Campbell City Council
February 7, 2023

City Council Agenda
City of Campbell, 70 N. First St., Campbell, California

NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public follow the guidance of the California Department of Health Servi ces', and the County of Santa Clara Health Officer Order, to help control the spread of COVID -19. Additional information regarding COVID-19 is available on the City's website at www.campbellca.gov.

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 abo ut 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 Co uncil. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, February 7, 2023 – 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Present Certificates of Recognition to the STEM Winners of the Santa Clara Valley Science and Engineering Fair Association (SCVSEFA) 2022 Synopsis Championship Science Fair.

Recommended Action: That the City Council recognize the Campbell student winners of the Santa Clara County 2022 Synopsis Championship Science Fair.

COMMUNICATIONS AND PETITIONS

ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law

generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.

COUNCIL ANNOUNCEMENTS

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

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

2. Minutes of City Council Executive Session Meeting of January 23, 2023 Recommended Action: Approve the executive session meeting minutes of January 23, 2023.

3. Minutes of City Council Regular Meeting of January 23, 2023 Recommended Action: Approve the regular meeting minutes of January 23, 2023.

4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $914,219.48.

5. Investment Report - Quarter Ending December 2022
Recommended Action: That the City Council approve the Investment Report for the quarter ending December 2022 and the report be noted and filed.

6. Authorization to Submit 2016 Measure B Bicycle & Pedestrian Planning Studies Grant Application for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt the resolution authorizing the Public Works Director to submit a 2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program grant application f or the Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study.

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.

7. Public Hearing to Consider an Interim Ordinance to Adopt Urgency Revisions t o Title 21 Related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to Conform with Recent State Legislation (AB -2221 and SB -897). File No. PLN -2022-166 (Ordinance/Roll Call Vote).

Recommended Action: It is recommended that City Council adopt an interim ordinance approving urgency revisions to Title 21 to conform with recent State legislation (AB-2221 and SB-897).

NEW BUSINESS

UNFINISHED BUSINESS

8. Campbell’s Plan for Housing (2023 -2031 Housing Element) (File No. PLN - 2021-12)
Recommended Action: Provide direction to staff on modifications to Campbell’s Plan for Housing (2023-2031 Housing Element) in response to feedback received from the California Department of Housing and Community Development (HCD).

COUNCIL COMMITTEE REPORTS

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

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

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

City
Council
Report

TITLE: Present Certificates of Recognition to the STEM Winners of the Santa Clara Valley Science and Engineering Fair Association (SCVSEFA) 2022 Synopsis Championship Science Fair.

RECOMMENDED ACTION

That the City Council recognize the Campbell student winners of the Santa Clara County 2022 Synopsis Championship Science Fair.

BACKGROUND

The mission of the Santa Clara Valley Science and Eng ineering Fair Association (SCVSEFA) is “to awaken more students to the wonder and power of Science, Technology, Engineering, and Mathematics (STEM)”.

This is accomplished by holding an annual regional Science and Engineering Fair where hundreds of student s and teachers compete for prizes, awards, and scholarships. All of this is accomplished through the dedicated efforts and coordination of the many sponsors and professionals who serve as Judges, Teachers, and dedicated Volunteers. The 2022 Fair was held in March 2022.

Through this annual Fair competition, hundreds of the area’s students are challenged to go beyond their classroom studies to do independent project -based research. They work independently or in teams to address questions in the fields of Com puter Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories. Below is a list of the City of Campbell student residents who participated and won in the 2022 Fair competition:

Aeliya Grover Comparing the Qua ntity of Micro -plastics in Wild and Farmed Fish
Sanskriti Singh Automated Coronary Calcium Scoring using U -Net Models through Semi-supervised Learning on Non-Gated CT Scans
Manasvini Singh The Detection and Segmentation of Pneumonia on CXR Images Using Unet Architecture

FISCAL IMPACT

There is no fiscal impact associated with this action.

Item: 1
Category: SPECIAL PRESENTATIONS

AND PROCLAMATIONS
Meeting Date: February 7, 2023
1 Packet Pg. 4
SCVSEFA Winners 2022 Page 2 of 2

Prepared by:

Andrea Sanders, City Clerk

Approved by:

Brian Loventhal, City Manager

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

CITY COUNCIL EXECUTIVE SESSION
Tuesday, January 23, 2023 – 6:15 p.m.

Ralph Doetsch Conference Room
70 N. First Street, Campbell, California
This City Counci l mee ting was duly notice d 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, at Campbell City Hall, 70 N. First Street, Campbell California in the Ralph Doetsch Conference Room.

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

PUBLIC COMMENT
There was no public comment.

MOVE INTO CLOSED EXECUTIVE SESSION
A. Personnel
B. Litigation
C. Real Property
D. Labor Negotiations – Pursuant to G.S. Section 54957.6: Conference with Labor Negotiator – Agency Negotiator: Jenny Le -Christensen, Human Resources Manager. Unrepresented Group: Management
The City Council met in Executive Session to discuss item D. City M anager, Brian Loventhal; City Attorney, William Seligmann; Assistant City Manager, Angelique Gaeta; 2 Packet Pg. 6
Minutes Acceptance: Minutes of Jan 23, 2023 6:15 PM (CONSENT CALENDAR)

Minutes of January 23, 2023 City Council Meeting Page 2 Finance Director, Will Fu entes and Human Resources Manager, Jenny Le-Christensen were in attendance.

ADJOURN
Mayor Bybee adjourned the meeting at 7:02 p.m.

APPROVED:

Anne Bybee, Mayor

ATTEST:

Andrea Sanders, City Clerk
2 Packet Pg. 7
Minutes Acceptance: Minutes of Jan 23, 2023 6:15 PM (CONSENT CALENDAR)

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

SPECIAL MEETING OF THE CAMPBELL CITY COUNCIL
Monday, January 23, 2023 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

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

This meeting was recorded and can be viewed in its entirety at www.cityofcampbell.com/agendacenter.

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

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

PLEDGE OF ALLEGIANCE
Mayor Bybee invited newly elected Councilmember Elliot Scozzola to lead the Pledge of Allegiance. Councilmember Scozzola led the Pledge of Allegiance.

SPECIAL PRESENTATIONS AND PROCLAMATIONS

1. Presentation by the South Bay Clean Creek Coalition on Los Gat os Creek Trail Native Wildlife and Upcoming Restoration Project
Recommended Action: That the City Council receives an inf ormational presentation from the South Bay Clean Creeks Coalition about the Los Gatos Creek Trail native species and upcoming restoration project.

Steve Holmes, Founder and Executive Director of the South Bay Clean Creeks Coalition (SBCCC) gave a presenta tion on the Los Gatos Creek Trail restoration project. He explained how the goal was to expand healthy stretches of the Creek for wild salmon to spawn. This includes a gravel augmentation at the base of a short waterfall located downstream from Campbell Av enue near the Campbell Inn. This will allow for the salmon to get over the waterfall barrier and continue upstream.
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Minutes Acceptance: Minutes of Jan 23, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of January 23, 2023 City Council Meeting Page 2

In response to C ouncilmember questions, Mr. Holmes noted that this restoration project was at no cost to the City and is funded primarily through grants and corporate groups.

Those wishing to help the SBCCC can sign up for their creek clean up events at https://sbcleancreeks.com or visit the Events section of their social media platforms.

Councilmembers expressed their support of the restoration project.

M/S: Landry/Furtado – That the City Council receives an informational presentation from the South Bay Clean Creeks Coalition about the Los Gatos Creek Trail native species and upcoming restorati on project. The motion was adopted by the following roll call vote:

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

COMMUNICATIONS AND PETITIONS
There were no communications and petitions.

ORAL REQUESTS

Sean Mendelson, Campbell resident and climate reality leader, requested that the City Council continue to move forward with a Climate Action Plan as a priority and commended the City Council on the Reach Codes passed for 2023.

COUNCIL ANNOUNCEMENTS
The Ci ty Clerk’s office is accepting applications for the Parks and Recreation Commission. To find out more about this Commission, or to apply, please contact the City Clerk’s office at (408) 866-2117, or visit the city’s website at campbellca.gov.

Southern Rockers celebrating 50 years, the Marshall Tucker Band, will be performing live on Saturday, January 28, 2023 at 8:00pm at the Heritage Theatre. For ticket information, please visit cambpellca.gov.

Spread the love at Campbell’s 46 th annual Valentine 5K Fun Run/Walk on Saturday, February 11 at 9:00am. Don’t delay, get registered in advance to receive your free race shirt and medals! Please visit campbellca.gov for more information and to register.

The AARP Tax Aid Program will provide income tax assistance free of charge from February 3 thru April 14 at the Campbell Community Center. The AARP Tax -Aide Program provides tax assistance to anyone, free of charge, with a focus on taxpayers who are over 50 and have a low to moderate income. For more information, please visit campbellca.gov.

3 Packet Pg. 9
Minutes Acceptance: Minutes of Jan 23, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of January 23, 2023 City Council Meeting Page 3 On behalf of the City Co uncil, Mayor Bybee thanked city staff, including Public Works Maintenance, and Public Safety employees for their outstanding response to the many calls for service during the recent storms. Their assistance was greatly appreciated.

CONSENT CALENDAR

Mayor Bybee asked if any one wished to remove an item from the Consent Calendar.

Items eight and nine were removed from the Consent Calendar. The Consent Calendar was considered as follows:

2. Minutes of City Council Regular Meeting of December 20, 2022 Recommended Action : Appr ove the regular meeting minutes of December 20, 2022.

This action approves the regular meeting minutes of December 20, 2022.

3. Minutes of City Council Executive Session Meeting of January 13, 2023 Recommended Action : Approve the execu tive session meeti ng minutes of January 13, 2023.

This action approves the executive session meeting minutes of January 13, 2023.

4. Minutes of City Council Executive Session Meeting of January 14, 2023 Recommended Action : Approve the executive session meeting minutes of January 14, 2023.

This action approved the executive session meeting minutes of January 14, 2023.

5. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $2,063,064.38.

This action approves the bills and claims in the amount of $2,063,064.38 as follows: bills and claims checks dated December 5, 2022, in the amount of $670,164.82; payroll checks dated December 8, 2022, in the amount of $69,885.69; bills and claims checks d ated December 12, 2022, in the amount of $272,178.26; bills and claims checks dated December 19, 2022, in the amount of $774,504.20; payroll checks dated December 22, 2022, in the amount of $30,785.43; and bills and claims checks dated December 26, 2022, i n the amount of $245,545.98.

6. Monthly Investment Transactions Report (December 2022) Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for December 2022.

This action notes and files the Monthly Inves tment Transactions Report for December 2022.

7. Amendment to the Classification and Salary Plan - Public Safety Dispatcher (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt the Resolution amending the Classification and Salary Plan for Police Safety Dispatcher. 3 Packet Pg. 10
Minutes Acceptance: Minutes of Jan 23, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of January 23, 2023 City Council Meeting Page 4

Resolution 12928 amends the Classification and Salary Plan for Police Safety Dispatcher.

10. Authorization to Submit Application for Open Space Authority 2022 -2023 Urban Grant Program for a Campbell Parks and Recreation Fa cilities Master Plan (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing the Community Development Director to submit an Urban Grant Program Application to the Open Space Authority for the development of a Parks and Recreation Facilities Master Plan.

Resolution 12929 authorizes the Community Development Director to submit an Urban Grant Program Application to the Open Space Authority for the development of a Parks and Recreation Facilities Master Plan.

M/S: Landry/Lopez – That the City Council appro ve the consent calendar with the exception of items eight and nine. The motion was adopted by the following roll call vote:

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

ITEMS CONSIDERED SEPARATE FROM CONSENT

8. Accept Donation to Campbell Recreation Youth Scholarship Program (Resolution/Roll Call Vote)
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the City Manager to accept a donation of $10,000 from Medicare Drop, LLC for the Youth Recreation Scholarship Program.

Councilmembers expressed their appreciation for the generous donation.

M/S: Landry /Lopez- That the City Council adopt Resolution 12930 authorizing the City Manager to accept a donation of $10,000 from Medicare Drop, LLC for the Youth Recreation Scholarship Program. The motion was adopted by the following roll call vote:

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

9. Authorization f or the City Manager to Amend the Consultant Services Agreement with Jayson Architecture for Additional Design and Engineering Services for the Campbe ll Library Renovations Project (No. 23 -SS) (Resolution/Roll Call Vote)
Recommended Action: That the City C ouncil adopt a Resolution authorizing the City Manager to amend the Consultant Services Agreement with Jayson 3 Packet Pg. 11
Minutes Acceptance: Minutes of Jan 23, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of January 23, 2023 City Council Meeting Page 5 Architecture for additional design and engineering services for the Campbell Library Renovations Project (No. 23-SS).

Councilmember Furtado asked for clarification on the Jayson Architecture contract amendment regarding timeline of completion, removal of old equipment and state grant funding.

Public Works Director Capurso provided a response stating that Jayson Architecture has approximately 60 da ys to incorporate changes; confirming the old equipment will be removed; and gave information regarding the grant funding, the City’s match to the gr ant, and add alternates that were previously removed from the project and could now be included in the project.

M/S: Furtado/Landry – That the City Council adopt Resolution 12931 authorizing the City Manager to amend the Consultant Services Agreement with Jayson Architecture for additional design and engineering services for the Campbell Library Renovations Project (No. 23-SS).

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

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

11. Public Hearing to Consider Adoption of a Resolution Directing the Community Development Director to Proceed with Abatement of Hazardous Vegetation (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution directing the Community Development Director to proceed with the abatement of hazardous vegetation by the Santa Clara County Consumer and Environmental Protection Agency.

This is the time an d place for a public hearing to consider adoption of a Resolution directing the Community Development Director to proceed with the abatement of hazardous vegetati on by the Santa Clara County Consumer and Environmental Protection Agency.

Community Developm ent Director Eastwood presented a staff report dated January 23, 2023.

Councilmember Furtado asked the weed abatement Ordinance, program and fines be revised to be more current and relevant.

Community Development Director Eastwood noted that the Ordinanc e and program will be assessed in the future.

Mayor Bybee opened the public hearing and asked if anyone wished to speak.

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

3 Packet Pg. 12
Minutes Acceptance: Minutes of Jan 23, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of January 23, 2023 City Council Meeting Page 6 M/S: Lopez/Landry – That the City Council adopt Resolution 12932 directing the Community Development Director to proceed with the abatement of hazardous vegetation by the Santa Clara County Consumer and Environmental Protec tion Agency. The motion was adopt ed by the following roll call vote:

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

NEW BUSINESS

12. Approval of Contract Amendment with Good City Company for Economi c Development Consulting Services and Dispensing with Bidding Requirements as Specified in Campbell Municipal Code Section 3.20.030(4) (Resolution/Roll Call)
Recommended Action: That the City Council ad opt a Resolution approving an amendment to the City's Consultant Agreement with Good City Company for economic development consultant services, authorize a corresponding budget adjustment, and dispense with bidding requirements as authorized by Campbell Municipal Code Section 3.20.030(4) for specialized services.

Administrative Analyst Ramirez presented a staff report dated January 23, 2023.

After discussion, M/S: Landry/Scozzola – That the City Council adopt Resolution 12933 approving an amendment to the City's Consultant Agreement with Good City Company f or economic development consultant services, authorizing a corresponding budget adjustment, and dispensing with bidding requirements as authorized by Campbell Municipal Code Section 3.20.030(4) for speci alized services. The motion was adopted by the following roll call vote:

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

13. 2023 City Council Meeting Schedule (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution approving the 2023 City Council meeting schedule.

City Clerk Sanders presented a staff report dated January 23, 2023.

Steve Saunders, Campbell resident, asked if both meetings in July were bein g proposed for cancellation.

Council discussed which meetings to cancel for summer and winter recess. They discussed moving the August 1 meeting in light of National Night Out, and they discussed moving the January 16, 2024 meeting to accommodate Councilmember conference attendance.
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Minutes Acceptance: Minutes of Jan 23, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of January 23, 2023 City Council Meeting Page 7

M/S: Lopez/Landry – That the City Council adopt Resolution 12934 cancelling the July 4, 2023 meeting; cancelling the August 1, 2023 meeting and rescheduling to July 31, 2023; cancelling the January 2, 2024 meeting; cancelling the January 16, 2024 meeting and rescheduling to January 2 2, 2024. The motion was adopted by the following roll call vote:

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

COUNCIL COMMITTEE REPORTS

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

Councilmember Lopez attended the Santa Clara Valley Transportation Authority Board of Directors meeting. He invited the Council and public to the California League of Cities, Peninsula Division Executive Committee’s Bay Area Legislative Address on Friday, January 27, 2022 from 6 – 8 p.m. in South San Francisco at the California Life Sciences Building.

Councilmember Scozzola attended the Santa Clara Valley Transportation Authority Policy A dvisory Board meeting; and the Silicon Valley Clean Energy meeting.

Councilmember Furtado attended the West Valley Sanitation District meeting. He noted the upcoming West Valley Solid Waste Authority and West Valley Clean Water JPA meetings in February.

Vice Mayor Landry attended the California League of Cities, 2023 Ne w Mayors and Council Members Academy with Councilmembers Furtado, Scozzola and City Manager Loventhal; and noted upcoming meetings of Santa Clara Valley Water District County Water Commis sion meeting and the Santa Clara County Library District JPA Board of Directors meeting.

Mayor Bybee attended the Silicon Valley Animal Control Authority meeting and the U.S. Conference of Mayors conference and noted the upcoming Cities Association of Santa Clara County meeting.

ADJOURN
Mayor Bybee adjourned the meeting a t 8:34 p.m. in memory of Bill Bruckart, City of Campbell Building Official who served the City for 21 years.

APPROVED:

3 Packet Pg. 14
Minutes Acceptance: Minutes of Jan 23, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of January 23, 2023 City Council Meeting Page 8 ATTEST:

Anne Bybee, Mayor

Andrea Sanders, City Clerk

3 Packet Pg. 15
Minutes Acceptance: Minutes of Jan 23, 2023 7:30 PM (CONSENT CALENDAR)

City
Council
Report

TITLE: Approving Bills and Claims

RECOMMENDED ACTION

Approve the bills and claims in the amount of 914,219.48

DISCUSSION

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

Type Check Date Amount
Payroll January 05, 2023 $70,458.66
Bills & Claims January 09, 2023 $316,042.15
Bills & Claims January 16, 2023 $495,027.41
Payroll January 19, 2023 $32,691.26
Total $914,219.43

FISCAL IMPACT

Requested action does not require a budget adjustment. Adequate funding was available to cover all expenses as listed.

Prepared by:

Celia Deniz, Accounting Clerk II

Reviewed by:

Norite Vong, Finance Manager
Item: 4
Category: CONSENT CALENDAR
Meeting Date: February 7, 2023
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Approving Bills and Claims Page 2 of 2

Approved by:

Brian Loventhal, City Manager

4 Packet Pg. 17

City
Council
Report

TITLE: Investment Report - Quarter Ending December 2022

RECOMMENDED ACTION

That the City Council approve the Investment Report for the quarter ending December 2022 and the report be noted and filed.

DISCUSSION
The City invests primarily in the State of California Local Agency Investment Fund (LAIF) and US Government Agency securities to preserve the safety of the City’s surplus funds while achieving a reasonable portfolio return. The City’s strategy is one of buy-and-hold in which a portion of the portfolio is invested in fixed income securities of varying maturities providing sufficient cash flow to meet the City’s operational needs.

During the quarter, the City’s total pooled cash investment portfolio increased $1.4 million to $92.1 million. The city purchased an additional $2.0 million in government securities; $1 million for a 1.25 year fixed FHLB earning 5%, along with $1 million for a 3 year fixed FHLMC (Fannie Mae) earning 5.6%. Interest earned for the quarter jumped again to $485,000. Major inflows for the quarter were $5.7 million in property taxes.

Overall, property, sales and TOT taxes are significantly up year to year. Outflows were relatively average this period with no unusually large expenditures. Note that the City pools all cash for investment purposes, but accounts, reports, and tracks investment income, other revenue, and expenditures separately for each fund to properly meet the purpose and r estrictions of each funding source. This is common and appropriate practice used in public agencies to gain the benefit of economies of scale when investing.

All investments are made in accordance with the City's established Investment Policy (Approved by Resolution No. 12872 on August 16, 2022) or as authorized pursuant to bond covenants. Presented within this report are the following:

· Investment balance & earnings - Qtr. ending, December 2022 · Summary of investments by type - Qtr. ending December 2022 · List of investments by institution - Qtr. ending December 2022 · Reconciliation of pooled cash - Qtr. ending December 2022 · Summary of Total Cash Invested - Qtr. ending December 2022 · Monthly Schedule of Investments - Qtr. ending December 2022 Item: 5
Category: CONSENT CALENDAR
Meeting Date: February 7, 2023
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Investment Report - Quarter Ending December 2022 Page 2 of 5 · Cash flow projections for January 2023 thru June 2023 · Actual Receipts and Disbursements - Qtr. ending December 2022

Investment Balance and Earnings - Quarter ending 12/31/2022 Bal. at Beg. Bal. at End Interest Interest % of Interest of Quarter of Quarter Earned- Q2 Earned Earned
10/01/22 12/31/2022 12/31/2022 YTD YTD/Budget
90,715,725$ 10,487,643$ (9,129,890)$ 92,073,479$ 485,275$ 825,762$ 184% Purchases/
Deposits
Maturities/
Withdrawals

Summary of Investments by Type - Quarter ending 12/31/2022 Current % of Prior % of Prior % of
Quarter Total Quarter Total Year Total
12/31/2022 Portfolio 9/30/2022 Portfolio Qtr ending 12/31/2021 Portfolio L.A.I.F. 66,072,759$ 71.76% 65,085,976$ 71.75% 39,293,415$ 81.35% Agencies 23,999,860$ 26.07% 21,999,860$ 24.25% 7,000,000 14.49% Corporate Notes 2,000,000 2.17% 2,000,000 2.20% 2,000,000 4.14% Money Market (BNY Mellon) 860 0.00% 1,629,890 1.80% 2 0.00% Total 92,073,479$ 100.00% 90,715,725$ 100.00% 48,293,417$ 100.00% Description

Cash Flow

The cash flow projection reflects sufficient funds available to meet the City of Campbell’s anticipated expenditures for January 2023 through June 2023. (Attachment B). When highly liquid LAIF funds ($66.1 million) are combined with actual cash on deposit ($0.4 million), the City has $66.5 million in actual liquid cash balances as of the end of December 31, 2022. The City’s managed liquidity is estimated to increase $10.2 million by the end of June 2023, to $76.7M due to projected 6 months net positive operational cash flows of $13.2 million offset by a projected $4.0 million of new investment purchases drawn from LAIF, less $1.0 million maturing. The City just received $2.4 million from a state library grant in January as well as $471K in investment interest. Property, sales and TOT tax and other economic activity -related receipts are expected to continue growing and staff p rioritizes safety, liquidity, and maximizing return, in that order.

5 Packet Pg. 19
Investment Report - Quarter Ending December 2022 Page 3 of 5

* The City intends to hold treasury/agency securities to maturity or until they are called, as a result this is a paper gain and/or loss that will not be realized. In a decreasing interest rate environment, as we are experiencing, unrealized gains are expected.
** Cash with fiscal agent held for debt service payments. 5 Packet Pg. 20
Investment Report - Quarter Ending December 2022 Page 4 of 5 Prepared by:

John Formale, Accountant
Reviewed by:

Will Fuentes, Finance Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Quarterly Schedule of Investments
b. Cashflow Projections
5 Packet Pg. 21
Investment Report - Quarter Ending December 2022 Page 5 of 5 c. Actual Receipts and Disbursements
5 Packet Pg. 22
City of Campbell
Quarterly Schedule of Investments
- Dec-22, Q2 0.44 \
Maturities/ Remain Interest Interest # of Int.Recv. Interest Interest Int.Recv. Interest Interest Beginning Purchases/ Calls/ Ending % of % of Par * Market Maturity Days Rate Earned to Days in Beginning Earned Received Ending Received Bal. to Balance Deposits Withdrawals Balance Type Assets Value Value Date To Mat (Annual) Maturity Mo Balance This Qtr. This Qtr. Balance To Date Maturity Local Agency Investment Fund (L.A.I.F.) 65,085,976 8,486,783 (7,500,000) 66,072,759 100.00% 71.76% 66,072,759 64,843,095 N/A N/A 2.173% N/A 31 218,139 327,139 236,783 308,494 1,824,235 N/A + Gov't Securities (Custodian-BNY Bank) . - -
Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 - 1,000,000 4.17% 1.09% 1,000,000 931,050 08/26/24 604 0.500% S 16,274 31 2,096 1,260 2,500 857 7,500 8,774 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.17% 1.09% 1,000,000 921,420 01/22/25 753 0.700% S 24,567 31 5,264 1,764 3,500 3,529 7,000 17,567 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.17% 1.09% 1,000,000 904,780 09/17/25 991 0.800% S 32,022 31 658 2,016 - 2,674 8,000 24,022 Fed. Home Loan Bank (FHLB)_Step up 1,000,000 1,000,000 4.17% 1.09% 1,000,000 942,550 11/18/24 688 0.350% S 30,528 31 1,280 882 1,750 412 3,500 27,028 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.17% 1.09% 1,000,000 908,750 07/29/25 941 0.810% S 30,381 31 5,431 2,042 4,050 3,423 6,075 24,306 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.17% 1.09% 1,000,000 912,310 03/21/25 811 0.650% S 22,741 31 534 1,638 - 2,173 6,500 16,241 Fed. Home Loan Bank (FHLB)_Step up 1,000,000 1,000,000 4.17% 1.09% 1,000,000 965,050 02/28/25 790 1.250% S 37,534 31 1,113 3,151 - 4,264 6,250 31,284 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.17% 1.09% 1,000,000 944,340 02/27/25 789 2.000% S 60,000 31 1,836 5,041 - 6,877 9,944 50,056 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.17% 1.09% 1,000,000 963,580 02/23/24 419 1.750% S 34,760 31 1,801 4,411 - 6,212 8,507 26,253 Fed. Farm Credit Bank (FFCB)_Fixed 1,000,000 1,000,000 4.17% 1.09% 1,000,000 980,440 06/22/26 1,269 4.120% S 164,913 31 11,175 10,385 20,600 959 20,600 144,313 Fed. Farm Credit Bank (FFCB)_Fixed 2,000,000 2,000,000 8.33% 2.17% 2,000,000 1,976,160 12/22/23 356 3.490% S 104,604 31 18,932 17,593 34,900 1,625 34,900 69,704 Fed. Farm Credit Bank (FFCB)_Fixed 1,000,000 1,000,000 4.17% 1.09% 1,000,000 966,640 07/12/27 1,654 3.960% S 198,108 31 8,679 9,981 - 18,661 - 198,108 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.17% 1.09% 1,000,000 977,540 07/19/24 566 3.430% S 68,694 31 6,766 8,645 - 15,412 - 68,694 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.17% 1.09% 1,000,000 977,230 07/21/25 933 3.650% S 109,600 31 7,100 9,200 - 16,300 - 109,600 Fed. Home Loan Bank (FHLB)_Step Up 2,000,000 2,000,000 8.33% 2.17% 2,000,000 1,980,840 01/25/24 390 3.000% S 90,247 31 11,014 15,123 - 26,137 - 90,247 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.17% 1.09% 1,000,000 976,890 01/28/25 759 3.625% S 90,873 31 6,356 9,137 - 15,493 - 90,873 Fed. Home Loan Bank (FHLB)_Fixed 1,000,000 1,000,000 4.17% 1.09% 1,000,000 980,720 07/26/24 573 3.550% S 70,805 31 6,127 8,948 - 15,075 - 70,805 Fed. Home Loan Bank (FHLB)_Fixed - 1,000,000 1,000,000 4.17% 1.09% 1,000,000 999,380 02/07/24 403 5.000% 62,603 31 - 7,260 7,260 - 62,603 Fed. Home Loan Bank (FHLMC)-Fixed - 1,000,000 1,000,000 4.17% 1.09% 1,000,000 1,001,220 11/18/25 1,053 5.600% 168,153 31 - 6,597 6,597 - 168,153 Fed. Home Loan Bank (FHLMC)-Step Up 1,000,000 1,000,000 4.17% 1.09% 1,000,000 991,840 08/15/25 958 3.500% S 106,726 31 4,411 8,822 13,233 - 106,726 Fed. Farm Credit Bank (FFCB)-Fixed 999,860 999,860 4.17% 1.09% 1,000,000 978,200 06/20/25 902 3.375% S 101,065 31 9,259 8,506 16,781 983 16,781 84,284 Fed. Home Loan Bank (FHLB)-Fixed 1,000,000 - 1,000,000 4.17% 1.09% 1,000,000 922,030 12/30/24 730 0.625% S 23,476 31 540 1,575 - 2,115 9,375 14,101 Subtotal-Gov't Securities 21,999,860 2,000,000 - 23,999,860 100.00% 26.07% 24,000,000 23,102,960 1,648,674 110,373 143,980 84,081 170,271 144,932 1,503,742 Corporate Notes -
Morgan Stanley Bank CD 250,000 250,000 12.50% 0.27% 250,000.00 249,699 01/17/23 17 1.850% S - 31 963 1,166 - 2,129 11,556 2,344 Morgan Stanley Private Bank CD 250,000 250,000 12.50% 0.27% 250,000.00 249,699 01/17/23 17 1.850% S - 31 963 1,166 - 2,128 11,556 2,344 Wells Fargo Bank CD 250,000 250,000 12.50% 0.27% 250,000.00 249,709 01/17/23 17 1.900% S - 31 937 1,197 1,184 950 12,562 1,701 Wells Fargo Ntl Bk West CD 250,000 250,000 12.50% 0.27% 250,000.00 249,709 01/17/23 17 1.900% S - 31 937 1,197 1,184 950 12,662 1,991 AMEX 250,000 250,000 12.50% 0.27% 250,000.00 243,426 08/12/24 590 3.500% 17,860 31 1,175 2,205 - 3,380 - 17,860 Capital One 250,000 250,000 12.50% 0.27% 250,000.00 243,231 08/12/24 590 3.300% 16,839 31 1,108 2,079 - 3,187 ` 16,839 Capital One 250,000 250,000 12.50% 0.27% 250,000.00 243,231 08/12/24 590 3.300% 16,839 31 1,108 2,079 - 3,187 - 16,839 Bank of India 250,000 250,000 12.50% 0.27% 250,000.00 243,316 08/22/24 600 3.500% 18,099 31 935 2,205 - 3,140 - 18,099 - - - Subtotal-Corporate Notes 2,000,000 - - 2,000,000 100.00% 2.17% 2,000,000 1,972,020 2.776% * 134,197 8,125 13,295 2,368 19,052 112,955 13,399 Investments under the management of contracted parties:

Trustee: BNY Mellon
2022 MEAS O COI 6,576 (6,576) - 0.00% 0.00% 0 0 N/A N/A - N/A - - N/A 2016 Lease Revenue Bond Payment 677,100 359 (677,100) 359 41.70% 0.00% 359 359 N/A N/A 0.025% N/A 31 - 359 359 - 80 N/A 2016 SA Refunding Debt Service/TARB 946,214 502 (946,214) 502 58.30% 0.00% 502 502 N/A N/A 0.018% N/A 31 - 502 502 - 107 N/A Subtotal-Trust A/C 1,629,890 860 (1,629,890) 860 99.99% 0.00% 861 860 N/A 0.330% - (0) 861 861 (0) 228 - Total Portfolio 90,715,725 10,487,643 (9,129,890) 92,073,479 100.00% 92,073,620 89,918,935 Wgt Avg 2.296% 1,782,871 336,637 485,275 324,094 497,818 2,082,349 1,517,140

Investment Portfolio Increased / (Decreased) by: 1,357,754$ Weighted Average to Maturity = 241.3 Days % of Wgt Avg Actual Actual
Note: Total Cash Invested Rate/Annual Yield Interest Earned Interest Received S - Semi-Annual Month FY 22-23 FY 21-22 FY 22-23 FY 21-22 Month Wgt Avg FY 22-23 FY 21-22 FY 22-23 FY 21-22 FY 22-23 FY 21-22 Q - Quarterly July 95,992,423$ 54,363,905$ 97.43% 96.93% July Wgt Avg 1.256% 0.308% 96,870 14,234 92,394 45,850 M - Monthly August 88,892,423 52,463,905 96.51% 97.06% August Wgt Avg 1.551% 0.312% 115,907 13,877 36,229 11,468 September 90,715,725 50,330,362 99.10% 96.56% September Wgt Avg 1.747% 0.326% 127,709 13,088 11,182 3,932 October 89,623,228 48,193,417 99.95% 98.37% October Wgt Avg 1.935% 0.328% 147,697 13,148 238,174 30,291 November 90,523,477 48,693,417 99.39% 97.47% November Wgt Avg 2.179% 0.339% 158,306 13,404 5,305 3,307 December 92,073,477 48,293,417 99.57% 96.42% December Wgt Avg 2.176% 0.348% 179,271 13,934 80,614 781 January 56,666,457 98.67% January Wgt Avg 0.346% 16,632 34,035 February 54,766,457 97.09% February Wgt Avg 0.463% 15,799 11,645 March 55,302,899 98.86% March Wgt Avg 0.532% 24,508 11,104 April 55,250,961 92.68% April Wgt Avg 0.653% 29,655 35,301 May 57,950,961 96.79% May Wgt Avg 0.775% 38,100 5,031 31-Dec-22 June 90,905,347 89.62% June Wgt Avg 0.927% 66,936 781 31 Average 91,303,459$ 56,098,459$ Average 98.66% Average 96.38% Average 1.807% 0.471% 825,762 273,316 463,898 193,526 Per Governmental Code requirements, this schedule of Investments icomplies with the City of Campbell's Investment Policy, and there are adequate funds available to meet the budgeted expenditures for the next six months. * Market prices are obtained from the monthly investment statements of the various institutions or the City's third-party custodian, BNY Mellon Bank.

Portfolio Balance
invsch10- copy for PDF
1/24/2023

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Attachment: Cashflow Projections (Investment Report - Quarter Ending December 2022)

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Attachment: Cashflow Projections (Investment Report - Quarter Ending December 2022)

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Attachment: Cashflow Projections (Investment Report - Quarter Ending December 2022)

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Attachment: Cashflow Projections (Investment Report - Quarter Ending December 2022)

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Attachment: Cashflow Projections (Investment Report - Quarter Ending December 2022)

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Attachment: Cashflow Projections (Investment Report - Quarter Ending December 2022)

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Attachment: Actual Receipts and Disbursements (Investment Report - Quarter Ending December 2022)

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Attachment: Actual Receipts and Disbursements (Investment Report - Quarter Ending December 2022)

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Attachment: Actual Receipts and Disbursements (Investment Report - Quarter Ending December 2022)

City
Council
Report

TITLE: Authorization to Submit 2016 Measure B Bicycle & Pedestrian Planning Studies Grant Application for the Hamilton
Avenue/Highway 17 Bicycle Overcrossing Plann ing Study
(Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt the resolution 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 Planning Study.

BACKGROUND
On August 8, 2015, the City Council adopted Resolution No. 11871 authorizing the Public Works Director to submit the Valley Transportation Plan 2045 (VTP 2045) Project List. The projects submitted to the Santa Clara Valley Transportation Authority (VTA) were also included in the 2016 Measure B ballot measure as projects eligible to receive Measure B funding.

On July 5, 2022, the City Council adopted Resolution No. 12856 authori zing the Public Works Director to submit One Bay Area Grant (OBAG) Program Grant Applications.

One of the projects submitted for funding was the Hamilton Avenue Precise Plan Project. This project would create a plan along the Hamilton Avenue corridor eas t and west of the State Route 17 interchange.

Among the deliverables from the Hamilton Avenue Precise Plan would be preliminary design and cost estimation of connectivity and infrastructure enhancements across State Route 17 to the Hamilton Light Rail S tation, and a nexus study and establishment of development impact fees for projects within the plan area to support the construction of planned connectivity enhancements. Figure 1 shows the draft bounding of the Hamilton Avenue Precise Plan.

In January 2023, staff learned that although the Hamilton Avenue Precise Plan was not recommended for OBAG funding at this time, Metropolitan Transportation Commission (MTC) staff recommended that this project be included in a Contingency Project List. If OBAG funds become available, this project would remain eligible to receive funds. On January 25, 2023, MTC was scheduled to approve the OBAG recommended projects list and Contingency Project List.

Item: 6
Category: CONSENT CALENDAR
Meeting Date: February 7, 2023
6 Packet Pg. 33
Measure B Bicycle & Pedestrian Planning Studies Grant Application Page 2 of 5

Figure 1: Draft Boundary of Hamilton Avenue Precise Plan

2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program Call for Projects

On November 28, 2022, the Santa Clara Valley Transportation Authority (VTA) issued a call for projects for the 2016 Measure B Bicycle & Pede strian Planning Studies Competitive 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 walkin g or biking safer and more convenient. The program supports planning activities that will lead to capital project development of projects included in Attachment A of the 2016 Measure B Ballot Measure.

The 2016 Measure B half -cent sales tax revenues fun d this grant program.

Approximately $1.18 million is available for Fiscal Year (FY) 2022 to FY2023. Each application must request a minimum of $50,000 per proposal and no sponsoring agency can be awarded more than 50% of the total available funds unless the grant cycle is undersubscribed.

Projects not included in the list of projects are ineligible to compete for grant funds.

Project applications will be scored based on criteria adopted by the VTA Board of Directors. The criteria are:

• Community engagement
• Gap closure
• Connections to schools, transit, employee centers, or key community destinations
• Safety
• Equity considerations
• Non-2016 Measure B contribution (i.e., local match).

DISCUSSION
6 Packet Pg. 34
Measure B Bicycle & Pedestrian Planning Studies Grant Application Page 3 of 5 Staff is proposing to submit a 2016 Measure B Bicycle & Pedestr ian Planning Studies grant application for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study.

Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study

The Hamilton Avenue/Highway 17 interchange has high -volume, high -speed traffic traveling onto freeway on -ramps. Hamilton Avenue east of Salmar Avenue has no bicycle lanes or shoulders. Hamilton Avenue would benefit from modifications to reduce or eliminate conflicts between motorists and bicyclists.

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 o f 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 t he City Council and Campbell Bicycle and Pedestrian Advisory Committee (BPAC), 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.

On January 19, 2023, the Campbell B PAC voted to support the City’s pursuit of a Measure B grant to prepare a planning study for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Project.

2016 Measure B Bicycle & Pedestrian Planning Studies Grant Program Schedule

The tentative program schedule is as follows.

Grant Applications Due Date February 21, 2023
VTA Scoring Committee Reviews Proposals March 2023
VTA Committees Approve Project List May 2023
VTA Board Approval of Project List June 2023

The Measure B funds would become available by the Fall of 2023 at the earliest.

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Measure B Bicycle & Pedestrian Planning Studies Grant Application Page 4 of 5

FISCAL IMPACT
The 2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program requires a minimum local match of ten percent. Based on the program’s scoring system, projects will score a maximum number of points for project funding if the local match is greater than or equal to 30 percent. Since the grant application process will be highly competitive, staff recommends a minimum local match of 30 percent to improve the chances of a grant award.

The Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study is estimated to cost $360,000. To be as competitive as possible, the City would need to commit 30% of this amount, or $108,000. The OBAG Grant Application to construct the Campbell Priority Development Area (PDA) Enhancements Project was unsuccessful and as such, the $580,000 in American Rescue Plan Act (ARPA) funds desi gnated to serve as the local match for Campbell PDA Enhancements Project may now be used for other purposes. Staff recommends using $108,000 in ARPA funds to provide the 30 percent local match for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Planni ng Study.

Should the study be awarded a Measure B Grant, a budget adjustment will be required to for the ARPA funds to provide the 30 percent local match.

ALTERNATIVES

1. Do not submit 2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program grant application for this project. This alternative is not recommended since the project is currently unfunded. If successful, the City would pay only the local match for the project. In return, the City would be able to fund the project.

2. Submit a grant application providing only the minimum ten percent local match. This alternative is not recommended since the grant process is highly competitive and projects which do not score highly in local match are unlikely to be awarded grants.

Prepared by:

Matthew Jue, Traffic Engineer

Reviewed by:

Todd Capurso, Director of Public Works

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Measure B Bicycle & Pedestrian Planning Studies Grant Application Page 5 of 5

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
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RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SUBMIT
2016 MEASURE B BICYCLE & PEDESTRIAN PLANNING STUDIES COMPETITIVE

GRANT PROGRAM GRANT APPLICATION FOR THE HAMILTON
AVENUE/HIGHWAY 17 BICYCLE OVERCROSSING STUDY

WHEREAS, the Santa Clara Valley Transportation Authority (VTA) has issued a call for projects for the 2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program; and

WHEREAS, the 2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program is funded by 2016 Measure B half-cent sales tax revenues; and

WHEREAS, the grant program requires a minimum ten percent local match; and

WHEREAS, the Hamilton Avenue/Highway 17 interchange has high-volume, high-speed traffic traveling onto freeway on-ramps; and

WHEREAS, Hamilton Avenue east of Salmar Avenue has no bicycle lanes or shoulders.

Hamilton Avenue would benefit from modifications to reduc e or eliminate conflicts between motorists and bicyclists; 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, staff recommends the Hamilton Avenue /Highway 17 Bicycle Overcrossing Planning Study be submitted as a project to compete for 2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program funds; and

WHEREAS, o n January 19, 2023, the Campbell Bicycle and Pedestrian Advisory Committee voted in support of the City’s pursuit of a Measure B grant to prepare a planning study for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Project; and

WHEREAS, the project is estimated to cost $360,000; and

WHEREAS, a minimum 10% local match is required; and

WHEREAS, a maximum number of points for local match scoring can be earned with a local match of 30% or more; and

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Attachment: Resolution [Revision 1] (Measure B Bicycle & Pedestrian Planning Studies Grant Application)

WHEREAS, staff recommends that the City Council approve the maximum 30% local match for Hamilton Avenue /Highway 17 Bicycle Overcrossing Planning Study grant application since the grant application process will be highly competitive; and

WHEREAS, $580,000 in American Rescue Plan Act (ARPA) funds is available to serve as the local match since the One Bay Area Grant (OBAG) grant application for the Campbell Priority Development Area (PDA) Enhancements Project was unsuccessful; and

WHEREAS, should a 2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program grant be awarded for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study, a budget adjustment would be required to provide the 30% local match.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell that the Public Works Director is hereby authorized to submit a 2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program grant application for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study; and

BE IT FURTHER RESOLVED that the City of Campbell will provide a 30 percent local match for the project should 2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program funds be awarded to the City of Campbell; and

BE IT FURTHER RESOLVED that the City Council authorizes the use of $108,000 in ARPA funds to serve as the local match; and

BE IT FURTHER RESOLVED that the City Council approves the budget adjustment allocating $ 108,000 in ARPA funds to the Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study and related transfers should the project be awarded 2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program funds.

PASSED AND ADOPTED this 7th day of February, 2023 by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:

APPROVED:

___________________________________
Anne Bybee, Mayor
ATTEST:

___________________________
Andrea Sanders, City Clerk

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Attachment: Resolution [Revision 1] (Measure B Bicycle & Pedestrian Planning Studies Grant Application)

City
Council
Report

TITLE: Public Hearing to Consider an Interim Ordinance to Adopt Urgency Revisions to Title 21 Related to Accessory Dwelling Units (AD Us) and Junior Accessory Dwelling Units (JADUs) to Conform with Recent State Legislation (AB -2221 and SB -897). File No. PLN -2022- 166 (Ordinance/Roll Call Vote).

RECOMMENDED ACTION

It is recommended that City Council adopt an interim ordinance approving u rgency revisions to Title 21 to conform with recent State legislation (AB-2221 and SB-897).

ENVIRONMENTAL DETERMINATION

This action is Statutorily Exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Public R esource Code Section 21080.17, which exempts the adoption of a local ordinance to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code relating to the accessory dwelling units.

DISCUSSION

Background: In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that have imposed new limits on local authority to regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs).

In September 2022 , the Gov ernor signed into law Senate Bill No. 897 (SB -897) and Assembly Bill No. 2221 (AB-2221)1 addressing ADU’s which add changes pertaining to building height, front -setbacks, interior access, parking, Building Code occupancy, fire sprinklers, legalization of an unpermitted ADUs, as well as several procedural revisions.

The law took effect January 1, 2023. Since the City's ADU ordinance does not currently comply with the new requirements, the City's existing ADU ordinance is currently null and void pursuant to Government Code § 65852.2(a)(6) until such time it brings its local ordinance into compliance. Until then, the City cannot apply local development

1 Both AB 2221 and SB 897 were signed into law, but AB 2221 was superseded because it would have amended the same statute that SB 897 amended, and SB 897 was signed into law (chaptered) later.

However, section 2.5 of SB 897 expressly includes, among others, changes to the ADU law that would have been made by AB 2221.

Item: 7
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: February 7, 2023
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PLN-2022-166 ~ ADU Interim Ordinance Page 2 of 4
standards to ADUs and must rely upon the requirements provided in the Government Code. As a result, it is prudent for Campbell to adopt an interim ordinance establishing ADU standards that are consistent with State Law while it prepares permanent development standards.

Procedural Requirements : California Government Code Section 65858 allows local jurisdictions to adopt an interim ordinance to approve urgency measures as needed to provide sufficient time to address pressing land use matters. Consistent with the Government Code, Campbell Municipal Code (CMC) Section 21.60.090 (Interim Ordinance) also provides that "the City Council may take appropriate action to adopt an urgency measure, as an interim ordinance, in compliance with State law…"

An interim ordinance requires a four -fifths vote of the City Council for adoption and is effective for no more than 45 days . The City Council may further extend the interim ordinance for 10 months and 15 days after a noticed public hearing and may subsequently extend the urgency ordinance for up to two years. Government Code section 65858(a) provides that the City Council may, after notice pursuant to Government Code section 65090 and a public hearing, subsequently extend an interim ordinance for an additional one year beyond expiration of the first extension.

Proposed Revisions: The following is a summary of the key provisio ns contained in the interim ordinance.

◼ Statewide Exemption ADU/Front -Setback: Previous State ADU legislation exempted ADUs less than 800 square -feet (with 4 -ft side and rear setbacks), from development standards related to lot coverage, floor area ratio (FAR), building separation, and minimum open space requirements. The new legislation also exempts these ADU’s from the front yard setback requirements. The California Department of Housing and Community Development (HCD), in its ADU Handbook (July 2022) , has termed ADUs that satisfy these conditions, as "Statewide Exemption Accessory Dwelling Units."

Consistent with HCD's guidance , the draft interim ordinance consolida tes the various exemptions into a single new section (§ 21.23.060 – Special Provisions for Statewide Exemption Accessory Dwelling Units). This section more clearly defines the applicability of the exemptions and provides specific limitations. For example, when an ADU is attached to a single -family home, the front setback exemption only applies to the portion of the building occupied by the ADU, not the entire house.

◼ Amnesty: New Government Code 65852.23(a) establishes amnesty provisions for pre -existing AD U’s by precluding the City from denying a permit for an unpermitted ADU in existence prior to January 1, 2018 for noncompliance with local or state ADU standards, provided that the structure is not deemed 7 Packet Pg. 41
PLN-2022-166 ~ ADU Interim Ordinance Page 3 of 4
"substandard."2 To address this new limitation, the interim ordinance includes a new section (§ 21.23.100 - Unpermitted Accessory Dwelling Units) that defines its applicability and provides for general provisions and restrictions.

◼ Building Height : The minimum allowable building height for a detached ADU has been increased from 16 -feet to 18 -feet for ADUs within ½ mile walking distance of a major transit stop or high -quality transit corridor, with an additional two-feet in height allowed when necessary to align the roof pitch with the roof pitch of the main house. Since there is no relationship between building height and proximity to transit access defined in Campbell’s ordinances , the interim ordinance applies these changes City-wide for increased simplicity.

◼ Parking: Parking is no longer required when an ADU is proposed in conjunction with a new house. In combination with all current exceptions to parking, 3 there is functionally no longer a parking requirement for ADUs. As such, staff recommends acknowledging this fact by eliminating the parking require ment for ADUs citywide, also recognizing that parking can be satisfied through provision of a standard driveway (as opposed to a carport, garage, or dedicated parking pad). However, should a homeowner voluntary wish to construct parking for an ADU, it would need to satisfy the applicable development standards.

◼ Building Board of Appeals : The ADU legislation provides for exceptions to the City's obligation to issue a building permit for an ADU if it makes a "health and safety" finding . For example, the City is generally precluded from denying a permit on a property with an existing building code violation unless it finds that "correcting the violation is necessary to protect the health and safety of the public or occupants of the structure ." If a proposed ADU was adjacent to an unsecured or unsafe swimming pool, the City would be able to deny a permit until such time that the violation was resolved. As proposed in the interim ordinance , the Building Official would be vested with the authority to render such a finding on behalf of the City . However, to allow for an element of due process, the interim ordinance would also allow appeals of the Building Official's finding to the Building Board of Appeals.

NEXT STEPS

The interim ordinance will need to be extended at the Council's March 21, 2023,

2 As defined by Health and Safety Code § 17920.3, "substandard" means a dwelling without sanitation or cooking facilities, heating, ventilation, electrical lighting, or that is infested with vermin or pests, or that structurally unsound or in a state of disrepair, among other conditions. However, if such condition (s) can be remediated, then a building permit could be issued , as the structure would no longer be deemed "substandard".
3 Parking cannot be required when an ADU is located within or attached to a primary residence, when an ADU is created from conversion of an accessory structure (e.g., garage), or when a parcel that is within:
(1) a walking distance of one-half mile of public transit, (2) a designated historic district, (3) one block of a City-licensed car share vehicle, or (4) the boundaries of a permanent residential parking permit program, where the City does not offer parking permits to occupants of an accessory dwelling unit. 7 Packet Pg. 42
PLN-2022-166 ~ ADU Interim Ordinance Page 4 of 4
meeting, prior to the 45-day expiration. Formal adoption of the ADU ordinance revisions will be included in the comprehensive municipal code update (implementing the new General Plan, Housing Element, and Multi-Family Development and Design Standards), scheduled for adoption this Spring.

ALTERNATIVES
If the City chooses not to adopt an interim ordinance, it will be unable to enforce its local ADU provisions. The City could instead focus on preparation and adoption of a permanent ADU Ordinance without an interim ordinance, however due to competing workload demands the permanent ordinance would not be available for adoption until March at the earliest . If adopted in this manner, the ordinance would also not go into effect until six weeks after introduction. The Council may request specific revisions to the standards in the interim ordinance , however given the need to quickly establish interim standards now, the Council may also consider deferring recommendation on modifications in standards until formal adoption, as noted, above.

FISCAL IMPACT
Adoption of the Interim Ordinance will act to implement State regulations regarding ADU’s and is not expected to have a fiscal impact upon the City.

Prepared by:

Daniel Fama, Senior Planner
Reviewed by:

Rob Eastwood, Community Development Director
Attachment:
a. Exhibit 1 - Draft ADU Interim Ordinance
7 Packet Pg. 43
Approved by:

Brian Loventhal, City Manager

Ordinance No. _____

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

RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS TO CONFORM WITH RECENT STATE
LEGISLATION (AB-2221 AND SB-897). FILE NO.: PLN-2022-166 WHEREAS, on September 28, 2022, the Governor of the State of California signed into law Senate Bill No. 897 (Wieckowski) and Assembly Bill No. 2221 (Quirk-Silva), which combined, amend ed Government Code Sections 65852.2 and 65852.22 , and created Section 65852.23, and amended Health and Safety Code Section 17980.12, pertaining to the creation of accessory dwelling units and junior accessory dwelling units, and which took effect January 1, 2023.

WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB-897 (Wieckowski) and AB-2221 (Quirk-Silva) in that the City’s local accessory dwelling unit ordinance is no longer consistent with Government Code Sections 65852.2 and 65852.22 as of January 1, 2023, rendering the City's ordinance null and void, thereby limiting the City to applying the few default statutory standards provided in the aforementioned Government Code sections for the approval of accessory dwelling units and junior accessory dwelling units.

WHEREAS, the City is undertaking a study to develop permanent zoning standards to conform its current zoning code provisions to conform to the changes in the State law, which shall be completed within a reasonable time, not to exceed 23 months from the adoption of this interim ordinance.

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

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

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

WHEREAS, the approval of accessory dwelling units and junior accessory dwelling units based solely on the few default statutory standards of the California Government Code, without local reg
ulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, negatively impact property values, personal privacy, fire safety, and create confusion that would hinder the creation of accessory dwelling units and junior accessory dwelling units within the community.

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

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

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

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

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

21.23 (Accessory Dwelling Units) of the Campbell Municipal Code for consistency with Senate Bill No. 897 (Wieckowski) and Assembly Bill No. 2221 (Quirk-Silva).

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

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

Chapter 21.23 ACCESSORY DWELLING UNITS

21.23.010 Purpose.

This Chapter provides for the establishment of accessory dwelling units and junior accessory dwelling units, in compliance with Article 2 (Zoning Districts), the California Government Code, and the California Building Code (CBC). The purpose of permitting accessory dwelling units and junior accessory dwelling units is to allow more efficient use of the City's existing housing stock and to provide the opportunity for the development of small rental housing units designed to meet the housing needs of individuals and families, while preserving the integrity of residential neighborhoods. It is not the intent of this Chapter to override any lawful use restrictions as may be set forth in Conditions, Covenants, and Restrictions (CC&Rs).
( Ord. No. 2252 , § 7, 11-19-2019)

21.23.020 Minimum Standards for Eligibility.

One accessory dwelling unit and one junior accessory dwelling unit may be constructed on parcels satisfying all of the following minimum standards:

A. Zoning district. A parcel located within a resident ial zoning district as specified by Chapter 21.08 (Residential zoning districts) or in the P -D (Planned Development) Zoning District on a parcel with a General Plan land use

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designation that directly corresponds to a residential zoning or mixed-use district as specified by Section 21.04.020, Table 2-1.

B. Dwelling unit. A parcel that is presently developed with at least one lawfully constructed primary dwelling unit or that will be developed with a primary dwelling unit in conjunction with the creation of an accessory dwelling unit. For the purposes of this Chapter, a primary dwelling unit shall only include a proposed or existing detached single -family dwelling , inclusive of detached small-lot single-family dwellings, except for accessory dwelling units constructed on multi -family residential properties pursuant to Section 21.23.050 (Special Provisions for Multi-family Residential Properties).

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

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

21.23.030 Accessory Dwelling Unit Development Standards.

An accessory dwelling unit shall be constructed only in accordance with the following development standards, except as provided by Section 21.23.065 (Special Provisions for Statewide Exemption Accessory Dwelling Units):

A. General requirements. Creation of an accessory dwelling unit shall comply with all applicable land use permit, general performance, site development, landscaping, flood damage prevention, and tree protection standards specified by this Title. The requirements for a ccessory structures found in Section

21.36.020 (Accessory structures) do not apply to accessory dwelling units.

B. Placement. Detached accessory dwelling units may be located in front of, to the side of, or behind the primary dwelling unit.

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

Exception: Accessory dwelling units that are eight hundred square feet or smaller and no taller than sixteen feet may encroach into the required open space area of a parcel.

D. Floor area ratio and lot coverage. Creation of an accessory dwelling unit shall comply with the maximum floor area ratio and maximum lot coverage as specified by the applicable zoning district and/or area or neighborhood plan. In the case of a parcel withi n the P -D (Planned Development) zoning district the maximum floor area ratio and maximum lot coverage shall be equal to the

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standards provided by the zoning district that directly corresponds to the parcel's General Plan land use designation as specified b y Section 21.04.020, Table 2- 1 (Zoning Districts and General Plan Designations).

Exception: Up to eight hundred square feet of gross floor area of an accessory dwelling unit shall be exempt from the applicable maximum floor area ratio and maximum lot cove rage requirements. This exception does not apply to junior accessory dwelling units.

E. Setbacks. An accessory dwelling unit shall conform to the setback standards specified by Table 3-1(b), below:

Table 3-1(b) — Setback Standards

Setback (1)
Requirement (2)
Detached ADUs Interior and
Attached ADUs
Property Line
Setbacks
Front
The same standard as
for the primary dwelling
unit The same standard as
for the primary dwelling
unit Interior Sides 4 feet Rear
Street Side 12 feet
Separation from
Primary Dwelling Unit
(3)
If located in front of the
primary dwelling unit 10 feet
Not applicable
If located behind the
primary dwelling unit
If located to the side of
the primary dwelling
unit
5 feet
Separation from
Accessory
Structure(s) (3)
If located in front of the
accessory structure 10 feet As specified by Section

21.36.020 (Accessory
structures)
If located behind the
accessory structure
If located to the side of
the accessory structure 5 feet
Exceptions:
(1) Cornices, eaves, sills, canopies, bay windows, or other similar architectural features may extend into required setbacks and building separation distances as specified Section 21.18.040.B.1. (2) No setback shall be required for an existing accessory structure that is converted (in whole or in part) to an accessory dwelling unit, nor for an accessory dwelling unit created within the existing space of a primary dwelling unit provided that the existing side and rear setbacks are sufficient for fire safety . (3) Except for accessory dwelling units that are no larger than eight hundred square feet and no taller than 16-feet, which shall be separated from other structures only to the extent that may be required by the building or fire code.

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

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G. Maximum size. The maximum floor area for a detached accessory dwelling unit shall be one thousand two hundred square feet, except for a unit contained within the existing space of an accessory structure, which is limited to the existing size of the accessory structure. The maximum living area for an attached or interior accessory dwelling unit shall not exceed fifty percent of the living area of the primary dwelling unit, except that a minimum allowable living area of eight hundred and fifty square feet shall be permitted.

H. Allowable rooms. An accessory dw elling unit shall be limited to a maximum of three bathrooms and three bedrooms (defined as a habitable room with an area not less than seventy square feet as described by California Building Code Section 1208.3). An accessory dwelling unit shall also contain no more than one kitchen facility, and no more than one living room (defined as a habitable room with an area not less than one hundred twenty square feet as described by California Building Code Section 1208.1), and at least one bathroom with bathing and sanitary facilities. No other rooms or closets larger than one hundred twenty square feet shall be permitted unless they are fully interior within the accessory dwelling unit without any exterior walls from which windows could be created.

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

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

2. Attached accessory dwelling units. Attached accessory dwelling units may be constructed on the first floor of, or as a second floor to, the lawfully constructed primary dwelling unit, except that it shall not be constructed above any portion of an attached garage. The height of an a ttached accessory dwelling unit shall not exceed that specified by the applicable zoning district and/or area or neighborhood plan.

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

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

1. Number of spaces. Required and replacement parking sha ll be provided as specified by Table 3-1(d), below:

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Table 3-1(d) — Parking Standards
Standard Detached ADUs Interior and Attached
ADUs
Required Parking 1 space per unit or per
bedroom,
whichever is less
Not Required
Replacement Parking Existing parking spaces that are removed (in whole or in part) to allow for the creation of an
accessory dwelling unit or junior accessory
dwelling unit (e.g., by demol ition or conversion
of a garage) are not required to be replaced.

Exception: No "required parking", as specified by this table, shall be required for a detached accessory dwelling unit that is contained within the existing space of an accessory structure. Further, no "required parking" shall be required for an accessory dwelling unit that is located on a parcel that is within: (1) a walking distance of one -half mile of public transit, (2) a designated historic district, (3) one block of a City-licensed car share vehicle, or (4) the boundaries of a permanent residential parking permit program, where the City does not offer parking permits to occupants of an accessory dwelling unit.

1. Parking requirement. No parking spaces are required for creation of an accessory dwelling unit or junior accessory dwelling unit. Existing parking spaces that are removed (in whole or in part) to allow for the creation of an accessory dwelling unit or junior accessory dwelling unit (e.g., by demolition or conversion of a garage) are not required to be replaced.

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

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e. Required Uncovered parking stalls spaces may be designed to allow vehicles to back out onto an abutting public street provided that the street is classified as "local street" by the General Plan roadway classification diagram.

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

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

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

3. Interior accessory dwelling units. Interior accessory dwelling units contained within the existing space of an attached garage shall include removal of garage doors which shall be replaced with architectural featu res the same as those of the primary dwelling unit, including the same wall cladding, building color(s), wainscot, and window frames that remove any appearance that the structure was originally a garage.

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

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

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

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

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21.23.040 Junior Accessory Dwelling Unit Development Standards.

A junior accessory dwelling unit shall be constructed only on a parcel developed with no more than one single -family dwelling and in accordance with the following development standards:

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

B. Associated dwelling. The junior accessory dwelling unit shall be contained entirely within an existing or proposed primary dwelling unit (including within an existing attached garage) or detached accessory dwelling unit . utilizing one of the allowable three bedrooms.

C. Kitchen. The junior accessory dwelling unit shall contain a kitchen or an efficiency kitchen.

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

E. Entrance. The junior accessory dwelling unit shall include an exterior entrance separate from the main entrance to the primary dwelling unit or detached accessory dwelling unit., with aAn interior entry into the main living area of the associated primary dwelling unit or detached accessory dwelling unit shall be provided if the junior accessory dwelling unit does not have a separate bathroom. The main living area shall mean a living room, family room, or a hallway leading to the living room or family room of the associated primary dwelling unit or detached accessory dwelling unit. The junior accessory dwelling unit may include a second interior doorway for sound attenuation.

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

G. Owner occupancy required. A property with a junior accessory dwelling unit shall be occupied by the property owner, who shall reside in eit her the junior accessory dwelling unit or the primary dwelling unit. The community development director shall may require recordation of a deed restriction documenting this restriction prior to issuance of a building permit. ( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 8, 8-16-2022)

21.23.050 Special Provisions for Multi-family Residential Properties.

The following requirements and restrictions apply to creation of accessory dwelling units on multi -family residential properties and shall supersede any provision to the contrary within this Chapter, except as provided by Section 21.23.065 (Special Provisions for Statewide Exemption Accessory Dwelling Units)::

A. Defined. For the purposes of this section, the term "multifamily dwelling structure" and "multifamily dwelling" shall have the same meaning as "Duplex,"

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"Triplex," "Fourplex," and "apartment" as defined by Chapter 21.72 (Definitions).

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

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

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

D. If the existing multifamily dwelling has a rear or side setback of less than four feet, the City shall not require any modification of the existing multifamily dwelling(s) as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this section. ( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 16, 8-16-2022)

21.23.060 Special Provisions for Historic Properties.

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

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

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

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

D. Design. The design of the detached accessory dwelling unit shall maintain the appearance of the primary dwelling unit, by using similar the same wall cladding,

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trim detail, roofing material, wainscot, building color(s), window frames/trim and divisions, and the predominant roof form and roof pitch.

E. Exception. Detached accessory dwelling units that are eight hundred square feet or smaller and no taller than sixteen feet are not subject to the design or placement requirements of this section.
( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 23, 8-16-2022)

21.23.065 Special Provisions for Statewide Exemption Accessory Dwelling Units This section provides exceptions to the requirements of this Chapter pursuant to Government Code Section 65852 .2, as interpreted by the California Department of Housing and Community Development.

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

B. Defined. A statewide exemption accessory dwelling unit is an attached or detached accessory dwelling unit no larger than 800 square feet in floor area, inclusive of garage area, with rear and interior side setbacks in compliance with Table 3-1, and a height not exceeding 18-feet.

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

21.23.030 (Accessory dwelling unit development standards) and the design and placement requirements specified by Section 21. 23.060 (Special provisions for historic properties), except that the exemption to the front setback for an attached accessory dwelling unit shall only apply to that portion of the primary dwelling unit occupied by the accessory dwelling unit. All other standards, requirements, and restrictions of this Chapter shall continue to apply.

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

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

21.23.070 General Requirements and Restrictions.

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

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

B. Non-conforming zoning conditions. The City shall not require the correction of nonconforming zoning conditions to allow creation of an accessory dwelling unit or a junior accessory dwelling unit nor use the existence of non -conforming zoning conditions as a basis to deny a permit for an accessory dwelling unit or a junior accessory dwelling unit.

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

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

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

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

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

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or a space only permitted for nonresidential use that is proposed to be converted to an accessory dwelling unit and junior accessory dwelling unit.

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

21.23.080 Approval Process.

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

A. Ministerial review. The City shall issue a either approve or deny concurrent applications for a ministerial building permit in compliance with Title 18 (Building Code) and a Zoning Clearance in compliance with Chapter 21.40 (Zoning clearances), for an accessory dwelling unit or junior accessory dwelling unit that is consistent with the provisions of this Chapter, as determined by issuance of a Zoning Clearance in compliance with Chapter 21.40 (Zoning clearances), within sixty days of submittal of a complete building permit application. If the permit application to create an accessory dwelling unit or junior accessory dwelling unit is submitted in conjunction with a permit application to create a new single -family dwelling unit or multifamily dwelling on the same lot, the City may delay acting approving or denyingon the permit application for the junior accessory dwelling unit until the permitting agency City acts on the permit application to create the new single-family dwelling unit or multifamily dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a public hearing. A simple depiction of an accessory dwelling unit or junior accessory dwelling unit on a site plan submitted for an application for a n ew single-family dwelling unit or multifamily dwelling shall not be construed as subjecting the accessory dwelling unit or junior accessory dwelling unit to discretionary review or a public hearing.

B. Other land use permits. Notwithstanding the foregoing, and except as provided in Section 21.23. 65 (Statewide Exemption Accessory Dwelling Units ), physical expansion of an existing primary dwelling unit (i.e., addition) or construction of a new primary dwelling unit located on a parcel that is subject to design review pursuant to Chapter 21.42 (Site and architectural review), Chapter 21.33 (Historic preservation), or Chapter 21.12.030 (P -D (Planned development) zoning district) shall first receive approval of the appropriate land use permit prior to a submittal of a ministerial building permit application for an accessory dwelling unit. The sixty- day period for processing the application for the accessory dwelling unit or junior accessory dwelling shall be tolled during any delay requested by the applicant.

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

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

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

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

21.23.090 Development Policy.

A single-family residential subdivision resulting in five or more parcels, exclusive of commonly-held parcels, shall be subject to the following requirements:

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

B. Alternative. In -lieu of the aforementioned requirement, twenty percent of the parcels may be developed with an accessory dwelling unit, to be constructed concurrently with the primary dwelling units.

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

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

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

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

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

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

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

E. Restriction. An accessory dwelling unit authorized under this section shall not be permitted to exercise the setback exception for non -conforming structures provided for in Section 21.58.050.F (Exceptions). Any expansion of the accessory dwelling unit shall conform to all applicable development standards specified by Section 21.23.030 (Accessory Dwelling Unit Development Standards). The community d evelopment director may require recordation of a deed restriction documenting this restriction.

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

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

21.23.110 Incentives and Promotion.

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

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21.23.120 Definitions.

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

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

Figure 3.6(a)
Attached accessory dwelling unit

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

Figure 3.6(b)
Detached accessory dwelling unit

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

Figure 3.6(c)
Interior accessory dwelling unit

"Car share vehicle" means a motor vehicle as defined by Vehicle Code Section 22507.1(d).
"Complete building permit application" means an application for a building permit that has been accepted for review by the City , comprising all required drawings, det ails, and calculations as specified by the applicable application checklist , including those necessary to determine the appropriate scope of work pursuant to Chapter 18.32 (Determination of scope of work), and a boundary survey if required to verify parcel size,and remittance of plan review fees . which has been cleared for issuance by all reviewing departments and which the Building Official has determined may be issued to an appropriate individual upon payment of the necessary fees. "Contained within the existing space" means conversion of a lawf ully constructed structure's existing floor area to create an accessory dwelling unit. "Conversion" or "convert(ed)" means to remodel a legally constructed structure to an accessory dwelling unit or to construct a new accessory dwelling unit in the same location and to the same dimensions as an existing accessory structure. "Driveway" means a paved access way as defined in Section 21.72.020.D, including a paved area reserved or created for the purpose of satisfying a parking requirement of this Chapter.
"Efficiency kitchen" means a cooking facility for a junior accessory dwelling unit which contains a sink, food preparation counter, food storage cabinet, and electrical circuitry suitable for common kitchen appliances.
"Existing space of an accessory structure" means the gross floor area of an accessory structure that has rec eived final building permit clearance prior to January 1, 2017 and which has not been expanded on or after January 1, 2017. "Junior accessory dwelling unit" means a dwelling unit that is no more than five hundred square feet in size and contained entirely within an existing or proposed single- family dwelling or detached accessory dwelling unit. A junior accessory dwelling unit may

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include separate sanitation facilities or may share sanitation facilities with the existing structure.
"Living area" means the interior habitable floor area of a dwelling unit, including conditioned basements and attics, but not garages or other uninhabitable space, as measured to the outside surface of exterior walls.
"Floor area" means the total horizontal floor area in square feet of a detached accessory dwelling unit as measured to the outside surface of exterior walls of the structure, including the living area, unconditioned basements, and any other unconditioned rooms, excluding attached garages.
"Passageway" means a pathway that is unobstructed to the sky and extends from a street to the entrance of an accessory dwelling unit.
"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. "Setback" means the required separation as defined in Section 21.72.020.S, including the required distance between structures , and as further d efined in Section

21.25.030.
"Short term rental" means use of a residential property for lodging purposes as defined by Government Code Section 19822.4(1).
"Story" means the portion of a building as defined in Section 21.72.020.S, including a "half-story," a mezzanine, or a loft.
"Tandem parking" means a parking configuration where two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. ( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , §§ 10, 11, 8-16-2022) SECTION 4 (SEVERABILITY): If any section, subsection, sentence, clause, or phrase of this interim ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the interim ordinance. The City Council hereby declares that it would have passed this interim ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whethe r any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5 (STATE LAW). Any provision of this interim ordinance which is inconsistent with Government Code Section 65852.2 , Section 65852.22, or Section 65852.23, shall be interpreted in a manner which is the most limiting on the ability to create an accessory dwelling unit or junior accessory dwelling unit, but which is consistent with State law. The provisions of this interim ordinance shall supersede and take precedence over any inconsistent provision of the Campbell Municipal Code to that extent necessary to effect the provisions of this interim ordinance for the duration of its effectiveness.

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SECTION 6 (PUBLICATION): The City Clerk shall cause this inte rim ordinance to be published at least once in a newspaper of general circulation within 15 days after its adoption in accordance with Government Code Section 36933.

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

PASSED AND ADOPTED this _____ day of ____________, 202 2 by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

________________________
Anne Bybee, Mayor

ATTEST:

_______________________________
Andrea Sanders, City Clerk

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City
Council
Report

TITLE: Campbell’s Plan for Housing (2023 -2031 Housing Element) (File No.

PLN-2021-12)

RECOMMENDED ACTION

Provide direction to staff on modifications to Campbe ll’s Plan for Housing (2023 -2031 Housing Element) in response to feedback received from the California Department of Housing and Community Development (HCD).

BACKGROUND
The City of Campbell is completing its Envision Campbell (2040 General Plan) update in combination with the preparation of Campbell’s Plan for Housing (2023 -2031 Housing Element). The General Plan serves as the City’s blueprint for meeting the community’s long-term vision for the future. The Housing Element, which is part of the General Pl an, serves to identify how the city will meet its housing needs, including identification of Housing Opportunity Sites , establishment of Goals, Policies, and Programs which will guide housing development and services throughout the eight -year planning period, demonstrating how the city will satisfy its assigned RHNA (Regional Housing Needs Allocation) and complying with applicable housing policies and laws.

Over the past year, city staff and a consultant team ( Metropolitan Planning Group) have been working to update the Housing Element in compliance with state requirements.

During this time, the city has held over twenty (20) public meetings, consisting of virtual and in -person workshops and study sessions and hearings with the Planning Commission and City Council (see ‘ Project Website’ for details). The feedback provided from these meetings culminated in the development and release of the Draft Housing Element which is now undergoing its second review by the certifying agency, the California Department of Housing and Community Development (HCD).

In review of the Housing Element, HCD is responsible for ensuring compliance with state law 1, and once adopted, is responsible for enforcing any failure to implement

1 HCD reviews the Housing Element for compliance with Housing Element Law, Housing Accountability Act, No Net Law, Density Bonus Law, Anti -Discrimination in Land Use Law, Portions of the Permit Streamlining Act (PSA), Housing Crisis Act (HCA) of 2019, Affirmatively Furthering Fair Housing (AFFH), Streamlined Ministerial Approval Process (SB 35), By -Right Supportive Housing Provisions, By-Right Low Barrier Navigation Centers, Accessory Dwelling Unit Law, Affordable Housing Preservation Noticing Law, Surplus Land Act, Rental Inclusionary Housing, and Limitations on Development Standards.

Item: 8
Category: UNFINISHED BUSINESS
Meeting Date: February 7, 2023
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Housing Element Refinements in Response to HCD Feedback Page 2 of 8 programs or actions. Accordingly, a Housing Element must be certified by HCD sta ff in to be found compliant with state law and comments received from their agency are intended to meet legal requirements and ensure that it is easy to enforce the ongoing compliance post adoption.

The following serves to provide a summary of key dates related to HCD’s review of the Draft Housing Element:

• On August 5, 2022, the city submitted its 1st Draft of the Housing Element to (HCD) for review.

• On October 26, 2022, the city submitted a 2nd Draft of the Housing Element to HCD for review, responding to feedback received by HCD staff i n deliberative discussions during the initial review period, incorporating additional technical information and clarity to data points

• On November 3, 2022 , the city received a comment letter from HCD requesting the city to modify certain policies and programs to address housing issues and special interest areas.

• On November 22, 2022 , the Planning Commission held a study session provide recommendations to the City Council on further refinements to the Housing Element in response to the comment letter from HCD.

• On November 29, 2022 , the City Council held a special meeting and provided direction to staff on refinements to the Housing Element including modifications to policies and programs in the following topic areas: 1) homelessness; 2) preservation of at -risk units; 3) affirmatively furthering fair housing; 4) municipal code updates to comply with state law, and 5) establishing stronger commitments to milestones and actions associated with the update. The City Council directed staff to resubmit the revised Housing Element to HCD for review, as revised.

• On December 26, 2022, the city submitted its 3rd Draft of the Housing Element to HCD for review.

• On January 24, 2022, HCD staff held a deliberative call with staff and provided feedback on additional requested refinements to the Housing Element.

PURPose
This meeting is intended to solicit feedback from the City Council on potential modifications to Campbell’s “Plan for Housing” (2023-2031 Housing Element) in response to feedback received by HCD staff on the 3rd Draft of the Housing Element.

While HCD has up to 60 -days to provide formal comments on the 3 rd Draft of the Housing Element (due February 22, 2023), HCD staff has completed their review and has requested several final refinem ents to the Housing Element. HCD staff indicated 8 Packet Pg. 63
Housing Element Refinements in Response to HCD Feedback Page 3 of 8 that if the city could complete the requested refinements in February, HCD would provide confirmation that they will certify the Housing Element.

Under the City’s tentative schedule, the Planning Commissio n and City Council will review and consider adoption of the General Plan and Housing Element, together with updates to the Zoning Ordinance and adoption of Multifamily Residential Development and Design Standards in mid to late March. Receipt of initial confirmation from HCD that the Housing Element is compliant with State Law (and can be certified) will streamline the process to allow the City’s adoption of the Housing Element in March.

State Law establishes a January 31, 2023, deadline for the city (an d all other cities in the Bay Area) to adopt a certified Housing Element. As previously discussed with Council, the city will not meet this January 31, 2023, deadline as it is adopting Multi- Family Development and Design Standards (MFDDS) , and corresponding updates to the Campbell Municipal Code, scheduled to be considered for adoption in March.

DISCUSSION
The discussion is focused on four areas of refinement to th e Housing Element in response to deliberative discussions with HCD. The feedback received from the Council on these topics will be used to prepare a revised (Final) Housing Element that will be resubmitted to HCD in mid -February. The feedback provided by H CD in deliberative discussions expands on points outlined in the November 3, 2022, comment letter which provides recommendations for compliance which ar e based on sections from the Government Code.

While this report focuses on the significant changes to the Housing Element warranting policy input and direction, a table summarizing all HCD feedback received, and staff’s recommended response, has been pro vided as a dedicated attachment (reference Attachment A - Response to HCD Comments Matrix).

1. Areas Designated for Emergency Shelters

In review of the 3 rd Draft of the Housing Element, HCD staff expressed concern that the only areas of the city designated to allow emergency shelters , as a permitted use2, have an industrial land use designation. As a result, HCD noted that the sites selected do not meet the requirements of Gov. Code, § 65583 which, for nonvacant sites, would require the area to be zoned for residential use or for nonresidential uses that allow residential development.

To meet th is requirement, the city must either rezone its industrial areas to allow residential use s or allow emergency shelters in a zoning district that allows for

2 The city also allows for the establishment of emergency shelters with the approval of a conditional use permit in areas with a multi -family residential, commercial, or industrial, land use designation. The city also intends to allow emergency shelters as a conditional use in all areas with a mixed -use land use designation once established.
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Housing Element Refinements in Response to HCD Feedback Page 4 of 8 residential uses. Rather than changing the land use designation of the existing emergency shelter area to allow for residential development, staff recommends expanding the area where emergency shelters are allowed to also include those areas north of San Tomas Expressway, and southeast of Winchester Boulevard, that have a Commercial/Light Industrial land use designation as depicted in Figure 1 below.

Figure 1 – Existing & Potential Emergency Shelter Areas

While HCD would likely prefer the city to designate ar eas with a residential zoning designation for use as Emergency Shelters, staff believes the expanded area identified in Figure 1 to be appropriate given its proximity to public transit (i.e., Winchester Light Rail Station), a grocery store (i.e., Safeway), and the recent passage of SB 6 and AB 2011, which will allow for residential development in the area during the planning period.

➢ Staff Recommendation : Expand the areas in in the city in which Emergency Shelters are permitted to also include those area s designated Commercial/Light Industrial as depicted in Figure 1.

2. Permanent Supportive Housing Goals

The Draft Housing Element includes Program H -5e (Homelessness Assistance/Shelter Provisions) which, among the implementing actions3, seeks to

3 Housing Element Program H -5e s ets forth several actions, including establishing a new Unhoused 8 Packet Pg. 65
Housing Element Refinements in Response to HCD Feedback Page 5 of 8 create permanent supportive housing for individuals experiencing homelessness by applying for Project HomeKey funding, and through this funding, complete one project and/or produce 50 permanent supportive housing units by 2026.

Program H-5e: Homeless Assistance/Shelter Provisions: Increase housing options and services for persons experiencing homelessness in the community. The city will continue to support non -profit agencies that serve people experiencing homelessness and those at risk of becoming homeless. These agencies offer emergency shelters, transitional housing facilities, housing assistance, food, clothing, and job referrals to persons in need.

In consideration of the number of supportive housing units to be produced by Program H-5e, HCD has advised the ci ty to increase its target from 50 to 100 (or higher) in response to the most recent Santa Clara County Point in Time (PIT) counts which revealed that the City of Campbell had a 191% increase in homelessness between 2019 and 2022. HCD recommended linking th e number of target units to the PIT count recognizing it would help satisfy requirements to Affirmatively Furthering Fair Housing (Gov. Code, § 65583, subd. (c)(10)(A).) and satisfy unmet housing needs through program actions (Gov. Code, § 65583, subd. (c).).

Figure 2 – Point-in-Time Census and Survey Result for Campbell

Staff concurs with HCD’s feedback that the city should s trive to provide sufficient supportive housing to address its homeless population and recognizes that the number of units to be produced by Program H -5e are aspirational goals.

However, given HCDs suggestion to link the supportive housing target to roughly 50% of the Point in Time count for the city, staff would recommend amending the action language accordingly . The city is implementing several programs to address homelessness, and this will account for changing conditions and needs.

➢ Staff Recommendation: Update the implementing action of Program H - 5e to support the creation of permanent supportive housing units equal to at least 50% of the most recent Santa Clara County Point in Time (PIT) count.

3. Minimum Parking Requirements

Specialist position, and supporting safe parking, the Santa Clara County Rapid Rehousing Program, the creation of permanent supportive housing, an inclement weather shelter, and a regional homeless shelter. 8 Packet Pg. 66
Housing Element Refinements in Response to HCD Feedback Page 6 of 8 In prior discussions the C ity Council directed staff to establish new parking requirements for housing as follows:

Unit Size Walkable Areas4 All Others
Studio to One Bedroom 1.5 spaces/unit 2 spaces/unit
Two or more Bedrooms 2 spaces/unit 2.5 spaces/unit
Figure 3 – Draft Parking Standards

In consideration of the updated parking standards, HCD requested that the parking required for single -room occupancy units (SROs) be reduced to 0.5 spaces per unit, and that the parking required for studio to one -bedroom units to be reduce d to 1 space per unit. The request to reduce parking standards applicable to SROs, as well as studio to one -bedroom units, is to identify and address governmental constraints (Gov. Code, § 65583, subd. (a)(5).) that would impact the feasibility of providi ng units, particularly small, and very -low income units, that serve to meet the city’s RHNA (Regional Housing Needs Allocation).

Of the feedback areas identified, HCD staff expressed the strongest opinion in this topic area, stating that the City must co mmit to additional reductions in parking standards to be eligible for certification. As a result, staff recommends reducing the parking obligations as requested by HCD but only for SROs under 400 sq. ft. in size, and studio to one-bedroom units 6255 sq. ft. in size. By limiting the area of units, staff believes the potential parking impact would be better diminished and help align the size of the units with separate strategies related to micro unit production requested by HCD.

Per recent state legislation , approximately 50% of the city is subject to AB 2097 which eliminates all minimum parking requirements for are as within ½ mile of a major transit stop. Approximately 75% of the city’s identified housing opportunity sites are located within this p arking exemption area. In addition to the modifications to the parking standards for SRO’s and small studio and one - bedroom units, staff also recommends that the Housing Element include additional text indicating how the implementation of AB 2097 will remo ve parking requirements for new residential development in major portions of the city.

➢ Staff Recommendation: Reduce the parking requirement for SROs to .5 for units under 400 sq. ft. and reduce the parking requirement for studio and one-bedroom units t o 1 space per unit for units under 625 sq. ft. in area.

4 The term ‘walkable areas’ generally includes properties within ½ mile of high -quality public transit. A map depicting walkable areas will be included as part of the Multi -Family Devel opment and Design Standards update.
5 HCD staff separately expressed concerns with the city attempting to reduce the size of studio or one - bedroom units below 750 sq. ft. in area.
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Housing Element Refinements in Response to HCD Feedback Page 7 of 8

4. Microunit Production

In preparing the 3 rd Draft of the Housing Element, Program H -1m, which allowed increases in residential densities for projects that constructed “micro” units, was removed in response to staff concerns that it may have conflicted with studied land use densities and aversely complicated calculations for projects seeking a density bonus under state law.

Program H -1m: Consider the establishment of a program that allows for increases in residential densities for projects that construct micro -units, tiny housing, co -housing, live -work units, and/or other creative housing products that provide for lower -cost housing choices in Campbell. The program may include a formula to establish Small Efficiency Dwelling Unit (SEDU) equivalents, wherein housing units below a certain size threshold count as partial units towards the overall density allowances established by the General Plan.

While HCD staff was not overtly concerned with the removal of this program, they noted that adding it back could help satisfy multiple findings required for certification. For example, Program H -1m would help meet criteria related to Affirmatively Furthering Fair Housing by providing for the creation of additi onal low-income housing units within racially concentrated areas of affluence, thereby expanding access to opportunity.

In consideration of HCD feedback, staff recommends restoring Program H -1m with amendments targeted to facilitate the production of SROs and smaller studio and one-bedroom units. As revised (see underlines/strikethrough below) previous concerns that the Program would be addressed by limiting the size of units (to half that studied6) and concerns with density bonuses by removing language t hat would have allowed for an unspecified increase in density.

➢ Staff Recommendation : Restore a limited version of Program H -1m as follows:

Program H -1m: Consider the establishment of a program that allows single room occupancy units (SROs) under 400 sq. ft. in gross floor area, and studios and/or one-bedroom units under 625 sq. ft. in gross floor area, to count as only half a unit for density calculation purposes. for increases in residential densities for projects that construct micro-units, tiny housing, co-housing, live -work units, and/or other creative housing products that provide for lower -cost housing choices in Campbell. The program may include a formula to establish Small Efficiency Dwelling Unit (SEDU) equivalents, wherein housing units below a certain size threshold count as

6 Housing Element Program H-1d establishes an average maximum unit size of 1,250 square feet.

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Housing Element Refinements in Response to HCD Feedback Page 8 of 8 partial units towards the overall density allowances established by the General Plan.

NEXT STEPS
Based on feedback received from the City Council on this item, staff will publish changes as a revision to the Housing Element for a seven-day comment period prior to submitting the Housing Element back to HCD for review and approval as part of HCD’s letter which is due on February 23, 2023. Following acceptance of the changes by HCD, the Housing Element will return for review and adoption with the General Plan, Multi - Family Development and Design Standards, under development in March of 2023.

FISCAL IMPACTS
These recommended modifications to the Housing Element are not expected to result in any direct fiscal impacts to the City . Staff will intend to return with a consolidated, cost estimate of the Housing Element implementation in March 2023, for review and consideration with the adoption of the General Plan and Housing Element.

Prepared by:

Stephen Rose, Senior Planner
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Response to HCD Comments Matrix
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Reviewed by:

Rob Eastwood, Community Development Director

Response to HCD Comments Matrix: Page 1

Response to HCD Comments Matrix
Modifications to the Housing Element
Significant Changes Warranting Policy Input and Direction

1. Expand the areas in in the city in which Emergency Shelters are permitted to also include those areas designated Commercial/Light Industrial as depicted in Figure 1.

2. Update the implementing action of Program H-5e to support the creation of permanent supportive housing units equal to at least 50% of the most recent Santa Clara County Point in Time (PIT) count.

3. Reduce the parking requirement for SROs to .5 for units under 400 sq. ft. and reduce the parking requirement for studio and one-bedroom units to 1 space per unit for units under 625 sq. ft. in area.

4. Restore a limited version of Program H-1m as follows:

Program H -1m: Consider the establishment of a program that allows single room occupancy units (SROs) under 400 sq. ft. in gross floor area, and studios and/or one- bedroom units under 625 sq. ft. in gross floor area, to count as only half a unit for density calculation purposes.

Minor Policy Changes and Data Corrections

5. Add a table of census tracts on page II-93 noting: RCAA Status, TCAC Opportunity Area, Number of Sites and Number of Units at each affordability level.

6. Set an SB10 goal of 5 sites per year after adoption at end of 2024 (approximately 200 units total).

7. Modify program H-1g to quantify number of units, target SB 10 implementation in RCAA census tracts, targeting 75% of units in Racially Concentrated Areas of Affluence.

8. Clarify environmental analysis on page II-74.

9. Add new header that clarifies analysis of substandard housing that organizes existing analysis and includes new analysis on:
• Complaints via Project Sentinel
• Geographic concentrations, from Building Department
• ACS/Census data (from ABAG-MTC Data Packet)

10. Add map of RCAAs with Sites and Unit counts on page IV-41. Reference work in Finding 3 (pointing out quantifiable goal).

11. Move city actions table (currently Appendix IV-E) to body of document in Chapter IV.

12. Add discussion of types of housing that address Extremely Low-Income needs, including small unit program (H-1m).

8.a
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Attachment: Response to HCD Comments Matrix (Housing Element Refinements in Response to HCD Feedback) Response to HCD Comments Matrix: Page 2

13. Add language to II-180 and Program H-1f to clarify that its achievement of maximum densities.

14. Incorporate a greater discussion of parking reductions for smaller units on page II- 151 (under Government Constraints) and program H-3a.

15. Add an estimated goal of facilitating up to 10 matches (i.e., “units”) per year to share households. City posted resources and maintains a local list of individuals looking to share households.

16. Include outreach to people who work in Campbell but are not residing in city to get appointee on Housing Commission. Modify rules to allow non-resident on Campbell Housing Commission.

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Attachment: Response to HCD Comments Matrix (Housing Element Refinements in Response to HCD Feedback)

City
Council
Report

TITLE: Council Committee Reports

RECOMMENDED ACTION

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

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

MAYOR BYBEE
Cities Association of Santa Clara County:

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

VICE MAYOR LANDRY
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Education Subcommittee
Economic Development Subcommittee
Recycling and Waste Reduction Commission of SCC**
Santa Clara Valley Water District County Water Commission Santa Clara County Library District JPA Board of Directors

West Valley Clean Water JPA (Alt.)
West Valley Solid Waste Authority JPA (Alt.)
West Valley Mayors and Managers (Alt.)

Item: 9
Category: COUNCIL COMMITTEE

REPORTS
Meeting Date: February 7, 2023
9 Packet Pg. 72
Council Committee Reports Page 2 of 3

COUNCILMEMBER FURTADO
Advisory Commissioner Appointment Interview Committee
DCBA Liaison
Silicon Valley Regional Interoperability Authority (SVRIA) West Valley Clean Water JPA
West Valley Sanitation District
West Valley Solid Waste Authority JPA

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

COUNCILMEMBER LOPEZ:

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

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

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

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

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

**appointed by other agencies

9 Packet Pg. 73
Council Committee Reports Page 3 of 3

Prepared by:

Andrea Sanders, City Clerk

9 Packet Pg. 74