

39.0" 3.0"
SPECTRUM SERVICES, LLC.
4850 WEST OQUENDO ROAD
LAS VEGAS, NEVADA 89118
PHONE: (702) 367-7705
FAX: (702) 367-8733
5001 EXECUTIVE PARKWAY
SAN RAMON, CALIFORNIA 94583
at&t

PREPARED FOR
VENDOR:

DRAWN BY:

CHECKED BY:

AT&T SITE NO:

PROJECT NO:

APPROVED BY:

J.CAPULE
CCL06058
_____________
C. WENER
R. MARTINEZ
SHEET TITLE:

SHEET NUMBER
CCL06058

BASCOM & UNION
2633 S BASCOM AVENUE
CAMPBELL, CALIFORNIA 95008
PROJECT INFORMATION:

DESCRIPTION BYDATEREV.

ISSUE STATUS
12/08/22 90% ZONING J.C.

IT IS A VIOLATION OF LAW FOR ANY PERSON,

UNLESS THEY ARE ACTING UNDER THE

DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.

LICENSURE:
0 04/22/24 100% ZONING J.R.1

EQUIPMENT

DETAILS
NONE
SCALE:
1 H-FRAME EQUIPMENT ELEVATION NONE
SCALE:
3NONE
SCALE:
8 NONE
SCALE:
9 NONE
SCALE:
5 NONE
SCALE:
4 NONE
SCALE:
11 REMOTE RADIO HEAD (RRH)NOT USED NONE
SCALE:
2NONE
SCALE:
7NONE
SCALE:
10 NOT USED

NOT USED
NETSURE 512 DC POWER PLANT

NOT USED NOT USED

NOT USED

SPECIFICATIONS
MFG: ERICSSON
MODEL: RADIO 2012 B29
DIMENSIONS H16.5" x W13.4" x D4.9"
WEIGHT: 43.1 LBS

FRONT VIEW SIDE VIEW

TOP VIEW

16.5"

13.4"

4.9"

FINISHED GRADE
9'-0"
3'-4"
6'-0"
2'-4"

ELECTRICAL
METER

GENERATOR

CAM-LOCK
BOX
FIBER

CABINET

DISCONNECT
SWITCH

BREAKER
PANEL

FLEX CONDUIT TO

CABINET

NOT USEDNONE
SCALE:
6 8.b
Packet Pg. 162
Attachment: Project Plans (2633 S. Bascom Ave Appeal)

( IN FEET )

015 15 30 60 7.5
1" = 15'1" = 30'

EXISTING

BUILDING

EXISTING

BUILDING

S BASCOM AVENUE
APN: 41241042
ZONED: NEIGHBORHOOD
COMMERCIAL (C-1)
APN: 41241041
ZONED: NEIGHBORHOOD
COMMERCIAL (C-1)
APN: 41241040
ZONED: NEIGHBORHOOD
COMMERCIAL (C-1)

PROPOSED AT&T

POINT OF ACCESS

PROPOSED AT&T

NON-EXCLUSIVE SITE

ACCESS EASEMENT

EXISTING ELECTRICAL VAULT,
PROPOSED AT&T POWER P.O.C.
(TOTAL POWER ROUTE ~170')

EXISTING TELCO VAULT,
PROPOSED AT&T FIBER P.O.C.
(TOTAL FIBER ROUTE ~90')

PROPOSED AT&T

UNDERGROUND POWER
ROUTE IN A NEW 2" PVC
CONDUIT (~125')

PROPOSED AT&T UNDERGROUND
FIBER ROUTE IN A NEW 2" PVC
CONDUIT (~45')

PROPOSED AT&T JOINT

UNDERGROUND POWER
AND FIBER ROUTE (~45')

EXISTING

PARKING AREA

EXISTINGPARKING AREA

EXISTING

CONTAINER

EXISTING FIRE HYDRANT

EXISTING WATER LINE

EXISTING UNDERGROUND STREET

LIGHT POWER ROUTE

EXISTING TELCO VAULT

EXISTING ELECTRICAL
VAULT

EXISTING STREET

LIGHT VAULT

EXISTING

STREET LIGHT

EXISTING

ELECTRICAL
VAULT

EXISTING SEWER LINE

CLEANOUT
SPECTRUM SERVICES, LLC.
4850 WEST OQUENDO ROAD
LAS VEGAS, NEVADA 89118
PHONE: (702) 367-7705
FAX: (702) 367-8733
5001 EXECUTIVE PARKWAY
SAN RAMON, CALIFORNIA 94583
at&t

PREPARED FOR
VENDOR:

DRAWN BY:

CHECKED BY:

AT&T SITE NO:

PROJECT NO:

APPROVED BY:

J.CAPULE
CCL06058
_____________
C. WENER
R. MARTINEZ
SHEET TITLE:

SHEET NUMBER
CCL06058

BASCOM & UNION
2633 S BASCOM AVENUE
CAMPBELL, CALIFORNIA 95008
PROJECT INFORMATION:

DESCRIPTION BYDATEREV.

ISSUE STATUS
12/08/22 90% ZONING J.C.

IT IS A VIOLATION OF LAW FOR ANY PERSON,

UNLESS THEY ARE ACTING UNDER THE

DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.

LICENSURE:
0 04/22/24 100% ZONING J.R.1

PANEL SCHEDULE
24" X 36" SCALE11" X 17" SCALE
1 1. UTILITY POINTS OF SERVICE AND WORK/MATERIALS SHOWN ARE BASED

UPON PRELIMINARY INFORMATION PROVIDED BY THE UTILITY COMPANIES AND ARE FOR BID PURPOSES ONLY.

2. CONTRACTOR SHALL COORDINATE WITH UTILITY COMPANY FOR FINAL AND

EXACT WORK/MATERIALS REQUIREMENTS AND CONSTRUCT TO UTILITY COMPANY ENGINEERING PLANS AND SPECIFICATIONS ONLY. CONTRACTOR

SHALL FURNISH AND INSTALL ALL CONDUIT, PULL ROPES, CABLES, PULL

BOXES, CONCRETE ENCASEMENT OF CONDUIT (IF REQUIRED),

TRANSFORMER PAD, BARRIERS, POLE RISERS, TRENCHING, BACK FILL, PAY

ALL UTILITY COMPANY FEES AND INCLUDE ALL REQUIREMENTS IN SCOPE OF WORK.

THE ENGINEER OF RECORD HAS PERFORMED ALL REQUIRED SHORT CIRCUIT

CALCULATIONS AND THE AIC RATINGS INDICATED FOR EACH DEVICE IS ADEQUATE TO PROTECT THE EQUIPMENT AND THE ELECTRICAL SYSTEM.

THE ENGINEER OF RECORD HAS PERFORMED ALL REQUIRED VOLTAGE DROP

CALCULATIONS AND ALL BRANCH CIRCUITS AND FEEDERS COMPLY WITH NEC (LISTED ON T1) ARTICLE 210,19(A)(1) FPN NO. 4.

ELECTRICAL CERTIFICATES
NOTES:

1. ALL WORK TO CONFORM TO N.E.C. LATEST
STATE ADOPTED EDITION.

2. LABEL SERVICE DISCONNECT WITH RED
TAG

3. ALL GFCI RECEPTACLES TO HAVE A
DEDICATED GROUND WIRE.

4. EQUIPMENT TERMINATION LUGS AND

CONDUCTORS ARE RATED AT A MINIMUM OF
75°C.

5. CONDUIT REQUIREMENTS
-UNDERGROUND PVC (SCH 40 OR 80)
-INDOOR: EMT (RGS IN TRAFFIC AREAS)
-OUTDOOR (ABOVE GRADE): RGS

6. LIGHTING IS DESIGNED AND INSTALLED BY

SHELTER MANUFACTURER

ELECTRICAL NOTES

SINGLE LINE DIAGRAM

UTILITY ROUTINGNONE
SCALE:
2 NONE
SCALE:
3 NONE
SCALE:
4 PROPOSED 2" PVC CONDUIT WITH
(3) 3/0 AWG
(1) #6 GND.
(~2')

PROPOSED AT&T
200A AUTOMATIC TRANSFER SWITCH
WITH A 200A DISCONNECT
200A/2P

SUB FEED
200A/2P

BREAKER
AUTO
200A/2P

PROPOSED AT&T
200A CAM LOCK BOX
(1) PROPOSED
2" CONDUITS WITH
(3) 3/0 AWG
(1) #6 GND.
(~2')
(TYPE THHW)
EACH
#4 UFER GROUND
PER NEC 250.50
M
200A

PROPOSED METER/MAIN,
120/240V, 2"Ø,
200A, 42 KAIC, MOUNTED ON

EXISTING SWITCH GEAR CABINET

FROM POWER
SOURCE

PROPOSED AT&T
200A DISTRIBUTION PANEL
120/240V, 1Ø
(1) PROPOSED
2" CONDUIT WITH
(3) 3/0 AWG
(1) #6 GND.
(~2')
(TYPE THWN)

LOAD CENTER
120/240V, 1ɸ,
3W, 200A
PROPOSED (1) # 3 AWG
GND.
(~10')

UTILITY ROUTING, PANEL

SCHEDULE, SINGLE LINE

DIAGRAM & NOTES
PROPOSED 2" PVC CONDUIT
WITH (3) # 3/0 AWG
(1) #6 GND. (~180')
PROPOSED 2-1/2"
CONDUIT WITH (2) # 4/0
AWG, (1) #2 GND. (~20')

EXISTING

ELECTRICAL
VAULT (P.O.C.)

PROPOSED AT&T

DISCONNECT SWITCH

MOUNTED TO NEW H-FRAME

PROPOSED AT&T CIENA

FIBER CABINET

MOUNTED TO NEW

H-FRAME

PROPOSED AT&T

ELECTRICAL METER

MOUNTED TO NEW

H-FRAME

EXISTING

UTILITY BOX

EXISTING UNDERGROUND

UTILITY LINES

EXISTING UNDERGROUND

UTILITY LINE

PROPOSED AT&T UNDERGROUND
FIBER ROUTE IN A NEW 2" PVC
CONDUIT (~20')

PROPOSED AT&T UNDERGROUND
POWER ROUTE IN A NEW 2" PVC
CONDUIT FROM METER (~10')

ENLARGED VIEW
11" X 17" SCALE: 1" = 10'
24" X 36" SCALE: 1" = 5'
APN: 41241039
ZONED: NEIGHBORHOOD
COMMERCIAL (C-1)

8.b
Packet Pg. 163
Attachment: Project Plans (2633 S. Bascom Ave Appeal)
SPECTRUM SERVICES, LLC.
4850 WEST OQUENDO ROAD
LAS VEGAS, NEVADA 89118
PHONE: (702) 367-7705
FAX: (702) 367-8733
5001 EXECUTIVE PARKWAY
SAN RAMON, CALIFORNIA 94583
at&t

PREPARED FOR
VENDOR:

DRAWN BY:

CHECKED BY:

AT&T SITE NO:

PROJECT NO:

APPROVED BY:

J.CAPULE
CCL06058
_____________
C. WENER
R. MARTINEZ
SHEET TITLE:

SHEET NUMBER
CCL06058

BASCOM & UNION
2633 S BASCOM AVENUE
CAMPBELL, CALIFORNIA 95008
PROJECT INFORMATION:

DESCRIPTION BYDATEREV.

ISSUE STATUS
12/08/22 90% ZONING J.C.

IT IS A VIOLATION OF LAW FOR ANY PERSON,

UNLESS THEY ARE ACTING UNDER THE

DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.

LICENSURE:
0 04/22/24 100% ZONING J.R.1

MATERIALS DETAILS

8.b
Packet Pg. 164
Attachment: Project Plans (2633 S. Bascom Ave Appeal)

8.b
Packet Pg. 165
Attachment: Project Plans (2633 S. Bascom Ave Appeal)

8.b
Packet Pg. 166
Attachment: Project Plans (2633 S. Bascom Ave Appeal)
SPECTRUM SERVICES, LLC.
4850 WEST OQUENDO ROAD
LAS VEGAS, NEVADA 89118
PHONE: (702) 367-7705
FAX: (702) 367-8733
5001 EXECUTIVE PARKWAY
SAN RAMON, CALIFORNIA 94583
at&t

PREPARED FOR
VENDOR:

DRAWN BY:

CHECKED BY:

AT&T SITE NO:

PROJECT NO:

APPROVED BY:

J.CAPULE
CCL06058
_____________
C. WENER
R. MARTINEZ
SHEET TITLE:

SHEET NUMBER
CCL06058

BASCOM & UNION
2633 S BASCOM AVENUE
CAMPBELL, CALIFORNIA 95008
PROJECT INFORMATION:

DESCRIPTION BYDATEREV.

ISSUE STATUS
12/08/22 90% ZONING J.C.

IT IS A VIOLATION OF LAW FOR ANY PERSON,

UNLESS THEY ARE ACTING UNDER THE

DIRECTION OF A LICENSED PROFESSIONAL
ENGINEER, TO ALTER THIS DOCUMENT.

LICENSURE:
0 04/22/24 100% ZONING J.R.1

SITE PHOTOS

8.b
Packet Pg. 167
Attachment: Project Plans (2633 S. Bascom Ave Appeal)

8.b
Packet Pg. 168
Attachment: Project Plans (2633 S. Bascom Ave Appeal)

8.b
Packet Pg. 169
Attachment: Project Plans (2633 S. Bascom Ave Appeal)

8.b
Packet Pg. 170
Attachment: Project Plans (2633 S. Bascom Ave Appeal)

8.b
Packet Pg. 171
Attachment: Project Plans (2633 S. Bascom Ave Appeal)

8.b
Packet Pg. 172
Attachment: Project Plans (2633 S. Bascom Ave Appeal)

PLANNING COMMISSION

REGULAR MEETING MINUTES
Tuesday, June 25, 2024 I 7:30pm
City Hall Council Chamber

CALL TO ORDER

The Regular Planning Commission meeting of June 25, 2024, was called to orde r at 7:30 pm by Chair Zisser, and the following proceedings were had to wit.

ROLL CALL

Staff Present:

Rob Eastwood, Director
Bill Seligmann, City Attorney
Daniel Fama, Senior Planner
Larissa Lomen, Assistant Planner
Ken Ramirez, Administrative Analyst

APPROVAL OF MINUTES

1. Approval of Minutes of May 28, 2024 (Roll Call Vote) a. Meeting Minutes, 5/28/2024 (Regular Meeting)
Commissioner Ostrowski abstained. Commissioner Buchbinder and Majewski absent.

COMMUNICATIONS
Desk Items submitted with multiple emails from the surrounding community of Item 4.

AGENDA MODIFICATIONS OR POSTPONEMENTS
Planning Commissioners Present:

Alan Zisser, Chair
Matt Kamkar, Vice Chair
Maggie Ostrowski
Michael Krey
Davis Fields

Planning Commissioners Absent:

Adam Buchbinder
Cori Majewski

8.c
Packet Pg. 173
Attachment: Draft Meeting Minutes (2633 S. Bascom Ave Appeal) Campbell Planning Commission Meeting Minutes – June 25, 2024 Page 2 of 8

ORAL COMMUNICATIONS
This portion of the meeting is reserved for individuals wishing to address the Planning Commission on matters of community concern that are not listed on the agenda. In the interest of time, the Chair may limit speakers to five minutes. Please be aware that State law prohibits the Commission from acting on non-agendized items, however, the Chair may refer matters to staff for follow-up.

PUBLIC HEARING
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 Planning Commission’s consent at the meeting.

Commissioner Ostrowski will recuse herself from Item 2. Commissioner Kamkar checked with City Attorney and will not be recusing himself on Item 4. Chair Zisser visited project sites.

2. 2633 S. Bascom Ave – Conditional Use Permit with Site and Architectural Review (Resolution/Roll Call Vote)
Public Hearing to consider the request of Lentz Consulting on behalf of McQueen Limited Partnership to allow the construction of a 75 -foot wireless facility tower designed to resemble a eucalyptus tree on property located at 2633 S. Bascom Avenue . The project involves seeking a specific exception to existing zoning regulations, as the proposed tower exceeds the property’s standard allowable height limit (45 feet). The application(s) under consideration includes a Conditional Use Permit with Site and Architectural Review . File No.: PLN-2023-1. Staff is recommending that this item be deemed Categorically Exempt from CEQA. Planning Commission action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Larissa Lomen, Assistant Planner.

Recommended Action : That the Planning Commission adopt a r esolution approving a Conditional Use Permit with Site and Architectural Review.

Assistant Planner Larissa Lomen presented staff report Hearing to consider the request of Lentz Consulting on behalf of McQueen Limited Partnership to allow the construction of a 75-foot wireless facility tower designed to resemble a eucalyptus tree on property located at 2633 S. Bascom Avenue
Commissioners received clarificati on from Assistant Planner Lomen that the applicant would provide updated designs as concerns were expressed on the proposed design of the wireless facility.

Assistant Planner Lomen communicated that the applicant had various reasons for selecting the proposed tree species and height. Selecting a different height would be infeasible as it would allow the applicant to address the gaps and issues in wireless coverage.

8.c
Packet Pg. 174
Attachment: Draft Meeting Minutes (2633 S. Bascom Ave Appeal) Campbell Planning Commission Meeting Minutes – June 25, 2024 Page 3 of 8

Applicant, Eric Lentz, spoke and stated that AT&T would be wireless provider for this particular wireless facility. The provided service would also assist first responders as ATT participates in a special program for first responders called First Net. The applicant will be looking at concealing antennas as best as possible. Building a shorter wireless facility would not be conducive to obtaining the desired communication improvements.

Assistant Planner Lomen informed Commissioners that the location, height, and concealment method were thoroughly evaluated.

Director Rob Eastwood informed Planning Commission of their options for approving, denying, or continuing given the state law shot clocks.

The City Attorney informed the Commissioners that their ability to deny the project is very limited.

Chair opened public comment. No public comment.

Commissioners expressed desire for the applicant to offer a different tree design option for the wireless facility. Understand the purpose and utility of the wireless facility’s initial height and proposed design options.

Motion: Upon motion by Commissioner Fields, seconded by Commissioner Kamkar, the Planning Commission motioned to grant approval of Reso No. 470 9 granting a approval of a Conditional Use Permit with Site and Architectural Review (PLN - 2023-1) to allow the construction of a 75 -foot wireless facility tower designed to resemble a eucalyptus tree on property located at 2633 S. Bascom Avenue. The project involves seeking a specific exception to existing zoning regulations, as the proposed tower exceeds the property’s standard allowable height limit (35 feet) in the NC (Neighborhood Commercial ) Zoning District. Project File.: PLN -2023-1, by the following roll call:

AYES: Krey, Fields, Ostrowski, Kamkar, Zisser,
NOES: None
ABSENT: Majewski, Buchbinder
ABSTAIN: None

3. 515 E Hamilton Ave – Conditional Use Permit (Resolution/Roll Call Vote) Public Hearing to consider the request of Brendan McNamara on behalf of Argonaut Investments, to reinstate an expired Conditional Use Permit that allowed establishment of an approximately 40,000 square -foot Health/fitness Center with ancillary temporary childcare services and a public opening time of 5:00 AM, within an existing commercial building formally occupied by Bed, Bath, and Beyond on property located at 515 E. Hamilton Avenue. The application(s) under consideration includes a Conditional Use Permit. File No.:

PLN-2024-87. Staff is recommending that this item be deemed Categorically Exempt from CEQA. Planning Commission action is final unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Daniel Fama, Senior Planner.

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Attachment: Draft Meeting Minutes (2633 S. Bascom Ave Appeal) From: Sarah Kreuger
To: Planning Division
Cc: [email protected]; Larissa Lomen
Subject: Fwd: Reason for Appeal
Date: Friday, July 5, 2024 4:30:19 PM
Attachments: image.png
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Hello,
Below is the statement specifying the basis for the appeal and the specific aspects of the decision being contested on PLN- 2023-1 which is a 75ft Cell/wireless tower on 2833 Bascom Ave.

Unfortunately, we were unable to reach any personnel in the planning department today (7/5) as myself and my community have additional questions regarding this statement. However, given the 7/5/24 by 5pm deadline received, I am preemptively sending in this statement.

Thank you.

2633 Bascom Ave Reason for Appeal:

1. Based on ATT's own data published on their website shown below no coverage gap has been found, as of July 2024. While a gap MAY have existed at the time of the consultants analysis of Sept 2023, as documented in "Draft Review of the Application of AT&T Wireless", no such gap is shown from ATT now.

Details:

From ATT's website, ATT coverage map shows no gap in coverage. All areas in DARK blue have both 5G and 4G LTE with solid coverage, covering all of Campbell, and the specific location that the undesirable tall tower proposal claims to cover Zoom out view showing both 5G and LTE coverage for Campbell

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Attachment: Appeal Letter (2633 S. Bascom Ave Appeal)
--
Sarah Kreuger

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Attachment: Appeal Letter (2633 S. Bascom Ave Appeal)
CTC Telecommunications Network Consulting
Wholly owned subsidiary of CTC Media Group, Inc.
1202 Pollock Street • New Bern, NC 28560 • Tel: 252 -633 -1490 • www.ctctnc.com

Review of the Application of AT&T Wireless
to Install a New Wireless Facility

Prepared for City of Campbell, California
October 2023

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) DRAFT Review of Wireless Applications – Campbell City of Campbell – September 2023

ii
Contents
1 Executive Summary ...................................................................................................................................... 1

1.1 Overview of Analysis .................................................................................................................................... 1

1.2 Summary of Findings .................................................................................................................................... 2 2 Background on Cellular Antenna Siting Issues .............................................................................................. 4

2.1 Wireless Coverage ........................................................................................................................................ 4

2.2 Wireless Coverage and Target Signal Levels ................................................................................................ 4

2.3 Wireless Network Capacity .......................................................................................................................... 5 3 Overview of AT&T’s Wireless Spectrum ........................................................................................................ 6 4 Analysis of Existing AT&T Coverage .............................................................................................................. 8

4.1 CTC'S Independent Coverage Modeling Results ......................................................................................... 10 5 Compliance With FCC Radio Frequency Exposure Guidelines ...................................................................... 12 6 Appendix .................................................................................................................................................... 18

Tables
Table 1: AT&T Wireless Band ................................................................................................................................. 7

Figures
Figure 1: AT&T Provided Computer Model Calculated Mid-Band Existing Wireless Coverage Area ........................ 9 Figure 2: ITU Propagation Model 1,950 MHz Computer Generated Mid -Band Coverage ...................................... 10 Figure 3: ITU Propagation Model 1,950 MHz Computer Generated Coverage Map with Proposed Site Activated 11 Figure 4: FCC Limits for Maximum Permissible Exposure ..................................................................................... 12 Figure 5: Area above the Tower RF Exposure Exceeds FCC Guidelines ................................................................. 13 Figure 6: Examination of Height of Buildings within 150' of the Proposed Site .................................................... 14 Figure 7: RF Exposure Level Above Ground Level (Bearing 20 degrees) ................................................................ 15 Figure 8: RF Exposure Level Above Ground Level (Bearing 140 degrees) .............................................................. 16 Figure 9: RF Exposure Level Above Ground Level (Bearing 260 degrees) .............................................................. 17

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 1 1 Executive Summary
The City of Campbell , California, received an application from A T&T Wireless to install a new wireless facility at 2633 S. Bascom Ave.

The following scope of work is proposed:
• Install a new 75’ monopole camouflaged with faux eucalyptus branches • Mount 3 covert antenna sector mounts at 65’
• Install 5 antennas and radio transmitters on each sector • Install security fencing around tower base

The city has retained the engineering services of CTC Telecommunications Network Consultants, an independent telecommunications consulting firm , to provide a third-party review of Crown Castle's application.

1.1 Overview of Analysis
CTC performed a technical review and analysis of the application concerning the applicant’s communications engineering materials and justification of a need for the proposed site.

This report describes the documents we examined and the technical analysis we performed to reach conclusions about the application. Our analysis is confined to the technical aspects of the application and includes:
• The proposed existing tower has a height of 65 feet, which exceeded the City's zoning code standards for wireless towers to a maximum height of 35 feet. • At the city's direction, CTC has prepared an independent examination of existing AT&T coverage within the area of the City of Campbell to determine if the proposed tower is required to address any existing coverage deficiencies. City staff also asked us to look at three PG&E lattice transmission power towers as alternative locations for the AT&T equipment. Lastly , we examine whether the proposed height is required to addr ess pertinent engineering requirements and whether it will provide opportunities for other carriers to collocate, minimizing the need to add any more tall structures in the area.

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 2 1.2 Summary of Findings
We examined current coverage provide by AT&T in the higher capacity 1,950 – 3,700 mid-band frequencies and independently prepared computer modeling software coverage maps to develop our findings. Our analysis covers the multiple wireless radio bands used by AT&T that are deployed at this proposed site. We also rely on information we have received from AT&T and other wireless carriers on other similar Bay area wireless sites. Our report provides significant technical details on our findings and the methodology employed. I n summary, we find that that the documentation provided and our independent analysis support that the construction of the new wireless facility will have the following impact:
• Provide inbuilding AT&T service in the high data capacity mid -bands not currently available to AT&T customers. Thus, while existing AT&T sites can currently provide some service in the proposed area of the new tower, this new site will provide customers with the expectations of solid 4G LTE and modern 5G broadband speeds for customers to be able to stream audio and video , access business networks and cloud -based filesharing, gaming, and use all manner of applications online.
• Extend the existing coverage area of in -vehicle mid -band service in gap areas located between existing AT&T sites and the proposed site.
• The alternative sites which were reviewed are not feasible based either on location, limited height of existing buildings, or unavailable due to a refusal of the landlord to provide a long -term lease to Crown Castle and AT&T. As for the 3 PG&E electric transmission lattice towers (699 Union Ave, 2217 Central Park, and 2520 S. Bascom Ave), they are too far north to provide the desired coverage and they would provide unwanted interference to the other two AT&T sites (CCL00031 and CCL03783). • The proposed height of 65 feet is necessary to provide the desired coverage, provide some opportunities for colocation, and not generate concerns about RF radiation to people in neighboring buildings. In our Appendix, you can find a comparison of the coverage provided at 65 feet versus 45 feet for both the 700 MHz low-band and the 1950 MHz mid-band ranges. The low-band 700 MHz coverage at 65 feet is 3.1 square miles for indoor and 19.8 square miles in vehicles. At 45 feet that same coverage is 2.4 square miles for indoor and 16.8 square miles f or in vehicles. The real problem is in the mid -band spectrum which provides the greatest speed and capacity . The mid -band 1950 MHz coverage at 65 feet 2.0 square miles indoor and 12.7 square miles in vehicles, while at 45 feet, the indoor is 1.9 square miles and 9.6 square miles in vehicles. This means that the coverage is reduced by 23% for 700 MHz indoors and by 15% in vehicles and 5% for 1950 MHz indoors and 24% in vehicles. The AT&T wireless antennas mounted at the proposed height of 65 feet produces RF exposure levels that do not exceed FCC guidelines for public safety to persons working/traversing adjacent areas both at ground level and on nearby

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 3 rooftops. Additionally, at the proposed height, this tower will also provide colocation opportunities for other carriers who will also need to update the capacities of their networks without requiring additional structures. The equipment proposed and constructed design will be fully compliant with FCC guideline requirements. • Lastly, to try and construct the tower that conforms to the existing zoning (with a maximum height of 35 feet) would place powerful transmitters and antennas nearby occupied buildings (the closest tallest building nearby is 28 feet tall and just north of t he proposed site). At that limited height above ground, it would be impossible to comply with FCC standards for RF exposure in the immediate surrounding area and guarantee safety for City residents.

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 4 2 Background on Cellular Antenna Siting Issues
This following brief discussion presents a framework for understanding our analysis of current AT&T wireless service provided in the area to be served the proposed 75 -foot monopole tower along with the methodology we employed to develop our findings enhanced service to be provided by the proposed site.

2.1 Wireless Coverage
Wireless coverage signal levels for modern 4G and 5G broadband services are determined by a carrier’s RF signal amplitude and signal quality within a desired service area. Signals need to be at a minimum amplitude to override radio frequency noise and interference other wireless radio towers (i.e., interference from other wireless sites). Signal levels also need to be maintained at a power intensity such that user devices are not constantly connecting and reconnecting (either because of a loss of signal or because an existing connection is receiving interference from an adjacent wireless access point).

Handing off a user from one access site to another is part of the mechanics of dealing with users who are in motion. The 4- and 5G networks employ sophisticated encoding technology which permits higher transmission speeds in areas where signal levels are higher than those required for minimum data rate transfers.

2.2 Wireless Coverage and Target Signal Levels
The FCC has not set blanket technical standards for RF signal amplitude/quality for the networks that support commercial wireless services. Guidelines and target signal levels for the three recognized primary commercial services environments—outdoor coverage, in-vehicle coverage, and in -building coverage —have instead been generally established by the individual wireless service providers and wireless equipment manufacturers.

For 4G technology—the wireless technology proposed by the carriers in this case —target signal power levels are specified in terms of logarithmic power ratios expressed in decibels (dB), with a reference level of 0 dBm being equal to 1 milliwatt of signal power. Signal power levels increase with positive dBm numbers and decrease with negative dBm numbers. A larger negative number correlates with a lower signal amplitude (e.g., - 95 dBm is a weaker signal than -85 dBm) and a decreased ability to receive a signal and use the wireless service.

Typically, in order to provide reliable in -building coverage, network engineers specify signal power levels of -85 dBm or greater, which is more than adequate to compensate for the attenuation of signal power caused by the absorption of signals through structural walls and internal wall partitions.

Network designers target a lower signal power level (i.e., - 95 dBm or greater) for in -vehicle service. Based on field tests we have conducted for numerous communities, our experience

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 5 indicates that voice communications, texting, and email transmittal can often be reliably conducted in vehicles at even lower signal power levels of - 105 dBm. Adequate service in open- air, outdoor areas are typically achieved at even lower levels than in-vehicle settings.

Wireless signal power intensity is graphically depicted on wireless coverage maps employing different color bands to indicate a range of signal power s. Typically, a color band covers a range of 5 to 10 dBm. For example, in the figures in this report , a yellow band correspond s to a signal power in the range from -95 dBm to -86 dBm to denote target in-vehicle levels.

2.3 Wireless Network Capacity
Network capacity is a parameter associated with the ability of the network to address user requirements to wirelessly transfer voice, data, and video through radio signals. While s ignal amplitude (power) represents a key parameter for establishing a high -quality and stable signal, network capacity represents the volume of data the network can transport to concurrent users over a given time, often expressed as megabits per second.

Wireless network capacity is determined by the complex interrelationship of factors such as the number and location of antennas, the number of concurrent users, and the number of wireless bands deployed in the service area.

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 6 3 Overview of AT&T’s Wireless Spectrum
AT&T currently delivers commercial wireless service in the City of Campbell via antennas mounted on buildings and towers. These traditional wireless facilities, which are designed to serve users in a 1 - to 1.5 -mile radius or less in urban environments , are often referred to as “macro” sites.

AT&T wireless provides commercial wireless service in six separate wireless spectrum bands licensed by the FCC. The lower-bandwidth (data transmission capacity) 700 – 850 MHz bands can serve users that are located at greater distances from the antenna site, absent any other factors that interfere with transmission/reception. The availability and quality of service surrounding the existing tower can vary based on a verity of factor that are site specific such as ground topography, signal attenuation caused by the clutter of buildings ; this significantly affects the range and quality of coverage of the radio spectrum in the 1,900 – 3,700 MHz m id-band.

Coverage distances in the 700 -850 MHz low band will typically extend two to three times the distance from a wireless tower than range for wireless units operating in the mid-band spectrum.

In contrast, the service areas are small for the area served by midband radios and there is spectrum bandwidth resulting in a higher data transfer rate and greater capacity for addressing growing user demands.

While each carrier has their own exclusive frequencies licensed by the FCC, all active subscribers to the carrier in the vicinity share the same wireless spectrum. So, it is possible (depending on the number of users served by the same antenna , as well as other factors) that users whose phones indicate that a signal is available will still have trouble connecting to the network or may experience a dropped call.

AT&T’s FCC wireless spectrum license confirms that the company has substantially greater network bandwidth/capacity resources in the higher-frequency PCS, AWS, and upper and lower C-band. Table 1 provides a summary of the wireless spectrum licensed to AT&T by the provide commercial wireless services in Campbell.

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 7 Table 1: AT&T Wireless Band1
AT&T Licensed FCC Spectrum Service Frequency Band (MHz) Download Bandwidth (MHz)
UHF – Excluding FirstNet 700 12
Legacy voice cellular spectrum 850 12.5
Personal Communications Service (PCS) 1,900 20
Advanced Wireless Service (AWS) 2,100 15
Wireless Communications Services (WCS) 2,500 30
Upper C-Band 3,700 80

1 Source: Universal Licensing System (ULS), Federal Communications Commission (FCC), https://wireless2.fcc.gov/UlsApp/UlsSearch/searchLicense.jsp .

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 8 4 Analysis of Existing AT&T Coverage
The area to be served by the proposed AT&T wireless facility is currently a tower that supports Verizon antennas at a radiation center of 72.5 feet above ground level. Verizon delivers wireless service to customers in their FCC licensed 700 MHz, 850 MHz, 1,900 MHz, and 2,100 MHz bands.

Figure 1 is a computer -generated coverage map prepared by AT&T that depicts the short range/high-capacity coverage provided by AT&T from 10 existing sites located within a radius of two miles from the proposed Basco m site. The color of the coverage plot corresponds to the signal power intensity. The green areas define signal power intensity required to provide reliable in-building coverage. The yellow areas correspond to sign level adequate to serve in -vehicle communications. Blue areas are the lowest signal threshold, adequate outdoor coverage. Note that the proposed site located on 3633 South Bascom Avenue does not receive service from the closest three adjacent sites (CC00031- Ht.-137’, CCL03783-Ht.93’ & CCL00586-Ht.60’) to support reliable in-building and in-vehicle service within the target coverage of the proposed site in the mid-band.

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 9 Figure 1: AT&T Provided Computer Model Calculated Mid-Band Existing Wireless Coverage Area2

2 Coverage map and table of wireless site antenna heights provided to the city is response to City’s request for information on AT&T’s current coverage

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 10 Figure 2 is a computer-generated plot of the Verizon service without the coverage provided by the proposed site.

4.1 CTC'S Independent Coverage Modeling Results
CTC performed an independent analysis of existing AT&T mid-band coverage employing radio frequency propagation algorithms developed by the I nternational Telecommunications Union (ITU). The computer mode ling software we use in our analysis employ s satellite mapping databases that integrate terrain topology and clutter losses that impact radio coverage in the Ultra High Frequency (UHF) wireless radio bands.

Figure 3 is a coverage map of AT&T’s 1,950 MHz wireless band generated by the ITU -based software. For this model we specified a minimum signal intensity of -85 dBm for in building coverage at 95% of the locations 95% of the time (Green contour). For in-vehicle, a signal power of 1/10 the in-building level (-95 dBm) and a minimum signal power of -105 dBm in open areas.

Under the assumed performance parameters, the calculated in -building service area for the existing Verizon site is 4.4 square miles.

Figure 2: ITU Propagation Model 1,950 MHz Computer Generated Mid-Band Coverage

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 11 Figure 3: ITU Propagation Model 1,950 MHz Computer Generated Coverage Map with Proposed Site Activated

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 12 5 Compliance With FCC Radio Frequency Exposure Guidelines The FCC’s guidelines for evaluating human exposure to RF signals were first established in 1985.

The current guidelines were adopted in August 1997 in FCC OET Bulletin 65. 3 The guidelines are expressed in terms of Maximum Permissible Exposure (MPE) to electric and magnetic field strength and power density. The guidelines, which cover the frequency range of 300 kHz to 100 GHz, address two separate tiers of exposure:

1. Occupational/controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment and in which those persons who are exposed have been made fully aware of the potential for exposure and can exercise control over their exposure.

2. General population/uncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure.

Figure 4 is a plot of MPE as a function of radiofrequency (RF) human exposure as a function of the frequency spectrum. Note that the spectrum between 30 and 300 MHz is the most restrictive.

All commercial wireless networks operate in spectrum above 600 MHz.

Figure 4: FCC Limits for Maximum Permissible Exposure

3 “Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields,” OET Bulletin 65, edition 97-01. https://www.fcc.gov/general/oet-bulletins-line#65

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 13 We received specifications for the radio equipment that is currently in use and are planned for this site. This information has been used to examine the radiation levels compliant with the FCC’s guidelines for evaluating human exposure to RF signals as adopted in August 1997 in FCC OET Bulletin 65. We concur that the proposal is fully compliant with FCC’s limits of radiofrequency exposure.

Figure 5 is a Google Earth map depicting the maximum distance radio frequency radiation in the vicinity of the individual antenna.

Figure 5: Area above the Tower RF Exposure Exceeds FCC Guidelines Elevated at the Antenna Radiation Center 67’ (19.8M) Above Ground Level

Figure 6 a Google Earth Map illustrating the maximum height all existing buildings that fall with 150’ of the proposed tower. The maximum height of any the five buildings on any extremity is 28 feet above ground level.

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 14 Figure 6: Examination of Height of Buildings within 150' of the Proposed Site

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 15 Figure 7 through Figure 9 are graphs depicting the maximum distance (in meters) radio frequency radiation in the vicinity of the antenna at the individual antenna mounted on a 6 5' tower at a bearing of 20, 140 and 260 degrees.

Figure 7: RF Exposure Level Above Ground Level (Bearing 20 degrees)

Highest Building Point - 28 ft. (8.5m)

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 16 Figure 8: RF Exposure Level Above Ground Level (Bearing 140 degrees)

Highest Building Point - 10 ft. (3 m)

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 17 Figure 9: RF Exposure Level Above Ground Level (Bearing 260 degrees)

Highest Building Point - 18 ft. (5.5 m)

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 18 6 Appendix
ITU 1,900 MHz Coverage Model report of Existing Coverage in Target Area

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 19 ITU 1,900 MHz Coverage Model report of Area Coverage in Target Area with Proposed Sit

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 20 RF Exposure Database

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 21 700 MHz Coverage at 65 ft.

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 22 700 MHz Coverage at 65 ft.

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 23 700 MHz Coverage at 45 ft.

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 24 700 MHz Coverage at 45 ft.

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 25 1950 MHz Coverage at 65 ft.

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 26 1950 MHz Coverage at 65 ft.

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 27 1950 MHz Coverage at 45 ft.

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) Review of Wireless Applications – City of Campbell – October 2023 28 1950 MHz Coverage at 45 ft.

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Attachment: Independent Consultant Report, October 2023 (2633 S. Bascom Ave Appeal) (c) 2007 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.

CCL06058 Propagation Map
March 29, 2023

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Attachment: Propogation Maps (2633 S. Bascom Ave Appeal) Existing LTE 700 Coverage
CCL06058

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Attachment: Propogation Maps (2633 S. Bascom Ave Appeal) CCL06058
Proposed LTE 700 Coverage with CCL06058 at 35 feet

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Attachment: Propogation Maps (2633 S. Bascom Ave Appeal) CCL06058
Proposed LTE 700 Coverage with CCL06058 at 45 feet

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Attachment: Propogation Maps (2633 S. Bascom Ave Appeal) CCL06058
Proposed LTE 700 Coverage with CCL06058 at 55 feet

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Attachment: Propogation Maps (2633 S. Bascom Ave Appeal) CCL06058
Proposed LTE 700 Coverage with CCL06058 at 65 feet

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Attachment: Propogation Maps (2633 S. Bascom Ave Appeal)

To: Site and Architectural Review Committee Date : May 28, 2024 From: Larissa Lomen, Assistant Planner
Via: Rob Eastwood, Community Development Director
Subject: Conditional Use Permit with Site and Architectural Review File No.: PLN-2023-1 ~ 2633 S Bascom Avenue

BACKGROUND
Proposed Project: This application would allow for the installation of a new concealed wireless tower facility designed as a faux eucalyptus tree to serve the AT&T network with a request for a “limited exemption from standards” to retain the height of an existing tower facility ( 35-feet permitted; 75-feet existing/requested) and exceed the required side and front setbacks.

Project Site : The project site is an approximately 6,098 square foot property located behind commercial buildings near the northwest corner of S. Bascom Avenue and Union Avenue. Access to the site is provided by a 450-foot long, 20-foot-wide private alleyway with entrances on Cambrian Drive and South Bascom Avenue. The property is predominantly surrounded by commercial land uses to the south and east, with a single -family dwelling situated to the north. Additionally, the

MEMORANDUM
Community Development Department
Planning Division

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Attachment: SARC Memo, May 28, 2024 (2633 S. Bascom Ave Appeal) SARC Memorandum – May 28, 2024 Page 2 of 5
PLN-2023-1 ~ 2633 S. Bascom Ave
property abuts a hotel to the south, which is within the jurisdiction of the City of San Jose, as illustrated in the aerial map below.

The property shares the address and ownership with the parcel directly in front. The front parcel is currently developed with a commercial building occupied by a private communications services business, and the rear property is developed with many existing buildings t hat support the front parcel’s business operations. Many of the existing buildings are considered to be nonconforming with the City’s current zoning standards, but are allowed to continue in accordance with CMC Section 21.58.050 (Restrictions on nonconforming structures), as they were constructed prior to the site’s annexation to the City in 2013.

PROJECT DATA

Zoning Designation: NC (Neighborhood Commercial)
General Plan Designation: Neighborhood Commercial
Net Lot Area: 6,098 square feet
Proposed Allowed
Height: 75 feet1 35 feet (Max. Allowed)
Setbacks: 2
Front 2.8 feet 15 feet (Min. Required)

1 The proposed height of the wireless facility exceeds the allowable 35- feet as set in the Zoning Ordinance, but shall be allowed through an exception to height as provided in CMC Section 21.18.050. 2 The proposed side and front setbacks of the wireless facility exceed the allowable as set in the Zoning Ordinance, but shall be allowed through an exception to height as provided in CMC Section 21.18.050.

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Attachment: SARC Memo, May 28, 2024 (2633 S. Bascom Ave Appeal) SARC Memorandum – May 28, 2024 Page 3 of 5
PLN-2023-1 ~ 2633 S. Bascom Ave
Rear 96 feet 10 feet (Min. Required)
Side: 3 feet 37.5 feet (Min. Required)

DISCUSSION
Scope of Review : The Site and Architectural Review Committee's (SARC) role is to review the design and materials of the proposed project for compatibility with City design standards and guidelines and to make recommendations as appropriate to the Planning Commission.

Design: T
he applicant proposes a faux Eucalyptus tree as a new wireless communications facility, necessitating a design review under the City’s Wireless Facility Design Requirements (WFDR).

These requirements mandate an assessment of the appropriate tree species, shape, size, quality, longevity of materials (branches & bark), color, and finish in relation to the facility’s surroundings.

The WFDR specifies that the tree species should match its surroundings and ideally be placed in a grove of comparable trees. Although the applicant has chosen a faux eucalyptus tree for its effective antenna screening capabilities, no other eucalyptus trees are present nearby , and it is a non-native species that is not compatible with the City’s urban forest as specified in the City’s Tree Protection Ordinance. The closest comparable trees are palm trees , redwood trees, and deodar cedars located to the north and southeast of the existing tower as seen in the below photo.

The WFDR requires that faux trees replicate the shape, structure, height, and color of live trees.

The proposed 75-foot wireless tower uses a faux eucalyptus tree for its design, reflecting the natural characteristics of a eucalyptus, which can grow up to 150 feet and possesses dense foliage.

The upside down "V" shape of a eucalyptus tree was chosen as it offers the greatest screening where antennas are mounted towards the top of the facility. However, the proposed structure diverges from a true Eucalyptus profile by featuring a flatter canopy and less base tapering, which deviates from the rounded top and tapered base typical of real Eucalyptus trees.

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Attachment: SARC Memo, May 28, 2024 (2633 S. Bascom Ave Appeal) SARC Memorandum – May 28, 2024 Page 4 of 5
PLN-2023-1 ~ 2633 S. Bascom Ave

Given the non-native status of the eucalyptus and its potential conflict with the urban forest management outlined in the City’s Tree Protection Ordinance, yet considering its effectiveness in concealing wireless infrastructure, the SARC should evaluate whether this design is suitable or if an alternative species or design approach should be pursued.

Materials and Construction: To appear natural, the WFDR stipulates that a faux tree must have at least three branches per foot and use realistic materials, which the proposal demonstrates on Sheet A-6. Branches must seamlessly connect to the faux bark cladding, detailed in the plan specification sheets. All tower-mounted equipment, including antennas, equipment cabinets, cables, mounts, and brackets, must be painted in flat, natural colors to mimic the tree's bark or branches, as noted on Sheet REF-1 the equipment will be painted “Bark Brown” to match the tower’s branches.

Additionally, the canopy must envelop all tower-mounted equipment and extend at least 18 inches beyond it, a criterion confirmed on Sheet A-6 of the project plans. Antennas and equipment cabinets must be covered with leaf or needle "socks" to blend with the faux foliage, also detailed on Sheet REF-1. The vertical structure will also be covered with three -dimensional faux bark cladding and all coaxial cables must be routed directly from the ground up through the pole as fulfilled on Sheet A-6.

CONSIDERATIONS
The SARC should discuss the proposed project's design, with a specific emphasis on the following discussion points:
• Should an alternative tree species be considered?
o Staff Recommendation: Given the absence of eucalyptus trees in the vicinity and the non-native status of this species, it is recommended that the applicant reconsider the choice of a faux eucalyptus tree for the concealment structure. Alternative species that are native to the area or other types of concealment strategies should be explored to ensure better integration with the local environment. Potential alternatives could include the use of a faux redwood tree, or deodar cedar tree, which are present in the nearby area and would harmonize with the city’s urban forest.

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Attachment: SARC Memo, May 28, 2024 (2633 S. Bascom Ave Appeal) SARC Memorandum – May 28, 2024 Page 5 of 5
PLN-2023-1 ~ 2633 S. Bascom Ave
• Should the shape of the tree be altered in any way to better conceal the tower? o Staff Recommendation: The facility's height should be increased, and the canopy should be extended to create a wider and rounder shape. This will help conceal the equipment more effectively and provide a rounded top that tapers more to a point at the base, better mimicking the natural form of a eucalyptus tree as seen in the below photo.

• Should a non-tree facility be utilized?
o Staff Recommendation: Alternatively, non- tree-like structures such as slimline towers, flagpoles, or artistic installations might provide effective concealment while avoiding the botanical incompatibility issues associated with a non- native species.

These alternatives must be designed to “integrate seamlessly” with the surrounding environment, in compliance with the WFDR. A prominent 75-foot tower or a similar large structure may initially seem more obtrusive than a faux tree, especially to residents of nearby single -family homes. Consequently, staff suggest considering a slimline tower styled as a faux flagpole or streetlight, though this design could limit radio frequency capabilities and may not fulfill the project's feasibility requirements.

Attachments:

1. Project Plans

2. Photo Simulations

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Attachment: SARC Memo, May 28, 2024 (2633 S. Bascom Ave Appeal)

EXHIBIT A
RESOLUTION NO.

BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CAMPBELL APPROVING AN APPEAL AND DENYING THE PLANNING
COMMISSION’S APPROVAL OF A CONDITIONAL USE PERMIT WITH
SITE AND ARCHITECTURAL REVIEW (PLN- 2023-1) TO ALLOW THE CONSTRUCTION OF A 75 -FOOT WIRELESS FACILITY TOWER

DESIGNED TO RESEMBLE A EUCALYPTUS TREE ON PROPERTY
LOCATED AT 2633 S. BASCOM AVENUE . THE PROJECT INVOLVES

SEEKING A SPECIFIC EXCEPTION TO EXISTING ZONING

REGULATIONS, AS THE PROPOSED TOWER EXCEEDS THE
PROPERTY’S STANDARD ALLOWABLE HEIGHT LIMIT (35 FEET) IN THE NC (NEIGHBORHOOD COMMERICAL ) ZONING DISTRICT.

PROJECT FILE NO.: PLN-2024-103

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

After due consideration of all evidence presented, the City Council of the City of Campbell finds as follows with regard to file number PLN-2024-103:

Environmental Finding

1. The action to deny the Proposed Project is Statutorily Exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Public Resource Code Section 21080(b)(5).

Evidentiary Findings

1. The project site is zoned NC (Neighborhood Commercial) and designated Neighborhood Commercial by the General Plan.

2. The project site is located behind commercial buildings near the northwest corner of S.

Bascom Avenue and Union Avenue.

3. Access to the site is provided by a 450- foot long, 20- foot-wide private alleyway with entrances on Cambrian Drive and South Bascom Avenue.

4. The front parcel is currently developed with a commercial building occupied by a private communications services business, and the rear property is developed with many existing buildings that support the front parcel’s business operations.

5. Many of the existing buildings are considered to be nonconforming with the City’s current zoning standards, but are allowed to continue in accordance with CMC Section

21.58.050 (Restrictions on nonconforming structures), as they were constructed prior to the site’s annexation to the City in 2013.

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Attachment: Draft Resolution Alternative (2633 S. Bascom Ave Appeal) City Council Resolution Page 2 of 5
2633 S. Bascom Ave ~ Conditional Use Permit Appeal (PLN-2024-103)

6. The applicant is requesting approval of a Conditional Use Permit with Site and Architectural Review to allow for the establishment of a new concealed wireless facility (artificial tree pole) with a request for a limited exemption from standards to retain the existing height of the facility.

7. The facility would be designed to resemble a eucalyptus tree which, as designed and conditioned, may be found to satisfy the requirements of the city’s adopted Wireless Communications Facilities Ordinance and Wireless Facility Design Requirements.

8. All aspects of the design of the facility, including the size and width of the facility and surrounding canopy of artificial branches, contribute to the concealment of the facility.

9. Any increase to the height and width of the facility as measured to the edge of the exterior branches as depicted on the project plans would defeat the concealment of the artificial tree as designed.

10. The maximum allowable height of a structure in the NC zoning district is 35-feet, where the existing/proposed facility would be 75-feet, not including the addition of new artificial branches that will be used conceal the facility as a eucalyptus tree.

11. The applicant bears the burden of demonstrating why a limited exemption to standards (height) should be granted.

12. For the city to approve a limited exemption , the applicant must demonstrate with clear and convincing evidence that a significant gap in the applicant’s service coverage exists (or in this case, would occur without the requested height) and that all alternative sites identified in the application review process are either technically infeasible or not potentially available.

13. The applicant has provided an analysis of the service coverage of the carrier to be served by the proposed tower facility (AT&T) and resulting gap in coverage that would occur without the facility at the proposed height.

14. The applicant also provided an assessment of alternative locations considered, and why they were found to be infeasible.

15. To assist the City Council in its assessment, a third- party consultant was hired to determine the impact that reducing the tower height would have on wireless coverage.

16. The third-party consultant report concludes that the requested height may be supported on the basis that the tower's height of 65 feet is strategically chosen. This height is crucial to achieve desired coverage and also allows for the possibility of colocation, where other carriers can place their equipment on the same tower, thus reducing the need for multiple structures. A technical breakdown in the findings of the report was provided comparing coverage at 65 feet versus 45 feet, illustrating significant reductions in coverage at the lower height, especially in the mid-band spectrum which provides faster data speeds.

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2633 S. Bascom Ave ~ Conditional Use Permit Appeal (PLN-2024-103)

17. The third-party consultant report included a list and evaluation of alternative sites, detailing why they are infeasible for the proposed wireless facility. Reasons cited include unsuitable locations, restricted heights on existing structures, and landlords' reluctance to grant long-term leases. Additionally, three alternative PG&E electric transmission lattice towers are positioned too far north to provide necessary coverage and would cause undesirable interference with other AT&T sites, reinforcing the chosen site as the most viable option to avoid coverage gaps.

18. As the requested height and placement of the facility may be found necessary to avoid a significant gap in coverage, and in consideration that all alternative sites identified in the review process are either technically infeasible or not potentially available, the City Council may approve a limited exemption to standards to allow an increase in height at the proposed location.

19. Although the project includes development plans, it does not require a separate architectural review permit application but is subject to site and architectural review in accordance with CMC 21.46.050 (Site and architectural review).

20. The Conditional Use Permit application was considered by the Planning Commission at its meeting of June 25, 202 4, wherein, after closing of the public hearing, adopted Resolution No. 4709, granting approval of the Variance application.

21. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment.

22. A timely Appeal of the Planning Commission's action to approve the Variance application was received on July 3, 2024.

23. After consideration of the evidenced provided in the administrative record and public hearings, the City Council finds that the configuration of the tower proposed by the Conditional Use Permit application does not meet the required design criteria as outlined in the City’s Wireless Facility Design Requirements.

24. Approval of the Conditional Use Permit would be inconsistent with General Plan Policy CD-4.6:

Policy CD-4.6: Minimize the visual impact of wireless telecommunication facilities by designing them as an integral architectural feature to a structure.

Based upon the foregoing findings of fact, and in consideration of the entire administrative record, the City Council further finds and concludes that:

Wireless Communications Facilities Findings (CMC Sec. 21.34.110):

1. The proposed facility, or modification to an existing facility, as conditioned will not be a stealth or concealed facility as defined in Section 21.34.200;

2. The proposed facility, or modification to an existing facility, as conditioned will not comply with all requirements of Chapter 21.34 (Wireless Communications Facilities);

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2633 S. Bascom Ave ~ Conditional Use Permit Appeal (PLN-2024-103)

3. The proposed facility, or modification to an existing facility, as conditioned will not comply with all applicable design guidelines;

4. The proposed facility, or modification to an existing facility, as conditioned will not be consistent with the general plan;

Conditional Use Permit Findings (CMC Sec. 21.46.040):

5. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval, but does not comply with all other applicable provisions of this Zoning Code and the Campbell Municipal Code;

6. The proposed use is not consistent with the General Plan;

7. The proposed site is not adequate in terms of size and shape to accommodate the fences and walls, landscaping, parking and loading facilities, yards, and other development features required in order to integrate the use with uses in the surrounding area;

8. The proposed site is not adequately served by streets of sufficient capacity to carry the kind and quantity of traffic the use would be expected to generate;

9. The design, location, size, and operating characteristics of the proposed use are not compatible with the existing and future land uses on-site and in the vicinity of the subject property;

10. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the comfort, health, morals, peace, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city;

Site and Architectural Review Permit Findings (CMC Sec. 21.42.060.B):

11. The project will not be consistent with the General Plan;

12. The project will not be consistent with the Zoning Code;

13. The project will not aid in the harmonious development of the immediate area;

14. The project is not consistent with applicable adopted design guidelines, development agreement, overlay district, area plan, neighborhood plan, and specific plan(s);

Environmental Finding(s) (CMC Sec. 21.38.050):

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2633 S. Bascom Ave ~ Conditional Use Permit Appeal (PLN-2024-103)

15. The project is Categorically Exempt under Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), pertaining to the operation and leasing, and/or minor alteration of an existing private structure; and

16. No substantial evidence has been presented which shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment.

THEREFORE, BE IT RESOLVED that the City Council approves an appeal (PLN-2024-103) and denies the approval of a Conditional Use Permit with Site and Architectural Review (PLN-2023-1) to allow the construction of a 75- foot wireless facility tower designed to resemble a eucalyptus tree on property located at 2633 S. Bascom Avenue. The project involves seeking a specific exception to existing zoning regulations, as the proposed tower exceeds the property’s standard allowable height limit (35 feet).

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

AYES: Commissioners:

NOES: Commissioners:

ABSENT: Commissioners:

ABSTAIN: Commissioners:

APPROVED:

Susan Landry, Mayor

ATTEST:

Andrea Sanders, City Clerk

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Attachment: Draft Resolution Alternative (2633 S. Bascom Ave Appeal)

City
Council
Report

TITLE: Public Hearing to Consider the Request of the PulteGroup, Inc. to Allow the Construction of a 108 -Unit Housing Development Project, Inclusive of 18 Detached Single -Family Homes and 90 Townhome - Style Condominium Units Across 12 Buildings with Associated Site Improvements, Including an 8 -Foot Wall; Creation of 30 Residential Lots, 12 Common Lots, and Related Public and Private Easements; and Use of Density Bonus Law Waivers and a Concession from the Zoning Code and Multi -Family Development Design Stand ards (MFDDS), on Property Located at 251 Llewellyn Avenue. the Application(S) Under Consideration Includes a Major Housing Development Project Permit and Tentative Vesting Subdivision Map, with Use of Density Bonus Law (DBL) Submitted Under an SB -330 Pre-Application Filed in Compliance with Gov. Code § 65941.1. File No.: PLN-2023-164. (Resolution/Roll Call Vote)

RECOMMENDED ACTION

The Planning Commission recommends that the City Council adopt a resolution approving a Major Housing Development Project Permit, incorporating waivers and a concession under State Density Bonus Law, and a Tentative Vesting Subdivision Map to allow the construction of a 108-unit housing development project.

ENVIRONMENTAL (CEQA) DETERMINATION

The Planning Commission recommend that the City Council accept a determination that the project may be found Exempt under Section 15183 of the California Environmental Quality Act (CEQA), including partial reliance on a previously certified Program EIR per Section 15168. This category exempts from additional environmental review projects that are consistent with the development density established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified, except as might be necessary to examine whether there are project - specific significant effects which are peculiar to the project or its site.

The City procured the services of a professional CEQA consultant (Ascent) to prepare a Section 15183 Checklist, which evaluated the consistency of the project and its environmental impacts with the EIR that was prepared for the newly adopted General Plan and Housing Element . Additionally, the consultant peer -reviewed environmental studies submitted by the applicant, which are included as attachment to the Section Item: 9
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: July 16, 2024
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15183 checklist document. These materials are available online at: https://ca- campbell.civicplus.com/Archive.aspx?ADID=3185.

The submitted environmental studies identified various measures that have been voluntary incorporated into the project's scope, as itemized in the applicant's commitment letter (reference Attachment B ). These measures pertain to noise, biological resources, air quality, and greenhouse gas emissions. By voluntary inclusion of the measures into the project proposal subject to the CEQA review, they have been incorporated as conditions of approval and there is no need to adopt a Mitigated Negative Declaration (MND) for the project.

PROJECT DATA
Zoning Designation: Medium Density Residential (MDR)
General Plan Designation: Medium Density Residential (18-25 du/ac) Form-Based Zone: T4 Neighborhood.Medium (T4N.M)
Gross Lot Area: 5.56 acres
Proposed Density: 19.42 units/gr. acre 18.75-25 du/ac (min/max) Site Utilization:

Building Area: 37% (89,165 SF)
Roadway/Paving Area: 23% (55,773 SF)
Sidewalk Hardscape 12% (30,834 SF)
Landscaping: 28% (66,501 SF)
Parking:

Garage Spaces: 216 stalls (2/unit)
Guest Spaces: 44 stalls
260 stalls 180 stalls Required (per Density
Bonus)

Building
Details
Townhome Buildings Detached SFD
Bld. 100 Bld. 200 Bld. 300 Bld. 400 Plan 1 Plan 2
Max. Height 42-ft 42-ft 42-ft 42-ft 38-ft 37-ft
Building Area 15,643 17,526 19,570 21,428 3,042 3,058
Units/Building 6 7 8 9 1 1
# of Buildings 2 4 4 2 4 14

DISCUSSION

Project Site: The project site is the 5 ½ acre campus of Pacific Clinics (formerly Uplift Family Services) located along Llewellyn Avenue between Hamilton and Latimer Avenues, as shown on the map, below. Adjoining uses include a single -family planned development to the north and condominium and apartment communities to the southwest. Across Latimer and Llewellyn Avenues, the property is bordered by 9 Packet Pg. 225
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traditional single -family residences. San Tomas Expressway abuts a portion of the property to the west. The project site is located within the Medium Density Residential (18-25 du/ac) General Plan Land Use District and the corresponding Medium Density Residential (MDR) Zoning District and is also designated T4 Neighborhood.Medium (T4N.M) on the Form-Based Zone Map.

Proposed Project : The proposed project is an application for a Major Housing Development Project Permit with use of Density Bonus Law (DBL) waivers and a concession, as discussed further, below, to allow construction of a 108 -unit housing development project, inclusive of 18 detached single -family homes and 90 townhome - style condominium units across 12 buildings, as well as an associated Tentative Vesting Subdivision Map to allow creation of 30 residential lots, 12 common lots, and related public and private easements (reference Attachment C – Project Plans).

Site Layout
As shown on the site plan below, the 18 single family homes (shown in brown) would be located along Latimer and Lewellen avenues. Within the interior of the property would be the 12 townhome buildings (shown in blue). Vehicular access into the site would be taken from Lewellen and Latimer Avenues via network of alleys and a partial "thoroughfare"—a roadway adjoined by on -street parking and a sidewalk —along the northerly property line. A separate network of pedestrian walkways —shown in yellow— would connect from the two public streets to the front entries of each unit. The buildings would either be oriented to the public street onto to pedestrian network, whereas the garage access would be taken from the alleyways. Lastly, an approximately 0.45 acre private park ("large site open space") is shown on at the westerly side of the site, which would interface to the broader pedestrian network via a 20 -ft wide "passage" feature that connects to Llewellyn Avenue.

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Building Design
The design of both the townhome buildings and detached single -family homes reflect a contemporary appearance incorporating hipped and gable rooflines with shake -style tile roofing, stucco and horizontal fiber -cement siding cladding, stoon veneer accents, and metal railing features. The color palette of the buildings features a combination of neutral and earth tones, complementing the contemporary appearance. 9 Packet Pg. 227
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Townhomes (from interior view)

Single-Family Homes (from corner of Latimer and Llewellyn Avenues)

Planning Commission Action : The Planning Commission held a public hearing on this application at its meeting of June 25, 2024. As noted in the meeting minutes (reference Attachment C ), much of the Planning Commission's discussion addressed public feedback received on the application, which dealt with traffic, parking, neighborhood compatibility, and construction impacts. After public comment and deliberation, the Planning Commission took action to recommend approval of the application by a 5 -0-2 vote (Commissioners Buchbinder and Majewski absent).

For the Council's reference, the following responses to the public comments raised at the Planning Commission meeting are provided below:
◼ Traffic: Neighbors identified concerns about new traffic that would be generated by the project and requested the city look at traffic calming measures.

Traffic impacts are now evaluated in two ways. The traditional "level -of-service" (LOS) aims to measure delay at nearby intersections. The newer "vehicle -miles traveled" (VMT) method evaluates the overall distance vehicles travel as a result of the project, assessing broader impacts on regional mobility. This project did not trigger a LOS traffic analysis (too few trips) and was also "screen ed-out" from formal 9 Packet Pg. 228
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VMT analysis because it is consistent with development intensity anticipated by the 2040 General Plan. These determinations notwithstanding, the City has an adopted Traffic Calming policy that can result in the installation of speed bumps in the right - of-way, should they be found warranted. Neighborhood residents may initiate this process following project completion.

◼ Parking: Neighbors raised concerns that the project did not provide sufficient parking, affecting existing parking in the neighborhood.

As a Density Bonus project, the City is limited in the quantity of parking it may require. Per the table below, the project is subject to a maximum parking standard of 180 stalls. However, 260 stalls are proposed, nearly satisfying the City's standard that otherwise would require 270 stalls (2 ½ per unit).

◼ Neighborhood Compatibility : Neighbors raised concerns regarding the compatibility of new townhomes and single family homes with the neighborhood, citing the three story height of certain new buildings.

Although denser than traditional single -family neighborhoods, the proposed project is at the lower end of its "Medium Density" designation, which otherwise could support 139 units or up to 278 units with a maximum "stacked" Density Bonus.

Moreover, the applicant took care to place detached units along the public street to minimize the visual impact of development.

◼ Construction Impacts: Neighbors had concerns on the construction impacts on t he neighborhood.

The applicant's voluntary environmental commitments include compliance with the Air District's "Best Management Practices During Construction standards".

Additionally, as required by the General Plan, a construction management plan to reduce construction noise impacts will also be required.

SCOPE OF REVIEW

The City Council's review of this project is limited by several State laws that functionally prohibit the City from denying a housing project absent extraordinary circumstances:

◼ Density Bonus Law (DBL) : The California Density Bonus Law promotes and facilitates the creation of restricted below -market-units (BMR) in new housing 9 Packet Pg. 229
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development projects by offering several inducements. These include the actual density "bonus" after which the law is named that allows an increase to the base density as determined by the specific percentage and level of affordability of the offered BMR units;1 a maximum parking ratio that limits the quantity of parking stalls the City may require; "concessions/incentives" that reduce or modify development standards or regulatory requirements in order to achieve an identifiable and actual cost reduction for the project; and "waivers" that eliminate and/or reduce development standards that would physically preclude the construction of the project.

Under State law, the BMR units that are required by a City's local inclusionary housing ordinance also count towards qualifying a project as a Density Bonus project. Since the City requires projects with 10 or more units to provide 15% of those units as BMR units, nearly every project with 10 or more units automatically qualifies as a Density Bonus project by default.

The project includes a request for 22 waivers and one concession from various standards of the Zoning Code and the Multi -Family Development Design Standards (MFDDS), which are itemized in the applicant's Housing Incentive Request (reference Attachment E ). As discussed at the Planning Commission's May 14, 2024, study session (YouTube video link) (reference Attachment F – Staff Report), Bankers Hill 150 v. City of San Diego (2022) severely limits the City's ability to reject waiver requests. Specifically, the case established that when an applicant has requested a waiver(s) and/or concession(s), the City "may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes 'amenities' beyond the bare minimum of building components."

◼ Housing Accountability Act: The Housing Accountability Act (HAA) limits the City's ability to "deny, reduce the density for, or render infeasible" the project unless: 1) the proposal is found to be in violation of an objective general plan/zoning standard (other than those waived/reduced through use of the Density Bonus law); or 2) the project will result in a specific adverse impact to public health and safety. While changes to the project may be applied by the decision -making body to further applicable goals, policies, and strategies – any changes not based on objective standards may not make the project infeasible or reduce the number of units. For example, the decision-making body may not deny a project because of its proposed paint color, but still retains the authority to condition such a change, provided the change is rooted in a finding or a policy, except where a waiver or concession has already been requested to the standard.

◼ Housing Crisis Act: Originally adopted as SB-330 in 2019 and amended by SB-8 in 2021, the Housing Crisis Act is a broad law that contains various components,

1 Qualifying projects can increase their density, however, they may be proposed without the corresponding density increase if the applicant wishes to only utilize concessions or waivers, or the reduced parking standard.
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among which is a vesting pre -application process. This particular provision, in association with related changes to the Permit Streamlining Act, allows a developer to submit preliminary plans to the City that vest ("lock -in") zoning code standards, General Plan policies, and building/fire codes that are in effect at the time of submittal. This project is governed by a preliminary application submitted June 20, 2023. The consequence of the pre -application is rather limited, however, simply allowing the proje ct to avoid the more stringent stormwater management requirements of the new Municipal Regional Stormwater (MRP) "3.0" NPDES Permit that went into effect on July 1, 2023.

ANALYSIS
Findings for Approval : To grant a land use approval, the decision -making body must affirmatively establish that the project meets codified findings for approval. Findings establish the evidentiary basis for a City's decision to grant or deny a land use approval and to impose conditions of approval as necessary to establish the findings. The applicable findings depend upon the type of land use permit under review. This application requires establishment of four sets of findings, including:
• Housing Development Project Permit (related to the proposed housing structures)
• Subdivision Map (related to the creation of new parcels) • Density Bonus (related to Density Bonus waiver and concession requests) • Fence Exception (related to a required 8-foot sound wall) The following analysis identifies each of the applicable findings in italics and how the proposed project satisfies them.

Housing Development Project Permit (CMC Sec. 21.07.070.A) : These findings pertain to the architectural design and placement of the proposed residential structures, as well as the overall site layout of the project, as prescribed by the Multi-Family Development and Design Standards (MFDDS). As required by State law, staff review of projects under the MFDDS is strictly limited to consistency with objective standards (from the MFDDS, Zoning Code, and General Plan) and adequacy of project materials per the application checklist . To this end, the City's initial review letter (reference Attachment G) identified only technical and code compliance deficiencies, without reference to any subjective design criteria or suggested design improvements, as was common in the past.

A. The project, as conditioned, complies with all objective standards;

Yes. Other than the deviations included as part of the applicant's Density Bonus Housing Incentive Request, the project is compliant with all applicable objective standards of the General Plan, Zoning Code, and MFDDS.
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B. The project, as conditioned, is consistent with all applicable General Plan goals, policies, and actions;

Yes. The General Plan land use designation for the project site is Medium Density Residential (18 -25 du/ac) on the City of Campbell General Plan Land Use Map. The General Plan also indicates that this "designation generally consists of duplexes, apartment buildings, townhomes…[and] is typically applied to transition areas between lower-density neighborhoods and higher -density developments or commercial areas" The proposed project would, therefore, be in keeping with anticipated development intensity of this designation by introducing both detached single -family homes and townhomes within an established residential neighborhood.

Additionally, since the project site is identified as an "opportunity site" in the 2023-2031 Housing Element, Policy H-1.5 requires the project to achieve at least 75 percent of the maximum General Plan Land Use density, or 18.75 units/gr. acre (75% × 25 units/gr. acre = 18.75/units gr. acre minimum density). Based on the proposed 108 units and the property's 5.56 acres gross lot area, the project would achieve a density of 19.42 units/gr. acre (108 units ÷ 5.56 gross acres), consistent with the General Plan and Policy H-1.5.

Lastly, the proposed project may also be found consistent with the following General Plan policies and actions:

Action LU-8.b: Require new residential projects throughout this District to demonstrate high quality building and site designs through the implementation of the city’s Multi -Family Development and Design Standards, all other applicable design requirements and applicable development standards.

Policy LU-2.1: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and natural resources.

Action LU-1.g: Through the development review and permit process, ensure that residential developments fall within the minimum and maximum density range stipulated on the Land Use Map.

Policy H-1.1: Inclusionary Housing: Ensure that new residential development in Campbell integrates units affordable to very low-, low -, and moderate -income households, or contributes funds to support the development of affordable housing.

Policy H-1.4: Planned for Densities: All housing opportunity sites shall achieve 75 percent of the maximum General Plan Land Use density.

C. In the event of a conflict between General Plan and Zoning Standards, the standards contained in the General Plan were applied;

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Not Applicable. There is no conflict between the General Plan and applicable Zoning standards.

D. The project will not result in a specific adverse impact to public health and safety that cannot be mitigated without rendering the project infeasible;

Yes. As discussed in the 'Environmental (CEQA) Determination,' section, above, the project would not impact public health or the environment.

Subdivision Findings (Govt. Code § 66410 et seq.) : These findings are required by the Subdivision Map Act and must be established to allow approval of the Tentative Vesting Subdivision Map, which would create 18 “fee simple” single -family parcels, 12 residential parcels with 90 townhome -style condominium units, and 12 common lots accommodating improvements such as private streets, landscaping, and guest parking stalls that would be managed by a homeowners association (HOA).

A. That the proposed map is consistent with applicable general and specific plans;

Yes, as discussed in Housing Development Project Permit 'B,' above.

B. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
Yes. The General Plan does not provide any specific guidance as to the design and/or improvements of a new subdivisions. Additionally, the City has no adopted specific plans.

C. That the site is physically suitable for the type of development; Yes. The project site is relatively flat, requiring minimal grading to accommodate the proposed subdivision and can be adequately served by all required utilities necessary for residential use.

D. That the site is physically suitable for the proposed density of development; Yes. The project site can physically accommodate the proposed development, in that new residences would include adequate living area and access to open space.

E. That the design of the subdivision or the propose d improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
Yes. The site has no value as habitat for endangered, rare, or threatened species (i.e., wetland), the project will not result in any significant effects related to traffic, noise, or air/water quality, as conditioned.

F. The design of the subdivision or the type of improvements will not cause serious public health problems; and
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Yes. The proposed subdivision will not result in any public health impacts in that the residential use would not result in the release of any hazardous substances, emissions, or waste.

G. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or that alternative easements for access will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

Yes. As a condition of approval, an existing PG&E easement along the northerly property line must be quitclaimed prior to recordation of the tract map. Additionally, the Tentative Vesting Subdivision Map provides for necessary public and private easements required to service the subdivision.

Density Bonus Findings (CMC Sec. 21.20.140.2): These findings are required to grant the requested waivers and a concession allowed for under the State Density Bonus Law.

A. The residential project is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested; conforms to all standards for affordability included in this chapter; and includes a financing mechanism for all implementation and monitoring costs; Yes. As required by City's Inclusionary Housing Ordinance, 15% of the project's 108 units (16 units, rounded up) must be provided at below -market-rate (BMR). Specifically, in compliance with CMC Sec. 21.24.040, seven (7) units (40%, rounded up) will be restricted to Low-Income households and nine (9) units to Moderate-Income households (60% rounded, down), as depicted in the Affordable Housing Plan (reference Attachment H). The seven (7) Low -Income units and four (4) of the Moderate -Income units also consti tute the "target units" under Density Bonus Law (DBL) by providing at least 10% of the base units as affordable to Moderate -Income households (or to a greater degree of affordability), pursuant to Gov. Code § 65915(b)(1)(D). As such, the project is eligible for unlimited waivers, one concession/incentive, and a 5% Density Bonus (which, as noted, is not being exercised).

B. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required by Section 21.20.110 ;
Yes. The applicant is utilizing the one allowable waiver to seek relief from the City's Tree Preservation requirements. Under Schreiber v. City of Los Angeles (2021) the City is significantly constrained from requiring an applicant to submit documentation to substantiate that requested incentives/ concessions are necessary to make the housing development financially feasible. Nonetheless, the requested concession provides a prima facie case of cost savings since compliance would have likely required signifi cant alterations to the project's site layout and/or building types (i.e., use of apartment 9 Packet Pg. 234
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buildings rather than townhomes or single -family homes) to preserve protected trees.

Although the applicant is not required to comply with the tree -replacement requirements, the project is proposing new trees in exceedance of what would otherwise have been required by the Tree Preservation Ordinance.

C. If the density bonus is based all or in part on dedication of land, the approval body has made the findings included in Government Code Section 65915(h); Not applicable. Dedication of land is not proposed.

D. If the density bonus, incentive, or concession is based all or in part on the inclusion of a childcare facility, the approval body has made the finding included in Government Code Section 65915(i);
Not applicable. A childcare facility is not proposed.

E. If the incentive or concession includes mixed use buildings or developments, the approval body has made the finding included in Section 21.20.110 (4)(g); Not applicable. Mixed-use zoning is not proposed.

F. If a waiver or modification is requested, the applicant has shown that the waiver or modification is necessary to make the housing units economically feasible by providing appropriate financial analysis and documentation as described in Section 21.20.110 (5), and that the development standards will have the effect of precluding the construction of the residential project at the densities or with the incentives or concessions permitted by this section.

Yes. As discussed in this report, the City is limited in its ability to require applicants to demonstrate that proposed waivers and concessions/incentives are necessary to allow a project to be physically developed or to achieve an actual cost reduction, respectively.

Nonetheless, staff has worked closely with the applicant to balance the applicant's desire to develop the project "as designed," against consistency with the MFDDS. An update to the MFDDS will reflect the "lessons learned" from reviewing the f irst wave of these new projects with the aim that future projects will entail fewer waivers and concessions.

Fence Exception Findings (CMC Sec. 21.42.060.B) : Consistent with CMC 21.16.070 (Noise), an acoustical study was prepared for the project, which recommended construction of an 8 -ft sound wall along the portion of the site abutting San Tomas Expressway, which would exceed the normal 6 -ft height maximum. The Zoning Code provides that the decision -making body may authorize an increased fence height in review of associated development application, when it can establish the following findings for a "Fence Exception".
(1) The [increased height] would not impair pedestrian or vehicular safety; 9 Packet Pg. 235
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Yes. The sound wall would be located along the westerly property line parallel with the expressway and away from any intersection, such that pedestrian and vehicular would not be impacted.
(2) The [increased height] would result in a more desirable site layout; Yes. The sound wall is necessary to accommodate the placement of the townhome units at the northwest corner of the property. (3) The [increased height] would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the change;
Yes. The sound wall is designed to allow for the comfortable enjoyment of futures residents by limiting traffic noise from the expressway. (4) The [increased height] would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

Yes. A condition of approval will require that the sound wall be textured with painted stucco or plaster with a decorative capping.

Phasing Plan: In order to accommodate Pacific Clinics’ desire to continue to operate a youth services facility on the property until a suitable replacement can be located, the applicant is seeking to build -out the project in two distinct phases, as depicted in the proposed Phasing Plan (reference Attachment I). Phase 1 would include the bulk of project, including all 18 detached single -family homes and 70 townhome units in nine buildings on 4 ½ acres. Phase 2 would include the remaining 20 townhome units in three buildings on one acre, located at the northwest corner of the property, where the youth services facility is located.

CMC Sec. 21.56.030.A.3 (Phasing) allow phasing of development projects, provided that a “final phasing plan” is approved by the decision -making body. With phased projects, the City has historically required each phase to be independent in terms of compliance with the General Plan, Zoning Code, and Subdivision Code, recognizing the possibility that subsequent phases of a project may not ultimately be constructed. To this end, staff has confirmed that, as conditioned, the proposed phases are independently consistent with the General Plan and applicable development standards, including provision of BMR units, as established in the evidentiary findings contained in the draft resolution for approval.

Public Comment: Public correspondence is included as Attachment J.

FISCAL IMPACT

In addition to the entitlement application fees already paid, and standard permits fees required for building permit and off -site improvement review, the developer will contribute over $2,275,000 in parkland fees. The project would have been eligible for a 9 Packet Pg. 236
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50% reduction in these fees if the "large site open space" (the community park) had been configured consistent with all MFDDS requirements. However, since the developer is exercising a Density Bonus waiver to one of the primary requirements, it was determined to be ineligible for the fee reduction. Additionally, at project completion, the City's share of property tax revenue is anticipated to be approximately $2 00,000 annually.

Prepared by:

Daniel Fama, Senior Planner
Reviewed by:

Rob Eastwood, Community
Development Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Draft Resolution
b. CEQA Commitment Letter
c. Project Plans
d. Housing Incentive Request
e. PC Meeting Minutes (June 25, 2024)
f. Planning Commission Staff Report, dated May 14, 2024 g. Review Letter
h. Affordable Housing Plan
i. Phasing Plan
j. Public Correspondence
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RESOLUTION NO. ___

BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CAMPBELL APPROVING A MAJOR HOUSING DEVELOPMENT

PROJECT PERMIT WITH USE OF DENSITY BONUS LAW (DBL)

WAIVERS AND A CONCESSION FROM THE ZONING CODE AND

MULTI-FAMILY DEVELOPMENT AND DESIGN STANDARDS
(MFDDS) TO ALLOW CONSTRUCTION OF A 108 -UNIT HOUSING
DEVELOPMENT PROJECT, INCLUSIVE OF 18 DETACHED SINGLE-
FAMILY HOMES AND 90 TOWNHOME -STYLE CONDOMINIUM
UNITS ACROSS 12 BUILDINGS , WITH ASSOCIATED SITE AND
LANDSCAPING IMPROVEMENTS ; AND A TENTATIVE VESTING
SUBDIVISION MAP TO ALLOW CREATION OF 30 RESIDENTIAL
LOTS, 12 COMMON LOTS , AND RELATED PUBLIC AND PRIVATE
EASEMENTS, ON PROPERTY LOCATED AT 251 LLEWELLYN
AVENUE. FILE NO.: PLN-2023-164

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

The City Council finds as follows with regard to the approval of a Major Housing Development Project Permit with use of Density Bonus Law (DBL) waivers and a concession, and a Tentative Vesting Subdivision Map ("Proposed Project"):

Environmental Findings:

1. The Proposed Project may be found Exempt under Sections 15183 and 15168 of the California Environmental Quality Act (CEQA) , which exempts from additional environmental review projects that are consistent with the development density established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified, except as might be necessar y to examine whether there are project-specific significant effects which are peculiar to the project or its site.

2. Section 15183 specifies that examination of environmental effects shall be limited to those effects that: (1) Are peculiar to the project or the parcel on which the project would be located, and were not analyzed as significant effects in the EIR on the zoning action, general plan, or community plan, with which the project is consistent, (2) Are potentially significant off -site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or (3) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.

3. Section 15183(c) further specifies that if an impact is not peculiar to the parcel or to the proposed project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, then an additional EIR need not be prepared for that project solely on the basis of that impact.

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4. As supported by substantial evidence in the administrative record, including technical studies that have been peer-reviewed by the City's environmental consultant, and as summarized in a Section 15183 Checklist, available for public review on the City's website and at the Campbell Community Development Department , the City has determined that the Proposed Project, inclusive of voluntary project commitments that are incorporated herein by reference , qualifies for an exemption from additional environmental review because it is consistent with the development density and use characteristics established by the Campbell 2040 General Plan, as analyzed by the Envision Campbell General Plan and Housing Element Update Final Program EIR (SCH # 2022030566), and all required findings can be affirmatively established .

Evidentiary Findings:

1. The Proposed Project is an application for a M ajor Housing Development Project Permit with use of Density Bonus Law (DBL) waivers and a concession from the Zoning Code and Multi-Family Development and Design Standards (MFDDS) to allow construction of a 108 -unit housing development project, inclusive of 18 detached single-family homes and 90 townhome -style condominium units across 12 buildings, with associated site and landscaping improvements; and a Tentative Vesting Subdivision Map to allow creation of 30 residential lots, 1 2 common lots, and related public and private easements.

2. The Project Site is a 5.56 gross acre parcel located at the northwest corner of Llewellyn and Latimer Avenues, and borders residential uses to the north, south, and east, and abut ting San Tomas Expressway (Santa Clara County Route G4 ) to the west.

3. The Project Site is designated Medium Density Residential (18-25 du/ac) on the City of Campbell General Plan Land Use Map.

4. The Project Site is designated Medium Density Residential (MDR) on the City of Campbell Zoning Map.

5. The Project Site is designated T4 Neighborhood.Medium (T4N.M) on the City of Campbell Form-Based Zone Map.

6. The Project Site is currently developed with an institutional facility providing behavioral health services, comprising several buildings, all of which would be demolished as part of the Proposed Project.

7. The Project Site is identified as an "opportunity site" in the City of Campbell 2023- 2031 Housing Element.

8. The Proposed Project would achieve a density 19.42 units/gr. acre (108 units ÷ 5.56 gross acres), consistent with Housing Element Policy H -1.5, which requires that housing opportunity sites achiev e at least 75 percent of the maximum General Plan Land Use density (75% × 25 units/gr. acre = 18.75/units gr. acre minimum density).

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9. The Proposed Project was submitted pursuant to a Housing Crisis Act ("SB -330") preliminary application filed in compliance with Government Code § 65941.1 on June 20, 2023 (PLN-2023-117), predating the July 1, 2023, implementation of the new Municipal Regional Stormwater (MRP) "3.0" NPDES Permit.

10. Pursuant to Campbell Municipal Code ( CMC) Chapter 21.24 (Inclusionary Housing Ordinance), 15% of the units within the Proposed Project must be restricted to Low - Income and Moderate -Income households. Specifically, as required by CMC Sec.

21.24.040, seven (7) units shall be restricted to Low-Income households and nine (9) to Moderate-Income households, as demonstrated in the Affordable Housing Plan, included herein as Exhibit B.

11. The seven (7) Low -Income units and four (4) Moderate -Income units also constitute "Target Units" under Density Bonus Law (DBL), by providing at least 10% of the Proposed Project's base units as affordable to Moderate -Income households (or a greater degree of affordability), as specified by Government Code § 65915(b)(1)(D).

12. Pursuant to CMC Chapter 21.20 (Density Bonuses and Other Housing Incentives) and California Government Code Sections 65915-65918, the Proposed Project is eligible for unlimited waiver s from or reductions to development standards, one (1) waiver/incentive, and a 5% Density Bonus. The requested waiv ers and concession are itemized in the Housing Incentive Request, included herein as Exhibit C . An increase in density ("bonus") is not requested as part of the Proposed Project.

13. The City's review of the requested Density Bonus waivers and concession was conducted consistent with Bankers Hill 150 v. City of San Diego (2022) , which established that the City "may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes 'amenities' beyond the bare minimum of building components," when an applicant has requested a waiver (s) and/or concession(s), as well as with Schreiber v. City of Los Angeles (2021), which restricts the City's ability to require information to substantiate the basis for a requested waiver(s) or concession(s).

14. The Project Site is identified as a "large site," subject to preparation of a Walkable Neighborhood Plan (WNP) as required MFDDS § 3.020, Table 3.020.B (Applicability of Design Site Requirements ), consistent with the requirements of MFDDS § 8.020 (Walkable Neighborhood Plan). Among these requirements is the creation of a "large site open space ," which, when made accessible to the public renders the project eligible for a 50% reduction of the fee in -lieu of parkland dedication as specified by CMC Sec. 20.24.110(c) . However, the credit is contingent on the open space satisfying the "definition of 'Large Site Open Space, Public' and [the] requirements of Chapter 8 (Specific to Large Sites) of the Multi -Family Development and Design Standards." Although the proposed "large site open space" satisfies the minimum area/size requirements of a " Green" (MFDDS § 8.030.7), it does not satisfy a requirement that a "thoroughfare" be located on at least one side of the "Green" as specified by MFDDS § 8.030.5.A and § 8.030.7.3. Although a requested DBL waiver will grant relief from this requirement, noncompliance renders the Proposed Project ineligible for the park in-lieu fee reduction.

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15. The Proposed Project's requested concession is relief is from the Tree Removal Permit requirement of CMC Chapter 21.32 (Tree Protection Regulations). As a result, there is no obligation to demonstrate that the alternative site configurations and adjustments allowed by MFDDS § 9.020 have been exhausted in order to preserve on-site "protected" trees.

16. The Proposed Project, by creation of two or more housing units, constitutes a "Housing Development Project" under the Housing Accountability Act (HAA) (Government Code Section 65589.5). The City is, therefore, limited in its capability to "deny, reduce the density for, or render infeasible" the proposed project unless: 1) the proposal is found to be in violation of an objective general plan/zoning standard; or 2) the project will result in a specific adverse impact to public health and safety.

17. The Proposed Project is consistent with the "no net loss" and "protected units" replacement provisions of the Housing Crisis Act (HCA) (Government Code Section 66300(d)), as it does not include the demolition of any existing housing unit(s), as certified by the submission of a signed "Housing Crisis Act (SB330/SB 8) Compliance Form," included in the administrative record.

18. The Proposed Project complies objective zoning and design review standards of the Campbell Municipal Code (CMC) and Multi -Family Development and Design Standards (MFDDS), accounting for incentives or concessions, waivers or reductions of development standards, as provided by State Density Bonus Law.

19. The Proposed Project is exempt from analysis under the City's amended Vehicle Miles Traveled (VMT) Policy, which presumes a development will have a less -than- significant transportation impact when 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 TAZ; and (3) the proposed project is consistent with General plan VMT policies.

20. Based on trip generation values provided by the Institute of Transportation Engineers (ITE) Trip Generation Manual, the Proposed Project would result in less than 100 new AM or PM trips, therefore not requiring preparation of a traffic impact analysis pursuant to the Congestion Management Program, as specified by the VTA Transportation Impact Analysis (TIA) Guidelines.

21. The Proposed Project would include two pre-approved phases pursuant to CMC Sec.

21.56.030.A.3 (Phasing) and Sec. 21.07.120 (Phasing). As depicted on the proposed Phasing Plan, included herein as Exhibit D, these include Phase 1 , inclusive of approximately 4.58 acres and 88 units and Phase 2, inclusive of approximately 0.975 acres and 20 units.

22. The residential density of the Proposed Project, for each individual phase, would remain consistent with the General Plan, at 20.5 units/gr. acre (20 units ÷ 0.975 acres) and 19.2 units/gr. acre (88 units ÷ 4.58 acres), for Phase 1 and Phase 2, respectively, consistent with the Medium Density Residential (18-25 du/ac) General Plan land use designation and Housing Element Policy H-1.5.

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23. The provision of below -market-rate (BMR) units would be "reasonably dispersed" within each phase in that both phases would proportionally include 15% of the total units as BMR units as required by CMC Sec. 21.24.040.C (Location and design of affordable units), as identified the Affordable Housing Plan ( Exhibit B). Further, as allowed by CMC Sec. 21.24.050.C, the required "Affordable Housing Agreement" will reflect the Phasing Plan to allow the timed construction of the BMR of units by phase.

24. As conditioned, the two "final maps" to create the new tracts will be consistent with the Phasing Plan, as required by CMC Sec. 21.56.030.3.b(2).

25. As conditioned, Phase 1 of the Proposed Project can stand alone in terms of parking, open space, and emergency vehicle access (EVA) if Phase 2 is not developed.

26. Consistent with CMC 21.16.070 (Noise), an acoustical study was prepared for the Proposed Project, which recommended construction of an 8-ft sound wall that may be approved pursuant to CMC Sec. 21.18.060.G (Fences as part of a development application).

27. The Proposed Project, as conditioned, would be consistent with the following General Plan policies and Actions:

Action LU-8.b: Require new residential projects throughout this District to demonstrate high quality building and site designs through the implementation of the city’s Multi - Family Development and Design Standards, all other applicable design requirements and applicable development standards.

Policy LU-2.1: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces, and natural resources.

Action LU-1.g: Through the development review and permit process, ensure that residential developments fall within the minimum and maximum density range stipulated on the Land Use Map.

Policy H-1.1: Inclusionary Housing: Ensure that new residential development in Campbell integrates units affordable to very low -, low -, and moderate-income households, or contributes funds to support the development of affordable housing.

Policy H-1.4: Planned for Densities: All housing opportunity sites shall achieve 75 percent of the maximum General Plan Land Use density.

28. Pursuant to CMC Sec. 21.07.100, the decision-making body may impose conditions, as it deems reasonable and necessary under the circumstances, to carry out the intent of Chapter 21.07 (Housing Development Regulations) and the Campbell General Plan.

29. As a condition of approval, the applicant shall record Covenants, Codes and Restrictions (CC&Rs) for the Proposed Project, forming a Homeowner's Association (HOA) and formalizing the operational responsibilities of the HOA.

30. No substantial evidence has been presented which shows that the Proposed Project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment.

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31. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the Proposed Project.

32. There is a reasonable relationship between the use of the fees imposed upon the Proposed Project and the type of development project.

Based upon the foregoing findings of fact and in consideration of the entire administrative record, the City Council further finds and concludes that:

Housing Development Permit (CMC Sec. 21.07.070.A):

1. The project, as conditioned, complies with all objective standards;

2. The project, as conditioned, is consistent with all applicable General Plan goals, policies, and actions;

3. In the event of a conflict between General Plan and Zoning Standards, the standards contained in the General Plan were applied;

4. The project will not result in a specific adverse impact to public health and safety that cannot be mitigated without rendering the project infeasible; Tentative Subdivision Map Findings (Govt. Code § 66410 et seq.):

5. That the proposed map is consistent with applicable general and specific plans;

6. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;

7. That the site is physically suitable for the type of development;

8. That the site is physically suitable for the proposed density of development;

9. That the design of the subdivision or the propose improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

10. The design of the subdivision or the type of improvements will not cause serious public health problems;

11. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or that alternative easements for access will be provided, and that these will be substantially equivalent to ones previously acquired by the public;
Density Bonus Findings (CMC Sec. 21.20.140.2):

12. The residential project is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested; conforms to all

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standards for affordability included in the Campbell Municipal Code; and includes a financing mechanism for all implementation and monitoring costs;

13. Any requested concessions will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis;

14. The requested waivers are necessary to make the housing units economically feasible by providing appropriate financial analysis and documentation as described in Section

21.20.110(5), and that the development standards will have the effect of precluding the construction of the residential project at the densities or with the incentives or concessions permitted by this section;

15. The requested waivers and concessions would not have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or on any real property that is listed in the California Register of Historical Resources;

16. The requested waivers and concession or incentive would not be contrary to state or federal law;
Fence Exception Findings (CMC Sec. 21.42.060.B)

17. The [increased height] would not impair pedestrian or vehicular safety;

18. The [increased height] would result in a more desirable site layout;

19. The [increased height] would not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the change;

20. The [increased height] would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; Environmental Findings (CMC Sec. 21.38.050):

21. The Proposed Project is consistent with the development density established by the 2040 Campbell General Plan for which a Final Program EIR was certified;

22. There are no project-specific effects which are peculiar to the Proposed Project or the Project Site, and which the Envision Campbell General Plan and Housing Element Update Final Program EIR failed to analyze as significant effects;

23. There are no potentially significant off -site and/or cumulative impacts which the Envision Campbell General Plan and Housing Element Update Final Program EIR failed to evaluate;

24. There is no substantial new information which results in more severe impacts than anticipated by the Envision Campbell General Plan and Housing Element Update Final Program EIR;

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25. The Proposed Project will undertake feasible mitigation measures specified in the Envision Campbell General Plan and Housing Element Update Final Program EIR; and

26. There are no unusual circumstances that would prevent the project from qualifying as Exempt per Section 15300.2 of the CEQA Guidelines.

THEREFORE, BE IT RESOLVED that the City Council approves a Major Housing Development Project Permit with use of Density Bonus Law (DBL) waivers and a concession (identified in Exhibit C) from the Zoning Code and Multi-Family Development and Design Standards (MFDDS) to allow construction of a 108-unit housing development project, inclusive of 18 detached single -family homes and 90 townhome -style condominium units across 12 buildings, with associated site and landscaping improvements; and a Tentative Vesting Subdivision Map to allow creation of 30 residential lots, 12 common lots, and related public and private easements; and finding the Proposed Project exempt from formal env ironmental review under Section 15183 of the California Environmental Quality Act (CEQA) , including partial reliance on a previously certified Program EIR per Section 15168, for property located at 251 Llewellyn Avenue, subject to the attached Conditions of Approval (attached Exhibit A)

PASSED AND ADOPTED this _______ day of ________________, 2024, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

Susan M. Landry, Mayor

ATTEST:

Andrea Sanders, City Clerk

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EXHIBIT A

CONDITIONS OF APPROVAL
PLN-2023-164

Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review.

Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified.

COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division

1. Approved Project: Approval is granted for a Major Housing Development Project Permit with use of Density Bonus Law (DBL) waivers and a concession (identified in Exhibit C) from the Zoning Code and Multi-Family Development and Design Standards (MFDDS) to allow construction of a 108-unit housing development project, inclusive of 18 detached single-family homes and 90 townhome -style condominium units across 12 buildings, with a ssociated site and landscaping improvements; and a Tentative V esting Subdivision Map to allow creation of 30 residential lots, 1 2 common lots, and related public and private easements , on property located at 251 Llewellyn Avenue . The Approved Project shall substantially conform to the Approved Project Plans included as Attachment C of the June 25, 2024, City Council Staff Report, except as may be modified by Conditions of Approval contained herein.

2. Permit Expiration/Approved Phasing : Approval of the Major Housing Development Project Permit and Tentative Vesting Subdivision Map ("Approval") granted herein incorporates two pre -approved phases pursuant to Section 21.56.030.A.3.b (Pre - approved phases) as depicted on the Approved Phasing Plan, included as Exhibit B.

Phase 1 shall be valid for a period of two (2) years from the effective date of City Council action (expiring July 9, 2026). Within this two -year period, the Tract Map for Phase 1 must be recorded with the Santa Clara County Clerk-Recorder. Phase 2 shall be valid for a period of two (2) additional year s from the date that a Tract Map i s recorded for Phase 1. Within this two-year period, the Tract Map for Phase 2 must be recorded with the Santa Clara County Clerk-Recorder.

Failure to record a Tract Map for Phase 1 within the time period provided above shall result in the expiration of this Approval without further action by the City . Failure to record a Tract Map for Phase 2 within the time period provided above shall result in the expiration of the Phase 2 approval without effect to Phase 1. Such partial expiration of this Approval shall not preclude a new application for a Housing Development Project Permit and Tentative Subdivision Map for completion of the Approved Project.

The applicant may also request an extension of the permit expiration date to either approval period in compliance with Section 21.56.030.C (Extensions of time)

Further, upon issuance of a Building Permit construction of the Approved Project shall commence no later than two and one-half years from the effective date of City Council approval (by February 20, 2027) pursuant to Gov. Code § 65589(o).

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3. Indemnity Agreement: Within ten (10) calendar days of this Approval, the applicant and property owner shall enter into an agreement satisfactory to the City Attorney to indemnify and defend the City of Campbell, its officers, officials, employees, and agents from any and all actions, liabilities, losses, and torts, includ ing attorney’s fees arising out of or connected unto any challenge to the decision of the City on this application.

4. Final Maps: Two (2) "final maps" to create the new tracts authorized by this Approval may be recorded consistent with the Phasing Plan.

5. Street Name s: The tract map shall indicate the street name(s) authorized by the Community Development Director.

6. Minor Revisions: Minor revisions to the Approved Project Plans, not otherwise subject to an Administrative Housing Development Project Permit as specified by CMC Sec.

21.07.040.A.2, may be ministerially approved by the Community Development Director pursuant to CMC Sec. 21.56.060.

7. Developer Affordable Housing Agreement : Sixteen (16) units within the Approved Project shall be subject to the City of Campbell Inclusionary Housing Ordinance (15% of the total 108 units, rounded up) and shall be sold at a cost below-market-rate (BMR).

Specifically, in compliance with CMC Sec. 21.24.040, of these sixteen (16) units, seven (7) units (40%, rounded up) shall be restricted to Low-Income households and nine (9) units to Moderate -Income households (60% rounded, down) . Further, as depicted in Exhibit B (Affordable Housing Plan), five (5) Low-Income units and eight (8) Moderate- Income units shall be provided in Phase 1 and the remaining two (2) Low-Income units and one (1) Moderate Income units shall be provided Phase 2.

The seven (7) Low -Income units and four (4) Moder ate-Income units shall also constitute the Approved Project's "Target Units" under Density Bonus Law (DBL) by providing at least 10% of the Approved Project's base units as affordable to Moderate- Income households (or to a greater degree of affordability), pursuant to Gov. Code § 65915(b)(1)(D).

The property owner shall enter into a combined Inclusionary Hou sing and Density Bonus Affordable Housing Agreement ("Affordable Housing Agreement") with the City in compliance with CMC Chapter 21.24 (Inclusionary Housing Ordinance) and CMC Chapter 21.20 (Density Bonuses and Other Housing Incentives ), and incorporate two phases of development . The Affordable Housing Agreement shall restrict the eleven (11) "Target Units" for a period of fifty -five (55) years in compliance with CMC Sec.

21.20.080.A and Gov. Code § 65915(b)(1)(D). The remaining five (5) units shall be restricted for a period of forty-five (45) years in compliance with CMC Sec. 21.24.060.

In addition, the Affordable Housing Agreement shall stipulate the following:
a. An Equity Sharing Agreement, Covent, and/or other similar document, to the satisfaction of the Community Development Director, shall be required for each of the BMR units and shall remain in effect for the time periods specified, above, from the date that a Certificate of Occupancy is granted, and shall also require

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homeowner participation in the Annual Certification process conducted by the City through its Housing Administrator.
b. The residents of the BMR units shall have the same access to project amenities and recreational facilities as market-rate units.
c. All BMR units shall be comparable to the design of the market-rate units in terms of appearance, materials, and finished quality of the market -rate units. There shall not be significant identifiable differences between the BMR units and market-rate units which are visible from the exterior of the dwelling units. d. If air conditioning systems are provided for the market-rate units, all BMR units shall also be provided with air conditioning systems.
e. The City will maintain, through its Housing Administrator, a list of Eligible Households, reflecting the City’s local selection preference criteria (CMC Sec.

21.24.040.F and CMC Sec. 21.20.110) and the property o wner agrees that buyers will be selected from this list. The Housing Administrator, with approval from the City, will finalize the eligibility determination and refer Eligible Households to the property owner to enter into a sales contract. f. Property owner, buyers, and applicants shall be responsible to pay fees in accordance with the BMR (Below Market Rate) Administrator Fee Schedule available online as follows: https://www.ci.campbell.ca.us/1079/Assembly-Bill- AB-1483
g. All BMR units shall be priced according to the ‘Methodology for Determining Maximum Affordable Homeownership Unit Sales Price’ available online as follows: https://www.ci.campbell.ca.us/1079/Assembly-Bill-AB-1483 The Affordable Housing Agreement shall be approved by the Community Development Director and be recorded in the Official Records of Santa Clara Cou nty prior to recordation of the Tract Map. A fee in accordance with the City's adopted FY22/23 Fee Schedule for the preparation of the Affordable Housing Agreement shall be due.

8. Open Space Lots: The Tract Map shall include a note indicating: "Lot E through L are reserved for open space and are not developable lots." It is the intent of the City Council in approving the Tentative Vesting Subdivision Map that these parcels remain reserved in perpetuity as open space for the housing development project. However, this restriction shall not be construed as to prevent construction of additional recreational facilities upon these lots as may be approved by the City in the future, nor shall imply in any manner than these lots constitute publicly accessible open space.

9. Sound Wall Design : The noise barrier (wall) required by Condition of Approval No.

21.f(3) shall be textured with painted stucco or plaster with a decorative capping. A detail-drawing of this noise wall shall be included in the construction drawings submitted for a building permit to the satisfaction of the Community Development Director.

10. Timing of Tree Removal : On-site tree(s) shall be removed only in conjunction with demolition of existing on-site structures upon issuance of a Demolition Permit.

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11. Water Efficient Landscape Standards: This project is subject to the updated California Model Water Efficient Landscape Ordinance (MWELO). The building permit application for grading and on -site improvements shall demonstrate compliance with the applicable MWELO and landscaping requirements and shall include the following.

a. A Landscape Documentation Package prepared by an authorized and licensed professional demonstrating compliance with the full MWELO requirements with the following required elements:
1) Project Information per Section 492.3.
2) Water Efficient Landscape Worksheet per Section 492.4 (Appendix B of the MWELO), include within the construction plans and as a separate PDF document.
3) Soil Management Report per Section 492.5 (unless significant mass grading is planned, in which case the report shall be submitted prior to permit final).
4) Landscape Design Plan per Section 492.6.
5) Irrigation Design Plan per Section 492.7.
6) Grading Design Plan per Section 492.8.

Note: A Soil Management Report (if not submitted as part of the Landscape Documentation Package) and Certificate of Completion will be required prior to permit final.

12. Landscape Maintenance : Once installed, all landscaping shall be maintained in compliance with Campbell Municipal Code Section 21.26.040 (Landscaping Maintenance Requirements) and Section 21.16.110.C.2 (Landscape Maintenance).

Dead or unhealthy plants shall be replaced with healthy plants of the sam e or similar type.

13. Fences/Walls: Other than the sound wall required by Condition of Approval No. 21.f(3), all newly proposed fencing and/or walls shall comply with CMC Section 21.18.060.

14. ADU Ready: In compliance with CMC Sec. 21.23.090, at least four (4) of the single- family dwellings shall be made "ADU ready" meaning pre-installation of electrical, domestic water, and sanitation utilities necessary to accommodate a future bathroom and kitchen to serve an ADU or alternatively include creation of the ADU.

15. Bird Safe Treatment : The construction plans submitted for a building permit shall incorporate design details for bird safe treatment, including exterior screens, louvers, grilles, shutters, and/or or bird -safe patterns as recommended by the American Bird Conservancy, on those portions of the building satisfying the thresholds specified by MFDDS § 7.080 (Bird Safety).

16. Condominium Plan: Prior to issuance of a Certificate of Occupancy, the applicant shall submit a condominium plan showing 90 condominium units.

17. On-Site Lighting : Construction plans submitted for a building permit shall include lighting fixture specifications demonstrating complianc e with MFDDS § 4.030.3 (Required Lighting).

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18. Covenants, Codes and Restrictions (CC&Rs) : Prior to recordation of the Tract Map, the applicant shall submit for review and approval by the City a copy of the draft CC&Rs which shall include the following provisions. The draft CC&Rs shall be accompanied with a response letter that indicates where in the CC&Rs each of the following provisions has been addressed. The applicant shall remunerate the City for the full cost incurred by the City to review the draft CC&Rs.
a. Formation of a Homeowner’s Association (HOA) to ensure the long -term maintenance of buildings and property.
b. Continued architectural controls to ensure the architectural integrity of the project consistent with the Approved Project Plans.
c. Definition of common areas to be maintained and provision of maintenance for these areas.
d. Provision which shall define the rights of use, allowable landscape or open space improvements.
e. Provision that all landscaping —including private landscaping located in front, side, and rear yards—shall be maintained in compliance with the Model Water Efficient Landscape Ordinance (MWELO) Landscape Documentation Package. f. Provision of a funding mechanism to ensure maintenance and upkeep of common areas.
g. Provision to provide ongoing maintenance of the required private roadways, landscaping, and etc.
h. Provision of liability insurance in amount in keeping with accepted industry standards covering all common areas and all damage or injury caused by negligence of the HOA, its board or any of its agents, or the Owners, against any liability to the public or to any Owner incident to the use of or resulting from any accident or intentional or unintentional act of an Owner or third -party occurring in or about any common area.
i. Provision that requires ongoing maintenance of the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height.
j. Provision for regular monitoring and maintenance of the stormwater system, in accordance with the manufacturer’s recommendations, including any permeable pavement.
k. Provision for regular monitoring and maintenance of the private sanitary system as documented by the design engineer.
l. Provision for the availability of interior garage space for the parking of vehicles at all times.
m. Provision to prohibit the use of outside parking spaces for storage purposes, including boats, trailers, and recreational vehicles.

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n. Provision to prohibit vehicle washing, and vehicle repair and maintenance activities in the project site, including, but not limited to garages and common parking areas.
o. Provision to reference the project's affordability restrictions and the HOA as the successors in interest.

19. Cultural Resources: As required by General Plan Action COS -6.b, the following requirements shall apply in the event of an inadvertent discovery of cultural resources or human remains:
a. If construction or grading activities result in the discovery of significant historic or prehistoric archaeological artifacts or unique paleontological resources, all work within 100 feet of the discovery shall cease, the Planning Division shall be notified, the resources shall be examined by a qualified archaeologist, paleontologist, or historian for app ropriate protection and preservation measures; and work may only resume when appropriate protections are in place and have been approved by the Planning Division.
b. If human remains are discovered during any ground disturbing activity, work shall stop until the Planning Division and the County Coroner have been contacted; if the human remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) and the most likely descendants have been consulted; and work may only resume when appropriate measures have been taken and approved by the Planning Division.

20. Construction Management Plan: As required by General Plan Action N -1.11, prior to issuance of a building permit the applicant shall submit a construction management plan that defines best management practices consistent with Condition of Approval No. 20 (Environmental Commitments) to reduce construction noise, and shall include proposed truck routes for review and approval by the City Engineer.

21. Environmental Commitments : As included in Exhibit B of the June 25 , 2024, City Council Staff Report, the following environmental requirements shall apply to the construction of the project:
a. AIR-1: Implement BAAQMD Best Management Practices During Construction .

There are various environmental protection measures that would reduce criteria pollutant and GHG emissions from the project site that were included in the CalEEMod model. Per the BAAQMD CEQA Air Quality Guidelines fugitive dust impacts are considered to be less-than-significant if basic best management practices (BMPs) are implemented. Environmental protection measures, of the basic BMPs for fugitive dust mitigation and additional measures that were included in the emissions model are shown below:
1) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

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2) All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3) All visible mud or dirt track out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day.

The use of dry power sweeping is prohibited.
4) All vehicle speeds on unpaved roads shall be limited to 15 mph. 5) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
6) All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 miles per hour (mph). 7) All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
8) Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6 - to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
9) Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations. 10) Idling time of off -road equipment will be minimized and signage will be posted at the Site entrance.
11) Off-road diesel-powered equipment will be prohibited from being in the “on” position for more than 10 hours per day.
12) All construction equipment will be properly maintained in accordance with the manufacturer's specifications.
b. AIR-2: Reduce Criteria Pollutants and GHG Emissions:
1) Exposed soil during construction will be watered a minimum of three times per day or when necessary to control particulate dust emissions during earthmoving activities.
2) Demolished areas will be watered during the demolition phase to control particulate dust emissions
3) Unpaved roads will be watered a minimum of twice per day and the posted speed limit within the project site during construction activities will be limited to 15 miles per hour.
4) Architectural coatings inside and outside the residential buildings will utilize low VOC content paints and primers. Paints and primers to be used are expected to be zero VOC and will adhere to VOC limits outlined in CalGreen Tables 4.504.1; 4.504.2; 4.504.3.

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5) Energy Star-certified appliances will be installed within the residences. 6) No natural gas appliances will be used at the project site. All appliances will run on electricity.
7) Low-flow or high -efficiency water fixtures will be used within the residences, including toilets, shower heads, sink faucets, etc. 8) Water efficient landscapes will be included in the project site. 9) Natural gas fireplaces will not be used at the project site. Fireplaces will run on electricity.
10) Heavy-duty diesel vehicle idling will be limited to less than 5 minutes when on site, in accordance with CARB regulations.
11) The project site will provide short-term bicycle parking. c. BIO-1: Pre -Construction Avian Survey . If any project construction related activities would take place during the nesting season (February through August), preconstruction surveys for nesting passerine birds and raptors (birds of prey) within the Property and the large trees within the adjacent riparian area should be conducted by a competent biologist 14 days prior to the commencement of the tree removal or site grading activities. If any bird listed under the Migratory Treaty Act is found to be nesting within the project site or within the area of influence, an adequate protective buffer zone should be established by a qualified biologist to protect the nest ing site. This buffer shall be a minimum of 75 feet from the project activities for passerine birds and a minimum of 200 feet for raptors. The distance shall be determined by a competent biologist periodically to see if the birds are stressed by constructi on activities and if the protective buffer needs to be increased. Once the young have fledged and are flying well enough to avoid project construction zones (typically in August), the project can proceed without further regard to the nest site.
d. BIO-2: Pre-Construction Survey for Roosting Bats . To avoid “take” of special - status bats prior to the removal of any existing trees or structures on the project site the project will implement the following:
1) A bat habitat assessment shall be conducted by a qualified bat biologist during seasonal periods of bat activity (mid -February to mid -October – ca. February 15 – April 15 and August 15 – October 30), to determine suitability of each existing structure for bat roost habitat. 2) Structures found to have no suitable openings can be considered clear for project activities as long as they are maintained so that new openings do not occur.
3) Structures found to provide suitable roosting habitat, but without evidence of use by bats, may be sealed until project activities occur, as recommended by the bat biologist. Structures with openings and exhibiting evidence of use by bats shall be schedule d for humane bat

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exclusion and eviction, conducted during appropriate seasons, and under supervision by a qualified biologist.
4) Bat exclusion and eviction shall only occur between February 15 and April 15, and from August 15 through October 30, in order to avoid take of non -volant (no -flying or inactive, either young or seasonally torpid) individuals.
5) OR, a qualified wildlife biologist experienced in surveying for and identifying bat species should survey the portion of the property with large trees and abandoned structures. If tree removal is proposed, the biologist shall determine if any special-status bats reside in the trees. Any special- status bats identified should be removed without harm. Bat houses sufficient to shelter the number of bats removed should be erected in open space areas that would not be disturbed by project development. e. NOI-1: Construction Noise Reduction Measures: The following measures shall be incorporated into the project on-site construction operations. 1) Noise-generating construction activities within the project area shall occur pursuant to the hours and days outlined in the City of Campbell Municipal Code to the maximum extent feasible. Specifically, construction activities shall be limited to the hours of 8 am – 5 pm daily, Monday through Friday, 9 am – 4 pm on Saturday, and no construction on Sunday.
2) All noise -producing project equipment and vehicles using internal - combustion engines shall be equipped with manufacturers - recommended mufflers and be maintained in good working condition. 3) All mobile or fixed noise -producing equipment used on the project site that are regulated for noise output by a federal, state, or local agency shall comply with such regulations while in the course of project activity. 4) Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from existing residences.
5) In the event that unusual circumstances or emergencies prevent certain project construction activities from complying with the City of Campbell General Plan, then a noise control plan shall be developed to ensure that sufficient mitigation is implemented during project construction to ensure adverse noise impacts are avoided.
f. NOI-2: Exterior and Interior Noise Reduction Design Features . To satisfy the City’s exterior and interior noise level criteria, the following noise mitigation measures are required:
1) Upgraded windows with STC ratings would be required on the second floor of building 30 as indicated in Table 12 and as shown on Figure 2 of this report. This applies only to second floor windows on the lots

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highlighted in Figure 2, from which San Tomas Expressway would be visible.
2) A suitable form of forced -air mechanical ventilation or air -conditioning shall be provided so that windows can be kept closed as desired for additional acoustical isolation.
3) An 8-foot-tall noise barrier should be constructed at the location shown in Figure 2-11.
g. TRAN-1: Relocation of Southbound Stop Sign . The current location of the southbound stop sign in front of the project driveway should be relocated further north to avoid the project driveway. This would prevent southbound vehicles from stopping right in front of an eastbound vehicle at the all-way stop-controlled intersection.
h. TRAN-2: Removal of Parking Spaces for Driveway Operations . The two guest parking spaces (#1 and #19) located next to the driveway on Llewellyn Avenue should be removed to avoid affecting operations at the driveway.

Building Division

22. Permit Required: A building permit application shall be required for the Approved Project. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit.

23. Construction Hours (CMC Sec. 18.04.052): Construction activity shall be limited to the hours of 8:00 AM to 5:00 PM daily, Monday through Friday. Saturday hours of construction shall be 9:00 AM to 4:00 PM. There shall be no construction activity on Sundays or National Holidays.

24. Construction Noise (CMC Sec. 18.04.052) : No loud environmentally disruptive noise over fifty dbs., such as air compressors without mufflers, continuously running motors or generators, loud playing musical instruments or radios will be allowed during the authorized hours of construction, Monday through Saturday, where such noise may be a nuisance to adjacent residential neighbors. Such nuisances shall be discontinued.

25. Property Maintenance: The property is to be maintained free of combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code).

26. Playground Equipment: Any playground equipment shall be inspected by a Certified Playground Safety Inspector who shall certify in writing to the Building Official that the equipment was assembled in compliance with the California Department of Health Services regulations regarding playground equipment.

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LAND DEVELOPMENT ENGINEERING

27. Construction Drawings: The applicant shall submit the following permit applications prior to, or concurrent with the main Building permit application:
a. Encroachment Permit for Street Improvement Plans : The frontage improvements for the project shall be shown on a separate street improvement plan as detailed here: https://www.campbellca.gov/187/Street-Improvements b. Building Permit for On-Site / Grading & Drainage Plans: The on-site grading, drainage, stormwater, landscaping, ADA and site improvements for the project shall be shown on a separate building permit plan as detailed here:
https://www.campbellca.gov/DocumentCenter/View/16594
c. Tract Map: The subdivision map documents required for this project shall be submitted for review by the City Surveyor as detailed here:
https://www.campbellca.gov/DocumentCenter/View/1478

28. Tract (Final) Map: Prior to issuance of any building permits for structures, the applicant shall submit a Tract Map for review, approval by the City Council, and recordation at the County.

29. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the Tract Map and CC&Rs. Maintenance of the stormwater treatment facilities shall be part of the CC&Rs.

30. Private Easements: Upon recordation of the Tract Map, the applicant shall cause private easements to be recorded for private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. Said private easements shall also include easements for the benefit of the proposed Phase 2 parcel.

31. Monumentation for Tract Map: Prior to recordation of the Tract Map, the applicant shall provide a cash deposit for setting all monuments shown on the map. Monuments shall be set per section 20.76.010 of the Campbell Municipal Code including but not limited to setting permanent pipe monuments (three-fourths inch galvanized steel pipe two feet long approximately six inches below finished grade) at each boundary of all lot corners within a subdivision, along the exterior boundary lines at intervals of approximately five hundred feet and at all beginning of curves and ending of curves on property lines, and monument boxes at intersections of all street monument line tangents.

32. Park Impact Fee: A fee in-lieu of parkland dedication pursuant to Campbell Municipal Code (CMC) Chapter 20.24 (Park Impact Fees and Park Land Dedication Subdivisions) is required. The in-lieu fee shall be equal to the fee for 90 new dwelling units based on the Multi-family rate of $19,720 per unit and 18 new dwelling units based on the Single-family rate of $27,800 per unit - the fees in effect at the time the project filed its SB-330 pre-application. The fee shall be due prior to recordation of the Tract Map.

33. Demolition: Prior to recordation of the Tract Map the applicant shall obtain a demolition permit and remove any nonconforming structures.

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34. Grading and Drainage Plan: Prior to recordation of the Tract Map, the applicant shall conduct hydrology studies based on a ten -year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. Prior to occupancy, the design engineer shall provide written certification that the development has been built per the engineered grading and drainage plans.

In addition, a plan review letter will be required of the Geotechnical Engineer and Structural Engineer that they have reviewed the bio -treatment areas to ensure that the non-compacted biotreatment material will not create subsurface and/or surface failures due to adjacent structural and vehicle loads.

35. State General Construction Activity Permit: Prior to issuance of any grading or building permits, the applicant shall comply with the State General Construction Activity Permit requirements including paying fees, filing a Notice of Intent and providing a Storm Water Pollution Prevention Plan (SWPPP) . The applicant shall provide the City with a copy of the filed Notice of Intent and SWPPP.

36. Stormwater Pollution Prevention Measures : Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. Specifically the project must include source control, site design and treatment measures to achieve compliance with Provision C.3. of the NPDES Permit.

Measures may include, but are not limited to, minimization of impervious surface area, vegetated swales, infiltration areas, and treatment devices. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay.

Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment (“CA BMP Handbook”) by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection (“Start at the Source”) by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source (“Using Site Design Techniques”) by BASMAA, 2003.

Upon submission of the preliminary site/grading plans, the applicant shall calculate and submit to the City the amount of impervious surface created by the development including the types of stormwater controls to be used. The applicant shall submit preliminary sizing and design showing stormwater controls meet the City’s requirements.

Prior to recordation of the Tract Map:
a. The applicant’s designer or engineer shall submit the required certification indicating that sizing, selection, and design of treatment BMP’s for the project site has been completed to meet the requirements of the City ofCampbell’s NPDES permit, Provision C.3.

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b. The applicant shall sign the “Covenants for the Operation and Maintenance of Stormwater Facilities” and submit a Stormwater Management Plan.

Prior to occupancy:
a. A qualified BMP certifier is required to inspect the stormwater management facilities, submit a complete set of as -built drawings to Public Works Engineering, and certify on these drawings that:
i. The stormwater management facilities were constructed in compliance with the approved plans.
ii. The as-built drawings show all pertinent constructed dimensions, elevations, shapes, and materials.
iii. All variations in construction from the approved design plan have been identified, including omissions to and additions from the approved plan.
iv. Any changes are in conformance with local, state, or federal regulations.

37. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions.

Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies.

Utility locations shall not cause damage to any existing street trees. Where there are utility conflicts due to established tree roots or where a new tree will be installed, alternate locations for utilities shall be explored. Include utility trench details where necessary.

38. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line.

39. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible.

40. Pavement Restoration: The applicant shall restore the pavement in compliance with City standard requirements. In the event that the roadway has recently received a pavement treatment or reconstruction, the project will be subject to the City’s Street Cut Moratorium. The applicant will be required to perform enhanced pavement restoration consistent with the restoration requirements associated with the Street Cut Moratorium. The City’s Pavement Maintenance Program website (https://www.ci.campbell.ca.us/219) has detailed information on the streets currently under moratorium and the enhanced restoration requirements.

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41. Street Improvement Agreements / Plans / Encroachment Permit / Fees / Deposits:

Prior to recordation of the Tract Map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following, unless otherwise approved by the City Engineer:
a. Show location of all existing utilities within the new and existing public right of way.
b. Relocation of all existing utilities including utility boxes, covers, poles, etc. outside of sidewalk area. No utility boxes, covers, etc. will be allowed in the sidewalk area, unless approved by the City Engineer.
c. Removal of existing driveway approaches, sidewalk, curb and gutter. d. Installation of City approved street trees and irrigation at 30 feet on center.

The areas where the trees are to be planted shall be over-excavated to loosen the soil and ensure good future growth. Root barriers shall not be installed. e. Installation of City standard curb, gutter, sidewalk and ADA compliant driveway approaches. Installation of engineered structural pavement section to centerline, or construction of a 2-inch grind and overlay to centerline if existing pavement is determined to be adequate.
f. Installation of City standard ADA curb ramps at all intersections along the frontage, unless the ramp is already ADA compliant and consistent with the reconstructed sidewalk improvements.
g. Installation of asphalt concrete overlay per street pavement restoration plan for utility installation and/or abandonment, as required by the City Engineer. h. Installation of streetlights, conduits, conductors and related facilities in accordance with the City of Campbell’s Street Lighting Policies. i. Installation of traffic control, stripes and signs.
j. Construction of conforms to existing public and private improvements, as necessary.
k. Submit final plans in a digital format acceptable to the City.

42. Street Improvements Completed for Occupancy and Building Permit Final: Prior to allowing occupancy and/or final building permit signoff for the last five (5) units in phase 1 of the project, the applicant shall have the required street improvements and pavement restoration installed and accepted by the City, and the design engineer shall submit as-built drawings to the City.

43. Maintenance of Landscaping: Owner(s), current and future, are required to maintain the landscaped park strip and tree wells in the public right of way. This includes, but is not limited to: trees, lawn, plantings, irrigation, etc. Trees shall not be pruned in a manner that would not allow the tree to grow to a mature height.

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44. Utility Encroachment Permit: Separate encroachment permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work.

45. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City.

TRAFFIC ENGINEERING

46. Bike Markings: Install thermoplastic shared lane bike markings on Llewellyn Avenue (between Hamilton and Latimer) and Latimer Avenue (between Llewellyn Avenue and Winchester Boulevard).

47. Speed Sign Furnish and install one solar -powered radar speed sign (to face eastbound Latimer Avenue traffic), Type 1-B pole, and concrete pole foundation.

48. Parking Sign : Remove existing 3 -hour parking signs on west side of Llewellyn Avenue.

FIRE DEPARTMENT

49. Fire Hydrants Required: Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains shall be provided where required by the fire code official. Exception: For Group R-3 and Group U occupancies the distance requirement shall be 600 feet. For buildings equipped throughout with an app roved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet [CFC, Section 507.5.1]. a. The location of the proposed new hydrants are shown on sheet C11. b. New hydrant added near building 28 to satisfy FDC distance requirements. c. New fire hydrant authorization letter shall be approved by SCCFD and San Jose Water company prior to building permit approval.
d. Cover sheet notes that there will be no combustible construction prior to hydrant installations.

50. Timing of installation . When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protectio n are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2. Construction documents.

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Construction documents for proposed fire apparatus access, location of fire lanes, security gates across fire apparatus access and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. CFC Sec. 501.3, 501.4

51. Required Fire Flow : The fire flow for this project is 4,750 GPM at 20 psi residual pressure. Since an automatic fire sprinkler system will be installed, the fire flow will be reduced by 25%, establishing a required adjusted fire flow of 3,563 GPM at 20 psi residual pressure. Note: The minimum required number and spacing of the hydrants shall be in accordance with CFC Table C102.1.
a. Fire flow shall be met from the new hydrants and provided with the hydrant authorization plans.

52. Fire Department Connection: The fire department connection (FDC) for the structure in support of the sprinkler system shall be installed at the street on the street address side of the building. It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two -and-one-half (2- 1/2”) inch national standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow [SCCFD, SP-2 Standard].

53. Aerial Access Required: Where required: Buildings or portions of buildings or facilities exceeding 30 feet (9144 mm) in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus.
a. Townhouses along Llewellyn and Latimer require aerial access. b. Aerial access can be achieved on Llewellyn.
c. Response letter indicated [Latimer Avenue] power lines will be moved underground to provide aerial access.

54. Fire Apparatus Access Roadway Required: Provide an access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 50 feet outside,30 feet inside, and a maximum slope of 15%. Surface shall b e capable of supporting 75K pounds.

Installations shall co nform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503.
a. Sheet C5.0 shows minimum width and turning radii requirements.

55. Ground ladder access : Ground -ladder rescue from second and third floor egress windows shall be made possible for fire department operations. With the climbing angle of seventy five degrees maintained, an approximate walkway width along the side of the building shall be no les s than seven feet clear. Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1.9.2.
a. Ground ladder diagrams shown on sheets 1.7 and 2.21.

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56. Fire Lanes Required: Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code. The entire 20 foot fire apparatus access roads shall be marked as fire lanes. Signs or other approved notices shall be posted.
a. Fire lanes shown on sheet C11.

57. Fire Sprinklers Required : Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. a. Noted on sheet C1.

58. Fire Alarm Requirements: Refer to CFC Sec. 907 and the currently adopted edition of NFPA 72.
a. Noted on sheet C1.

59. Buildings and Facilities Access : Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1].

60. Construction Site Fire Safety : All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1 -7.

Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.

61. Address identification : New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to id entify the structure. Address numbers shall be maintained CFC Sec. 505.1.

62. Limitation of Review. Fire District review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or re gulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance [CFC, Ch.1, 105.3.6].

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Bay Area Division
4511 Willow Road, Suite 8, Pleasanton, CA 94588

June 5, 2024

Rob Eastwood
Community Development Director
City of Campbell
70 N 1st Street
Campbell, CA 95008

Re: File No: PLN-2023 – 164
Address: 251 Llewellyn Avenue
Subject: Project Commitments

Dear Mr. Eastwood,

Please be advised that Pulte Home Company, by issuance of this letter, is voluntarily committing to incorporation of the below environmental measures, which we request be considered part of the "project" for purposes of the City's review under the California Environmental Quality Act (CEQA).

NOISE Commitments:

The following measures shall be incorporated into the project on-site construction operations:

• Noise-generating construction activities within the project area shall occur pursuant to the hours and days outlined in the City of Campbell Municipal Code to the maximum extent feasible. Specifically, construction activities shall be limited to the hours of 8 am – 5 pm daily, Monday through Friday, 9 am – 4 pm on Saturday, and no construction on Sunday. • All noise-producing project equipment and vehicles using internal -combustion engines shall be equipped with manufacturers-recommended mufflers and be maintained in good working condition.
• All mobile or fixed noise-producing equipment used on the project site that are regulated for noise output by a federal, state, or local agency shall comply with such regulations while in the course of project activity.
• Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from existing residences. • In the event that unusual circumstances or emergencies prevent certain project construction activities from complying with the City of Campbell General Plan, then a noise control plan shall be developed to ensure that sufficient mitigation is implemented during project construction to ensure adverse noise impacts are avoided.

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Attachment: CEQA Commitment Letter (PLN-2023-164 – 251 Llewellyn Avenue)

Bay Area Division
4511 Willow Road, Suite 8, Pleasanton, CA 94588

• Upgraded windows with STC ratings would be required on the second floor of building 30 as indicated in Table 12 and as shown on Figure 2 of this report . This applies only to second floor windows on the lots highlighted in Figure 2, from which San Tomas Expressway would be visible.
• A suitable form of forced -air mechanical ventilation or air -conditioning shall be provided so that windows can be kept closed as desired for additional acoustical isolation. • An 8-foot-tall noise barrier should be constructed at the location shown on Figure 2.

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Bay Area Division
4511 Willow Road, Suite 8, Pleasanton, CA 94588

BIO Commitments:

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Bay Area Division
4511 Willow Road, Suite 8, Pleasanton, CA 94588

AQ/GHG EMISSIONS Commitments:

Construction activities will result in the generation of fugitive dust which is regulated and measured as PM 10 and PM 2.5. Sources of fugitive dust include disturbed soil when vehicles traverse the Project Site both on unpaved and paved ground, and when material movement activities occur. Additionally, the deposition of mud on local streets by vehicles entering and exiting the Site could be an additional source of airborne dust after it dries. Per the BAAQMD CEQA Air Quality Guidelines fugitive dust impacts are considered to be less -than-significant if basic best management practices (BMPs) are implemented. Below is a list of basic BMPs from Table 5-2 of the BAAQMD CEQA Guidelines which the Project will incorporate into the project design and be implemented d uring construction. Therefore, fugitive dust impacts from construction activities will be less than significant:

B-1: All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

B-2: All haul trucks transporting soil, sand, or other loose material off -site shall be covered.

B-3: All visible mud or dirt track out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

B-4: All vehicle speeds on unpaved roads shall be limited to 15 mph.

B-5: All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

B-6: All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 miles per hour (mph).

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4511 Willow Road, Suite 8, Pleasanton, CA 94588

B-7: All trucks and equipment, including their tires, shall be washed off prior to leaving the site.

B-8: Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.

B-9: Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

As stipulated in Section 6.2.1 of the BAAQMD CEQA Guidance, the planned residential community will not include natural gas appliances and instead install appliances which operate on electricity.

As stated in Section 6.3 of the BAAQMD CEQA Guidance, no significant thresholds for construction related GHG emissions are established. However, the guidance states that projects “should incorporate” BMPs for reducing GHG emissions from construction activi ties. Various BMPs from the BAAQMD’s Table 6-1 will be incorporated into the project, including the following:

• Idling time of off-road equipment will be minimized and signage will be posted at the Site entrance.
• Off-road diesel-powered equipment will be prohibited from being in the “on” position for more than 10 hours per day.
• All construction equipment will be properly maintained in accordance with the manufacturer's specifications.

No stationary sources requiring an air permit from BAAQMD will be constructed or used at the Project Site. Therefore, the project will have a less -than significant impact related to stationary source GHG emissions.

There are various mitigation measures that would reduce criteria pollutant and GHG emissions from the Project Site that were included in the CalEEMod model. Mitigation measures, including those above and beyond the basic BMPs for fugitive dust mitigation, which were included in the emissions model are shown below:

• Exposed soil during construction will be watered a minimum of three times per day or when necessary to control particulate dust emissions during earthmoving activities. • Demolished areas will be watered during the demolition phase to control particulate dust emissions.
• Unpaved roads will be watered a minimum of twice per day and the posted speed limit within the Project Site during construction activities will be limited to 15 miles per hour.

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Bay Area Division
4511 Willow Road, Suite 8, Pleasanton, CA 94588

• Architectural coatings inside and outside the residential buildings will utilize low VOC content paints and primers. Paints and primers to be used are expected to be zero VOC and will adhere to VOC limits outlined in CalGreen Tables 4.504.1; 4.504.2; 4.504.3. • Energy Star-certified appliances will be installed within the residences. • No natural gas appliances will be used at the Project Site. All appliances will run on electricity.
• Low-flow or high -efficiency water fixtures will be used within the residences, including toilets, shower heads, sink faucets, etc.
• Water efficient landscapes will be included in the Project Site. • Natural gas fireplaces will not be used at the Project Site. Fireplaces will run on electricity. • Heavy-duty diesel vehicle idling will be limited to less than 5 minutes when on site, in accordance with CARB regulations.
• The Project Site will provide short-term bicycle parking.

Traffic/Transportation Commitments:
• The current location of the southbound stop sign in front of the project driveway should be relocated further north to avoid the project driveway. This would prevent southbound vehicles from stopping right in front of an eastbound vehicle at the all-way stop- controlled intersection.
• The two guest parking spaces (#1 and #19) located next to the driveway on Llewellyn Avenue should be removed to avoid affecting operations at the driveway.

Should you have any further questions or concerns, please feel free to contact me directly.

Sincerely,

Pulte Home Company, LLC
a Michigan Limited Liability Company
Northern California Division

Jennifer Vo
Vice President of Land Acquisition

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Attachment: Project Plans (PLN-2023-164 – 251 Llewellyn Avenue)

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Attachment: Project Plans (PLN-2023-164 – 251 Llewellyn Avenue) Pulte Homes 251 Llewellyn Avenue Project
Housing Incentives Request
# Standard MFDDS
Section City's Standard Requested Standard
Large Site Standards (MFDDS Chapter 8)
Creation of
Blocks § 8.020.3.A
Site must be divided into
blocks through use of
thoroughfares and large site
open spaces.

Allow the project site to be divided
into blocks using a sub-standard
throughfare and alleys.

Rational: This standard precludes the project as designed. Complying with this standard would reduce the density required or severely reduce the size of the individual units.

Thoroughfare
Design
§ 8.040, Table

8.040.1
The "Neighborhood Street,
Parallel Parking with Tree
Wells" throughfare type must
designed per specification #
No. 4.

Allow a modified throughfare design
with parallel parking only on one side
and without bicycle lanes.

Rational: This standard precludes the project as designed. Complying with this standard would prohibit our ability to provide our modified throughfare design along the northern boundary.

Design Site
Configuratio
n
§ 8.040.5.A
§ 3.020.7.A
Design sites must "front onto"
the pedestrian network.

Allow design sites to incorporate the
pedestrian network within the design
sites.

Rational: This standard precludes the project as designed. Complying with this standard would reduce density or unit size to an unacceptable level.

Large Site
Open Space
§ 8.030.7.(3)
&
§ 8.030.5.A
The "green" large site open
space must abut a
thoroughfare on one side.

Allow the "green" large site open space
to abut townhomes on both sides.

Rational: This standard precludes the project as designed. Complying with this standard would remove a row of units, resulting in an unacceptable loss of density.

Building Type
Compliance
§ 8.020.3.C.
(1)
The project must maintain mix
of at least two different
building types within a block.

Allow use of only one building type;
townhomes in attached and detached
format.

Rational: This standard precludes the project as designed. Although we believe that we are providing two distinct product types, this waiver will allow us to build what we have previously promised to the neighborhood surrounding our site.